Common use of Rooftop Premises Clause in Contracts

Rooftop Premises. During the Term, Tenant shall have the right to use a portion the rooftop of the Building 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 Tenant’s business in the Premises, all of which shall have been approved by Landlord (any devices and/or equipment installed within the Rooftop Premises, as the same may be modified, altered or during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do not interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the for the roof or the roof membrane; (iii) shall be adequately screened so as to minimize the of such devices and/or equipment; and (iv) 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 provide reasonable utility service (at Tenant’s reasonable cost) to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment in good order, 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 Rooftop Equipment. 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 roof or roof membrane. If Tenant’s Rooftop Equipment 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 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 next sentence, Landlord shall elect, at the time of 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 to remove such Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipment.

Rooftop Premises. During the Term, Tenant shall have the right to use a portion of the rooftop of the Building 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 Tenant’s business in the Premises, all of which shall have been approved by Landlord (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 provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do not interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the warranty for the roof or the roof membrane; (iii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iv) 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 provide reasonable utility service (at Tenant’s reasonable cost) to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment in good order, 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. 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 roof or roof membrane. If Tenant’s Rooftop Equipment 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 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 next sentence, Landlord shall elect, at the time of 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 to remove such Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost of repairs directly related and limited to the damage caused by the removal of such equipment.

Rooftop Premises. During the Term, Tenant shall have the right to use a the portion of the rooftop of the Building reasonably designated by Landlord shown on the plan attached hereto as Exhibit 1D (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 Tenant’s business in mechanical and communications equipment (A) serving only the Premises, all of which shall have been (B) 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 provided Tenant demonstrates to Landlord’s reasonable satisfaction delayed. Landlord acknowledges that the proposed devices and/or equipment shown on Exhibit 1D attached hereto has been approved by Landlord (isubject to the provisions of Sections 3 (if applicable) do 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 on to the roof; extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment (iii) will not affect the structural integrity of the Building or void the for impact the roof or the roof membranemembrane in any manner; (iiiii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iviii) shall be adequately sound-proofed to meet all requirements of Legal RequirementsRequirements . 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 reasonable utility service (at Tenant’s reasonable cost) 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 in good orderat Tenant’ sole cost and, condition and repair and for 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. Tenant shall use Landlord’s roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to Landlord for In the event that at any work impacting time during the roof or roof membrane. If Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment damages interferes with Tenant’s make-up air installations or the roof (other than ordinary wear and tear damage or damage arising from extraordinary events operation 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 Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (and 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 subsequent repairs to time during the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth in the next sentenceTerm, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlorddetermines, in consideration of Ten Dollars ($10.00)its bona fide and good faith business judgment, all of Tenant’s right, title and in and to all or any portion that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or to remove 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 or a portion thereof 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 expiration or sooner termination of the Term. Notwithstanding the foregoing, unless this Lease has been terminated due Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a Default by Tenant, Tenant may remove Tenant’s satellite dishes and generators and equipment appurtenant thereto at the expiration of the Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipmentdiscriminatory manner.

Rooftop Premises. During the Term, Tenant shall have the right to use a that portion of the rooftop of the Building reasonably designated by Landlord shown on Exhibit F attached hereto (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 Tenant’s business in the Premises, all of which shall have been equipment approved by Landlord and 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 provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do does not interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the for impact the roof or the roof membranemembrane in any adverse manner; (iii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iv) shall be adequately sound-proofed to meet all requirements of Legal RequirementsRequirements 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 and 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 reasonable utility service (at Tenant’s reasonable cost) any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment in good order, 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. 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. Tenant shall use Landlord’s roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to Landlord for In the event that at any work impacting time during the roof or roof membrane. If Tenant’s Rooftop Equipment 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 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 next sentenceTerm, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlorddetermines, in consideration of Ten Dollars ($10.00)its sole but bona fide business judgment, all of Tenant’s right, title and in and to all or any portion that the operation and/or periodic testing of Tenant’s Rooftop Equipment interferes with the operation of the Building or to remove such the business operations of any of the occupants of the Building, then Tenant shall, upon notice from Landlord, cause all further testing of Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipmentoccur after normal business hours (hereinafter defined).

Rooftop Premises. During the Term, Tenant shall have the right to Tenant's use a portion the rooftop and occupancy of the Building reasonably designated Rooftop Premises (as the same shall change during the term of this Lease) shall be subject to the following additional requirements and restrictions: (a) The Rooftop Premises shall only be used for housing and operating certain equipment approved by Landlord and 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 “Rooftop Premises”) at no additional rental cost "GENERATOR"), which Generator Tenant shall install, maintain and operate in compliance with Legal Requirements, and certain other mechanical equipment serving the laboratory areas of the Premises solely for the installation benefit of HVAC equipmentTenant and any Successors, antennas, satellite dishes or other communications device Affiliated Entities and certain mechanical devices necessary for the operation of Tenant’s business in permitted sublessees and licensees occupying the Premises, all of which shall have been as specifically approved in writing by Landlord (any devices and/or 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 approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed provided Tenant demonstrates to Landlord’s 's reasonable satisfaction that the proposed devices and/or equipment (ix) do does not interfere with any base building equipment operated by Landlord on the roof; (iiy) will not affect the structural integrity of the Building or void the for impact the roof or the roof membrane; (iii) shall be adequately screened so as to minimize the of such devices and/or equipmentmembrane in any manner; and (ivz) shall be adequately sound-proofed to meet all requirements of Legal Requirements. 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 and 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 reasonable utility any services including, without limitation, electric current, or gas service (at Tenant’s reasonable cost) to the Rooftop Premises or to Tenant’s 's Rooftop Equipment. . (e) Tenant shall be responsible for the cost of repairing and maintaining Tenant’s 's Rooftop Equipment in good order, 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 '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 Rooftop Equipment. Tenant shall use Landlord’s roof contractor . (if such roof is under warranty such contractorg) or another contractor reasonably acceptable to Landlord for If any work impacting of Tenant's Work on the roof or roof membrane. If of the Building, including without limitation the installation and maintenance of Tenant’s 's Rooftop Equipment Equipment, 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 warrantywarranty provided by Landlord to Tenant, Tenant shall be fully responsible for the cost of repairs directly related and limited the damage caused by Tenant’s Rooftop Equipment (and any subsequent repairs to the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth . (h) Notwithstanding anything to the contrary contained herein, in the next sentenceevent that at any time during the term hereof, Landlord shall electdetermines, at in its sole but bona fide business judgment, that the time periodic testing of Landlord’s approval thereofTenant's Rooftop Equipment interferes with the operation of the Building or the business operations of any of the occupants of the Building, either to require then Tenant convey to shall, upon notice from Landlord, in consideration of Ten Dollars ($10.00), cause all further testing of Tenant’s right, title and in and to all or any portion of Tenant’s 's Rooftop Equipment or to remove such Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipmentoccur after normal business hours (hereinafter defined).

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 condition that, and for so long as, Tenant is then leasing at least six (6) full floors of the Office Area, including, without limitation, Floors 15 through 20. Tenant, at Tenant’s sole cost, shall purchase, insure, and provide all furniture, fixtures, and equipment Tenant desires to use a portion the rooftop of the Building 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 Tenant’s business in the Premises, all of which shall have been approved by Landlord Rooftop Premises (any devices and/or equipment installed within the Rooftop Premises, as the same may be modified, altered or during the Term, is collectively referred to herein as “Tenant’s Rooftop EquipmentFF&E”). approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do not interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the for the roof or the roof membrane; (iii) shall be adequately screened so as to minimize the of such devices and/or equipment; and (iv) 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 provide reasonable utility service (at Tenant’s reasonable cost) to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing insuring, repairing, and maintaining Tenant’s Rooftop Equipment in good orderFF&E during the Term and shall remove same at the expiration or earlier termination of the Lease Term, condition and shall 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 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 and operation use of the Rooftop EquipmentPremises 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 roof contractor insurance rates (if such roof is under warranty such contractor) or another contractor reasonably unless Tenant first gives assurance acceptable to Landlord for any work impacting payment of such increased cost and that readaptation of the roof Rooftop Premises will be made prior to expiration or roof membranetermination of the Lease without expense to Landlord), or cause a cancellation of Landlord’s insurance coverage for the Building. If Landlord shall promptly provide Tenant notice if Landlord is informed that Tenant’s use of the Rooftop Equipment damages Premises is likely to result in an increase in Landlord’s insurance rates. (ii) In the roof event that Tenant no longer leases at least six (other than ordinary wear and tear damage or damage arising from extraordinary events 6) full floors of a nature not controllable by Tenant such as high windsthe Office Area, fire, electrical storms and the like) or invalidates or adversely affects any warrantyat Landlord’s election, Tenant shall be fully responsible for surrender to Landlord possession of the cost Rooftop Premises in the condition required in accordance with the provisions of repairs directly related this Lease applicable to the Expiration Date and limited the damage caused by Tenant’s lease of the Rooftop Equipment (Premises shall end and any subsequent repairs expire, subject to Tenant’s exclusive right to use a portion of the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth in below. From and after the next sentencedate on which Tenant’s exclusive use of the Rooftop Premises expires as set forth above, Landlord shall electAnnual Fixed Rent, at Tenant’s Tax Share, Tenant’s Expense Share, the time of Landlord’s approval thereof, either to require Tenant convey to Landlord, in consideration of Ten Dollars ($10.00), all number of Tenant’s rightParking Privileges, title and in all other rights and to all or any portion obligations of Tenant’s Rooftop Equipment or to remove such Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the foregoing, unless Tenant under this Lease has been terminated due which are calculated on a per square foot, pro rata or proportionate share basis, each shall be decreased on a pro rata basis to a Default by Tenant, Tenant may remove Tenant’s satellite dishes and generators and equipment appurtenant thereto at the expiration of the Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by reflect the removal of the Rooftop Premises 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 Tenant fails to timely deliver such equipmentnotice, Landlord will designate whether Outdoor Area A or Outdoor Area B will be the portion of the rooftop area designated for Tenant’s exclusive use. (iv) From and after the date 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 Landlord permanently designate the portion(s) of the Rooftop Premises shown as “Common Exterior Roof Deck Area” on said plan for other uses or for the exclusive 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 after 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 the Term, Tenant shall have the right to use a portion of the rooftop of the Building 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 Tenant’s business in the Premises, all of which shall have been equipment approved by Landlord and purchased and installed by, or on behalf of, 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”). Tenant’s Rooftop Equipment may include supplemental HVAC equipment, antennas, satellite dishes, and equipment related thereto. Landlord’s approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do does not interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the for negatively impact the roof or the roof membranemembrane in any manner; (iii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iv) shall be adequately sound-proofed to meet all requirements of Legal RequirementsRequirements 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 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 reasonable utility service (at Tenant’s reasonable cost) any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment in good order, 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. Tenant shall use Landlord’s roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to Landlord for In the event that at any work impacting time during the roof or roof membrane. If Tenant’s Rooftop Equipment 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 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 next sentenceTerm, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlorddetermines, in consideration of Ten Dollars ($10.00)its sole but bona fide and reasonable business judgment, all of Tenant’s right, title and in and to all or any portion that the operation and/or periodic testing of Tenant’s Rooftop Equipment interferes with the operation of the Building or to remove such the business operations of any of the occupants of the Building, then Tenant shall, upon notice from Landlord, cause all further testing of Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipmentoccur after normal business hours (hereinafter defined in Section 2.4).

Rooftop Premises. During Landlord hereby grants to Tenant the Termnon-exclusive right to occupy reasonable portions of the 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 (as reasonably determined by Landlord) and shall be in accordance with the additional following conditions: (a) The use of the Rooftop Equipment 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 have immediately, at its sole cost and expense, repair any and all damage resulting from the right 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 a portion 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 reasonably designated caused by Landlord any such installation, use, operation, maintenance or removal, including, without limitation, water damage or other damage resulting from weather elements. (the “Rooftop Premises”d) at no additional rental cost for the The installation of HVAC equipment, antennas, satellite dishes or other communications device and certain mechanical devices necessary for the operation of Tenant’s business in the Premises, all of which shall have been approved by Landlord (any devices and/or equipment installed within the Rooftop PremisesEquipment, 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 during the Term, is collectively referred to herein as “Tenant’s Rooftop Equipment”). which approval of such devices and/or equipment shall not be unreasonably withheld, conditioned or delayed delayed, and at Tenant's expense, provided such installation is of a non-penetrating surface mount only. Tenant demonstrates may not install the Rooftop Equipment in a manner that 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 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 Landlord’s 's reasonable satisfaction satisfaction, prior to the 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 the proposed devices and/or equipment 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 (10) 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 personal property of Tenant and shall be removed by Tenant prior to the expiration or earlier termination of this Lease, and Tenant shall repair any damage caused by the removal of the Rooftop Equipment and its associated wiring, cables and other components and immediately, at Tenant's sole cost and expense, restore the Rooftop Premises to the condition which existed prior to the installation of the Rooftop Equipment. (e) Tenant may, at Tenant's own cost and expense, upon reasonable prior written notice to Landlord (except in the event of an emergency, in which case only such notice as is reasonable under the circumstances), access the Rooftop Premises to repair, replace, reorient or remove the Rooftop Equipment, or replace it with generally similar equipment, provided that (i) do not interfere with any base new equipment can be properly accommodated on Rooftop Premises without placing materially greater demands upon the electrical, mechanical, structural, life safety or other building equipment operated by Landlord on systems of the roofBuilding than the original Rooftop Equipment; (ii) will not affect Tenant at its cost shall restore the structural integrity affected portion of Rooftop Premises to the Building condition in which it was prior to such repair, reorientation, removal or void the for the roof replacement, and all of such repair, reorientation, removal or the roof membranereplacement shall be performed 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 screened so taken "as to minimize the of such devices and/or equipment; is", "with all faults", without any representations and (iv) 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, 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 of the Rooftop Equipment, comply with all Legal Requirements and Private Restrictions affecting the installation, use, operation and maintenance of the Rooftop Equipment, including, without limitation, 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 with respect to the installation or operation of Tenant’s the Rooftop Equipment. Landlord shall provide reasonable utility service (at Tenant’s reasonable cost) Equipment prior to the Rooftop Premises or to Tenant’s Rooftop Equipment. commencement of any installation activities hereunder, and Tenant shall be responsible for the cost of repairing obligated to keep in full force and maintaining Tenant’s Rooftop Equipment in good ordereffect and renew, 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 Rooftop Equipment. 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 roof or roof membrane. If Tenant’s Rooftop Equipment 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 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 next sentence, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlord, in consideration of Ten Dollars ($10.00)applicable, all of Tenant’s rightrequired permits, title approvals and in and to all or any portion of Tenant’s Rooftop Equipment or to remove such Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipmentlicenses required hereunder.

Rooftop Premises. (a) During the Term, subject to the availability of space thereon, Tenant shall have the right to use a portion of the rooftop of the Building reasonably designated by Landlord (the “Rooftop Premises”) at no additional rental cost for the installation of certain equipment (i.e., HVAC equipment, antennas, satellite dishes or other communications device and certain mechanical devices necessary for the operation of Tenant’s business in the Premisesdishes, all of which shall have been etc.) approved by Landlord and 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 provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do does not adversely interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the for adversely impact the roof or the roof membranemembrane in any manner; (iii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iv) shall be adequately sound-proofed to meet all requirements of Legal RequirementsRequirements 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 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 reasonable utility service (at Tenant’s reasonable cost) any services including, without limitation, electric current or gas service, to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment in good order, 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. Tenant shall use Landlord’s roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to In the event that at any time during the Term, Landlord for any work impacting determines, in its sole but bona fide business judgment, that the roof or roof membrane. If operation and/or periodic testing of Tenant’s Rooftop Equipment damages interferes with the roof operation of the Building or the business operations of any of the occupants of the Building, then Tenant shall, upon notice from Landlord, cause all further testing of Tenant’s Rooftop Equipment to occur after normal business hours. (other than ordinary wear b) Without limiting the generality of the foregoing Section 5.22(a), subject to Legal Requirements and tear damage Landlord’s prior written approval of plans and specifications therefor (such approval not to be unreasonably withheld, conditioned or damage arising from extraordinary events 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). Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the Emergency Back-up Equipment to a nature not controllable location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such as high windsrequest (taking into account any reasonable time necessary to obtain permits and approvals for such work, fireTenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). Landlord agrees to require such relocation no more than once during the Term (provided that such limitation shall not apply to temporary relocations required in connection with any required maintenance, electrical storms and repair or replacement by Landlord). Landlord’s approval of the like) Emergency Back-up Equipment shall not be unreasonably withheld, conditioned or invalidates or adversely affects any warranty, delayed. Tenant shall be fully responsible for the cost of repairs directly related repairing and limited maintaining the damage caused by Tenant’s Rooftop Emergency Back-up Equipment (in good order, condition and any subsequent repairs to the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth in the next sentence, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlord, in consideration of Ten Dollars ($10.00), all of Tenant’s right, title repair and in compliance with Legal Requirements and to all or any portion of Tenant’s Rooftop Equipment or to remove such Tenant’s Rooftop Equipment or a portion thereof at the expiration or sooner termination of the Term. Notwithstanding the 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 Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited of repairing any damage to the damage Property, or the cost of any necessary improvements to the Property, caused by or as a result of the installation, replacement and/or removal of such equipment.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

Rooftop Premises. During the Term, Tenant shall have the right to use a portion of the rooftop of the Building 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 equipment serving only the operation of Tenant’s business in the Premises, all of which shall have been Premises approved by Landlord and purchased and installed by Tenant (any devices and/or 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 devices and/or equipment shall not be unreasonably withheld, conditioned or delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed devices and/or equipment (i) do does not interfere with any base building equipment operated by Landlord on the roof; (ii) will not affect the structural integrity of the Building or void the for impact the roof or the roof membranemembrane in any manner or void, or adversely affect Landlord’s rights under, the roof warranty in any manner; (iii) shall be adequately screened so as to minimize the visibility of such devices and/or equipment; and (iv) shall be adequately complies with all Applicable Laws including sound-proofed proofing to meet all requirements of Legal Requirementssatisfy 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 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 reasonable utility service (at Tenant’s reasonable cost) any services including electric current to the Rooftop Premises or to Tenant’s Rooftop Equipment. Tenant shall be responsible for the cost of repairing and maintaining Tenant’s Rooftop Equipment in good order, 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. Tenant shall use Landlord’s designated roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to Landlord for any work impacting the roof or roof membrane. If any of Tenant’s work on the roof of the Building, including the installation and maintenance of Tenant’s Rooftop Equipment Equipment, 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 Rooftop Equipment (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 waiver contained in Section 10.5 hereof shall not apply to the cost of any such repairs. Except as set forth in In the next sentenceevent that at any time during the Lease Term, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlorddetermines, in consideration of Ten Dollars ($10.00)its sole but bona fide business judgment, all of Tenant’s right, title and in and to all or any portion that the operation and/or periodic testing of Tenant’s Rooftop Equipment or to remove such Tenant’s Rooftop Equipment or a portion thereof at interferes with the expiration or sooner termination operation of the Term. Notwithstanding Building or the 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 business operations of the Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipment.any

Rooftop Premises. During the Term, Tenant shall have the right to use a the portion of the rooftop of the Building reasonably designated by Landlord shown on the plan attached hereto as Exhibit 1C (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 Tenant’s business in mechanical and communications equipment (A) serving only the Premises, all of which shall have been (B) approved by Landlord 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 provided Tenant demonstrates to Landlord’s reasonable satisfaction delayed. Landlord acknowledges that the proposed devices and/or equipment described on Exhibit 1C attached hereto has been approved by Landlord (isubject to the provisions of Sections 3 (if applicable) do 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 on to the roof; extent installed prior to the date of installation of Tenant’s Rooftop Equipment. Any installation of Tenant’s Rooftop Equipment (iii) will not affect the structural integrity of the Building or void the for impact the roof or the roof membranemembrane in any manner; (iiiii) 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 devices and/or equipment; and (iviii) 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 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 reasonable utility service (at Tenant’s reasonable cost) 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 in good orderat Tenant’ sole cost and, condition and repair and for 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. Tenant shall use Landlord’s roof contractor (if such roof is under warranty such contractor) or another contractor reasonably acceptable to Landlord for In the event that at any work impacting time during the roof or roof membrane. If Term, the operation and/or periodic testing of any other rooftop equipment installed after Tenant’s Rooftop Equipment damages interferes with Tenant’s make-up air installations or the roof (other than ordinary wear and tear damage or damage arising from extraordinary events operation 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 Rooftop Equipment or the business operations of Tenant, then Landlord shall, upon notice from Tenant, cause (and 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 subsequent repairs to time during the roof to the extent that any warranty is invalidated or adversely affected). Except as set forth in the next sentenceTerm, Landlord shall elect, at the time of Landlord’s approval thereof, either to require Tenant convey to Landlorddetermines, in consideration of Ten Dollars ($10.00)its bona fide and good faith business judgment, all of Tenant’s right, title and in and to all or any portion that the operation and/or periodic testing of Tenant’s Rooftop Equipment unreasonably interferes with the operation of the Building or to remove 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 or a portion thereof 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 expiration or sooner termination of the Term. Notwithstanding the foregoing, unless this Lease has been terminated due Building (giving priority to previously installed rooftop equipment vis-à-vis subsequently installed rooftop equipment) and shall not enforce such provisions in a Default by Tenant, Tenant may remove Tenant’s satellite dishes and generators and equipment appurtenant thereto at the expiration of the Term at Tenant’s cost provided that Tenant complies with any reasonable requirements or conditions imposed by Landlord and that Tenant remains responsible for the cost repairs directly related and limited to the damage caused by the removal of such equipmentdiscriminatory manner.