Common use of Shuttle Service Clause in Contracts

Shuttle Service. Subject to the provisions of this Section 14, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating Cost. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the Lease, as hereby amended.

Shuttle Service. Subject to the provisions of this Section 1429.41, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses, subject to Article 4. Tenant acknowledges that the provisions of this Section 14 29.41 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.

Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant no Default is not in default under continuing, Landlord shall operate (or provide for the operation of), throughout the Lease beyond applicable notice and cure periodsTerm, as hereby amended, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, for exclusive use by Tenant’s employees at the Project (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project). The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) reasonably established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service, provided that any such rules and regulations do not expressly contradict any of the terms set forth in this Section 29.40. Landlord will reasonably designate (a) the hours of operation of the Shuttle Service, which shall at least include the hours of 8 a.m. through 10:30 a.m. and 4:30 p.m. through 7:30 p.m., five (5) days a week (excluding weekends and holidays) (the “Shuttle Service Hours”), (b) the frequency of stops, and (c) designated routes, which shall include stops at the nearest BART Station and CalTrain Station. Upon request from Tenant, Landlord shall provide Shuttle Service during hours other than Shuttle Service Hours (which additional hours shall be contiguous with the Shuttle Service Hours), provided that, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of request, Landlord’s costs and expenses incurred in providing the Shuttle Services outside of the Shuttle Service Hours. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk risk. Landlord agrees that, if Tenant so elects and that appoints a representative, Landlord shall meet and confer with Tenant’s representative from time to time regarding the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and manner in which the Shuttle Service Rideris operated, including the Shuttle Service Hours, the number and capacity of shuttles, and the designated routes of the Shuttle Service; provided, however, any suggestions or requests made by Tenant’s representative shall not be binding on Landlord, but shall be taken into reasonable consideration. Subject to Tenant’s obligation to reimburse Landlord for after-Shuttle Service Hours costs, as set forth above, there shall be no fee payable by the Shuttle Service Riders for use of the Shuttle Service. The costs Service and the cost of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic excluded from the Operating Cost. Tenant acknowledges that the provisions of this Section 14 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator Expenses of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, or result in an event of default by Landlord under the LeaseProject, as hereby amendedset forth in Section 4.2.4(l) above.

Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant is not this Lease remains in default under the Lease beyond applicable notice and cure periods, as hereby amendedeffect, and so long as Landlord, in Landlord’s 's sole and absolute discretion, permits a shuttle service (the “"Shuttle Service”") to operate at the Project, Tenant’s 's employees (“"Shuttle Service Riders”") shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s 's use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses, subject to the terms of Section 4.2.4 above. Tenant acknowledges that the provisions of this Section 14 29.40 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s 's sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a reasonable fee to the users of the Shuttle Service, which fee shall be commensurate with the fees charged by landlords of Comparable Buildings. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s 's or the Shuttle Service Rider’s 's rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.

Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amendedthis Lease, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 29.40 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.. -▇▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc.

Shuttle Service. Subject to the provisions of this Section 1429.40, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amendedthis Lease, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 29.40 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.

Shuttle Service. Subject During the Term, Landlord shall provide or otherwise arrange for Shuttle Service to and from the provisions of this Section 14Project on weekdays (subject to weather conditions that adversely impact travel, so long as Tenant is not in default under the Lease beyond applicable notice holidays and cure periods, as hereby amendedForce Majeure), and so long as LandlordTenant’s employees shall, subject to seating availability, have the right to use such Shuttle Service at all times that such Shuttle Service is in Landlord’s sole operation and absolute discretion, permits a shuttle service (available for use by tenants of the Project. “Shuttle Service”” shall mean shuttle bus service provided or contracted for by Landlord between the Project and various commuting locations in the Watertown/Cambridge/Boston area, as determined by Landlord from time to time. Landlord shall have the right to adjust the schedule, frequency, and route(s) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service as it determines based on demand (Landlord will provide ActiveUS 179671324v.10 service to a nearby MBTA red line subway stop during peak commuting hours for so long as there is material demand for the same, as reasonably determined by Landlord). No fee shall be subject charged to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of any passenger that utilizes the Shuttle Service. Landlord and Tenant acknowledge ; provided that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The all costs of operating, maintaining and repairing the providing such Shuttle Service shall be included as part of Basic Operating Cost. Tenant acknowledges that Expenses (subject to the provisions of this Section 14 5, except that (a) any capital expenses for the Shuttle Service will be amortized over the lesser of the item’s useful life or seven years (and, for the avoidance of doubt, Landlord shall be entitled to include in Operating Expenses the costs of the busses, provided the same are so amortized) and any amounts paid to affiliates of Landlord for the Shuttle Service shall not exceed fair market rates and amounts), and (b) Operating Expenses for Shuttle Services shall otherwise be treated like Operating Expenses for Amenities with the exception that they shall not be deemed subject to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at LandlordAmenity Cap Amount. Tenant’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator use of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Servicesbe at Tenant’s sole risk, and Tenant hereby acknowledges that Landlord shall have no termination liability with respect thereto. Tenant shall indemnify, defend and hold Landlord harmless from and against any Claims by any of Tenant’s employees or the Shuttle Service Rider’s rights invitees related to the Shuttle Service shall entitle Tenant to an abatement or reduction in rent, constitute a constructive eviction, any personal injury or result in an event property damage related thereto or arising therefrom except for claims of default by Landlord under property damage or personal injury claims against (and based on the Lease, as hereby amendednegligence or misconduct of) the operator of the shuttle service.

Shuttle Service. Landlord, at Landlord's sole option, shall have the right to institute a shuttle service to operate at the Project (the "Shuttle Service"), which Shuttle Service shall be separate from any shuttle services operated by Tenant. Subject to the provisions of this Section 148, so long as Tenant is not in default under the Lease beyond applicable notice and cure periodsLease, as hereby amendedamended hereby, and so long as Landlord, in Landlord’s 's sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) Service to operate at the Project, Tenant’s 's employees (“"Shuttle Service Riders”") shall be entitled to use the Shuttle Service operated at the ProjectService. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 14 of the Original Lease shall apply to Tenant and the Shuttle Service Rider’s 's use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 8 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Term, and Landlord shall have the right, at Landlord’s 's sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s 's or the Shuttle Service Rider’s 's rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentBase Rent, Tenant's Share of Expenses or any other amounts due under the Lease, as 795203.05/WLA ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ 377397-00003/4-3-19/mjh/ejw GoPro, Inc. amended hereby, constitute a constructive eviction, or result in an event of default by Landlord under the Lease, as hereby amended.

Shuttle Service. Subject to the provisions of this Section 1429.43, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amendedthis Lease, and so long as Landlord, in Landlord’s sole and absolute discretion, permits a shuttle service (the “Shuttle Service”) to operate at the Project, Tenant’s employees (“Shuttle Service Riders”) shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle Service. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 29.43 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s or the Shuttle Service Rider’s rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.. [Signatures follow on next page]

Shuttle Service. Subject to the provisions of this Section 1429.41, so long as Tenant is not in default under the Lease beyond applicable notice and cure periods, as hereby amended, and so long as Landlord, in Landlord’s 's sole and absolute discretion, permits a shuttle service (the “"Shuttle Service”") to operate at the Project, Tenant’s 's employees (“"Shuttle Service Riders”") shall be entitled to use the Shuttle Service operated at the Project. The use of the Shuttle Service shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord, in its sole and absolute discretion, and/or the operator of the Shuttle ServiceService and Landlord shall provide a copy of such rules and regulations to Tenant. Landlord and Tenant acknowledge that the use of the Shuttle Service by the Shuttle Service Riders shall be at their own risk and that the terms and provisions of Section 10.1 of the Original this Lease shall apply to Tenant and the Shuttle Service Rider’s 's use of the Shuttle Service. The costs of operating, maintaining and repairing the Shuttle Service shall be included as part of Basic Operating CostExpenses. Tenant acknowledges that the provisions of this Section 14 29.41 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Shuttle Service (or any other shuttle service) throughout the Lease Term, and Landlord shall have the right, at Landlord’s 's sole discretion, to expand, contract, eliminate or otherwise modify all Shuttle Services provided by it. Landlord or the operator of the Shuttle Service shall have a right to charge a fee to the users of the Shuttle Service. No expansion, contraction, elimination or modification of any or all Shuttle Services, and no termination of Tenant’s 's or the Shuttle Service Rider’s 's rights to the Shuttle Service shall entitle Tenant to an abatement or reduction in rentRent, constitute a constructive eviction, or result in an event of default by Landlord under the this Lease, as hereby amended.