Common use of Terrace Clause in Contracts

Terrace. Tenant shall have the right to use, on an exclusive basis, the terrace located between 450 Concar North Tower and 450 Concar South Tower with entrances at the second (2nd) level of the Project (collectively, the “Terrace”), which Terrace shall, for purposes of this Lease, be deemed part of the Common Areas. Tenant shall be permitted to make Alterations (as that term is defined in Article 8 below) to the Terrace, subject to the terms of Article 8 below, and in no event shall such Alterations constitute “Cosmetic Alterations” (as that term is defined therein). In addition, Tenant shall be permitted to install and place furniture, fixtures, plants, graphics, signs or insignias or other similar items (collectively, “Terrace FF&E”) on the Terrace, subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be deemed reasonable for Landlord to withhold its consent to any Terrace FF&E if the same is not consistent with the nature and quality of such items in Comparable Buildings (as that term is defined in Exhibit F attached hereto) and Landlord shall have the right to remove any Terrace FF&E that is not maintained in a manner consistent with the nature and quality of such items in Comparable Buildings. Landlord shall have the right to temporarily close the Terrace or limit access thereto from time to time in connection with Landlord’s maintenance or repair of the Terrace or Building. Landlord and Tenant acknowledge and agree that Tenant shall be solely responsible for supervising and controlling access to the Terrace. So long as Tenant continues to lease at least fifty percent (50%) of the rentable square footage of the Building, together with a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, then Tenant shall continue to have exclusive use of the Terrace. At any time that Tenant is no longer directly leasing from Landlord at least fifty percent (50%) of the rentable square footage of the Building and/or no longer leasing a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, then (i) Tenant’s use shall be non-exclusive and in common with Landlord and other tenants of the Building, (ii) Tenant shall not be permitted to make any Alterations or install any Terrace FF&E on the Terrace, without Landlord’s prior consent, and (iii) at Landlord’s request, Tenant, at Tenant’s sole cost and expense, shall be responsible for removing any previously installed Alterations (unless at the time such Alterations were made Landlord expressly agreed, in writing, that removal would not be required) and Terrace FF&E, and repairing any damage caused by such removal; provided, however, that should Tenant thereafter once again lease fifty percent (50%) or more of the rentable square footage of the Building and a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, then Tenant’s exclusive use of the Terrace shall be restored, otherwise subject to the terms of this Section 1.1.3 above.

Terrace. Tenant shall have the right to use, on an exclusive basis, but subject to Landlord Use Rights (as defined hereinbelow), the terrace located between 450 Concar North Tower and 450 Concar South Tower the Buildings with entrances at the second first floor level (2ndnot the ground floor level) level of the Project Project, shown on Exhibit A-3 attached hereto (collectively, the “Terrace”), which Terrace shall, for purposes of this Lease, be deemed part of the Common Areas. If Landlord recaptures one or more full floors of the Premises pursuant to Section 14.4 below or Tenant otherwise fails to directly lease from Landlord one (1) or more full floors within either Building, Tenant’s use of the Terrace shall be on a non-exclusive basis, however, thereafter, Tenant shall have the right to schedule temporary exclusive use of the Terrace with Landlord from time to time for particular events, subject to the scheduled use of the Terrace by Landlord and other tenants of the Project, as reasonably determined by Landlord on a proportionate basis, taking into consideration the amount of rentable square feet then leased by Tenant at the Project. Tenant’s use of the Terrace shall be permitted subject to such reasonable rules and regulations as may be prescribed by Landlord from time to time. Following the expiration of the Construction Period, Tenant may make Alterations (as that term is defined in Article 8 below) to the Terrace, subject to and may install or place on the terms of Article 8 below, and in no event shall such Alterations constitute “Cosmetic Alterations” (as that term is defined therein). In addition, Tenant shall be permitted to install and place Terrace certain furniture, fixtures, plants, graphics, signs or insignias or other similar items (collectively, “Terrace FF&E”) on the Terraceinsignias, subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, it following the termination of Tenant’s exclusive rights to use the Terrace, Tenant shall remove all such furniture, plants, graphics signs or insignia, and other personal property, and repair any damage caused by such removal, the parties acknowledging that Tenant shall not be deemed reasonable for Landlord to withhold its consent to any Terrace FF&E if the same is not consistent with the nature and quality of such items in Comparable Buildings (as that term is defined in Exhibit F attached hereto) and Landlord shall have the right obligated to remove any Terrace FF&E that is not maintained Alterations (as defined in a manner consistent with the nature Section 8.1 below) installed by Tenant and quality of such items in Comparable Buildingsapproved by Landlord. Landlord shall have the right to temporarily close the Terrace or limit access thereto from time to time (i) in connection with Landlord’s maintenance or repair of the Terrace or BuildingBuildings and (ii) during Tenant’s period of exclusive use of the Xxxxxxxx, no more than three (3) events within any twelve (12) month period (but at any time of the day not to exceed twelve (12) hours on any one occasion, not including set up and take down time), for other reasonable purposes, including, without limitation, for events hosted by or on behalf of Landlord at any time (collectively “Landlord Use Rights”, with Landlord’s Use Rights under item (ii) referred to herein as “Landlord’s Event Use Rights”); provided, however, that Landlord shall provide reasonable advance written notice to Tenant of the date(s) and the anticipated period of closure or limited use of the Terrace, and in the case of Landlord’s Event Use Rights, Landlord shall schedule any such use of the Terrace in consultation with Tenant so as to avoid conflicts with any particular pre-planned use of the Terrace by Tenant for an event that does not occur routinely and, to the extent necessary (as reasonably determined by Landlord), shall provide its own security services for such events at its own cost (and not as an element of Direct Expenses). The foregoing limitation on Landlord’s Event Use Rights shall not apply following the termination of Tenant’s exclusive use of the Terrace, and instead, Landlord’s right to use the Terrace for events shall be subject to scheduling and availability as set forth in this Section 1.5 above. So long as Tenant is satisfying the Office Space Leasing Requirement, if Landlord utilizes a security service other than the service generally providing services to the Premises on behalf of Tenant, Tenant shall have the right to approve such supplier of security services employed or engaged in connection with Landlord’s Event Use Rights, which approval shall not be unreasonably withheld, conditioned or delayed. Reasonable advance written notice shall be not less than fifteen (15) days for Landlord’s Event Use Rights. Landlord and Tenant acknowledge and agree that (A) Tenant shall be solely responsible for supervising and controlling access to the Terrace by Tenant’s employees, officers, directors, shareholders, agents, representatives, contractors and invitees (the “Terrace Users”) and Landlord shall be responsible for supervising and controlling access to the Terrace by Landlord’s Terrace Users; and (B) Landlord is not responsible for supervising and controlling access to the Terrace, except in connection with Landlord’s exercise of Landlord’s Use Rights. So long Except to the extent arising as Tenant continues to lease at least fifty percent (50%) a consequence of the rentable square footage negligence or willful misconduct of Landlord: (I) Tenant assumes the risk for any loss, claim, damage or liability arising out of the Building, together with a portion use or misuse of the second Terrace by Tenant’s Terrace Users, and Tenant releases and discharges Landlord from and against any such loss, claim, damage or liability; (2ndII) floor Tenant further agrees to indemnify, defend and hold Landlord and the Landlord Parties, harmless from and against any and all losses and claims relating to or arising out of the Building providing Tenant access to the Terrace, then Tenant shall continue to have exclusive use or misuse of the Terrace. At any time that Terrace by Tenant is no longer directly leasing from Landlord at least fifty percent (50%) of the rentable square footage of the Building and/or no longer leasing a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, then (i) or Tenant’s use shall be non-exclusive and in common with Landlord and other tenants of the Building, Terrace Users (ii) Tenant shall not be permitted to make any Alterations or install any Terrace FF&E on the Terrace, without Landlord’s prior consent, and (iii) at Landlord’s request, Tenant, at Tenant’s sole cost and expense, shall be responsible for removing any previously installed Alterations (unless at the time such Alterations were made Landlord expressly agreed, in writing, that removal would not be required) and Terrace FF&E, and repairing any damage caused by such removal; providedsubject, however, that should Tenant thereafter once again lease fifty percent (50%) or more to Section 10.3.2.4 below). Except to the extent arising as a consequence of the rentable square footage negligence or willful misconduct of Tenant: (y) Landlord assumes the risk for any loss, claim, damage or liability arising out of the Building and a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, then Tenant’s exclusive use or misuse of the Terrace by Landlord’s Terrace Users, and Landlord releases and discharges Tenant from and against any such loss, claim, damage or liability; (z) Landlord further agrees to indemnify, defend and hold Tenant and the Tenant Parties, harmless from and against any and all losses and claims relating to or arising out of the use or misuse of the Terrace by Landlord or Landlord’s Terrace Users. Neither party shall have any liability or responsibility to monitor the use, or manner of use, by the Terrace Users of the other party. Tenant’s rights under this Section 1.5 shall be restored, otherwise subject personal to the terms of this Section 1.1.3 aboveOriginal Tenant and its Permitted Transferee Assignee and may only be exercised by the Original Tenant or its Permitted Transferee Assignee and their respective subtenants.

Terrace. Tenant shall have the right to use, on an exclusive basis, use the outdoor terrace located between 450 Concar North Tower and 450 Concar South Tower with entrances at immediately adjacent to the second Demised Premises (2nd) level of the Project (collectively, the “"Terrace”"), which Terrace shall, for purposes of this Lease, shall be deemed considered a part of the Common Areas. Tenant shall be permitted to make Alterations (as that term is defined in Article 8 below) to the TerraceDemised Premises, subject to the terms of Article 8 below, this Lease and in no event shall such Alterations constitute “Cosmetic Alterations” the following additional provisions: (as i) Tenant agrees and acknowledges that term is defined therein). In addition, Tenant shall be permitted to install and place furniture, fixtures, plants, graphics, signs or insignias or other similar items (collectively, “Terrace FF&E”) on the Terrace, subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, it shall be deemed reasonable for Landlord to withhold its consent to any Terrace FF&E if the same is not consistent with the nature and quality of such items in Comparable Buildings (as that term is defined in Exhibit F attached hereto) and Landlord shall have the right to remove any Terrace FF&E that is not maintained in a manner consistent with the nature and quality of such items in Comparable Buildings. Landlord shall have the right to temporarily close the Terrace or limit access thereto from time to time in connection with Landlord’s maintenance or repair Tenant's use of the Terrace or Building. Landlord is and Tenant acknowledge and agree that Tenant shall be solely responsible for supervising at Tenant's OWN RISK; (ii) Tenant accepts the Terrace in its "AS IS/WHERE IS" condition, without any obligation on the part of Landlord to perform any alterations, improvements, redecorating or other work therein, or to provide any construction or monetary allowance therefor (and controlling access to the Terrace. So long as Tenant continues to lease at least fifty percent (50%) of the rentable square footage of the Building, together with a portion Terrace shall not be included for purposes of determining the second amount of any construction allowance under this Lease); (2ndiii) floor of the Building providing Tenant access Landlord shall not be required to provide cleaning services or any other services to the Terrace; (iv) Tenant shall, then at Tenant's own cost, promptly remove all trash from the Terrace and otherwise keep the Terrace clean and free from litter and other garbage; (v) Tenant shall continue be responsible for any and all loss or damage to have exclusive Tenant's property on the Terrace; (vi) Tenant shall not make any alterations, additions or improvements in, to or about the Terrace; and (vii) Tenant shall comply with any other rules or regulations hereafter imposed by Landlord with respect to the use of the Terrace. At any time that Tenant is no longer directly leasing from Landlord at least fifty percent (50%) of , for the rentable square footage of the Building and/or no longer leasing a portion of the second (2nd) floor of the Building providing Tenant access to the Terracesafety, then (i) Tenant’s use shall be non-exclusive care and in common with Landlord and other tenants of the Building, (ii) Tenant shall not be permitted to make any Alterations or install any Terrace FF&E on the Terrace, without Landlord’s prior consent, and (iii) at Landlord’s request, Tenant, at Tenant’s sole cost and expense, shall be responsible for removing any previously installed Alterations (unless at the time such Alterations were made Landlord expressly agreed, in writing, that removal would not be required) and Terrace FF&E, and repairing any damage caused by such removal; provided, however, that should Tenant thereafter once again lease fifty percent (50%) or more of the rentable square footage cleanliness of the Building and a portion the comfort, quiet enjoyment and convenience of other tenants in the Building. In addition to and without limiting the foregoing, Tenant agrees that Tenant shall not (and shall not allow any other party to) place, display or maintain any object, other than furniture, on the Terrace without Landlord's prior written approval, which may be given or withheld in Landlord's sole discretion. Any and all property on the Terrace shall in all cases be installed, used, operated, maintained and removed in compliance with the following requirements: (i) the property shall not interfere in any way with the Building's existing or future engineering, window washing or other maintenance functions; (ii) the property must be properly secured and installed so as not to be affected by high winds or other elements; (iii) the property shall not be visible from the exterior of the second Building; and (2ndiv) floor the property shall not interfere with or otherwise affect the electrical, mechanical, structural, life safety or other building systems of the Building providing or obstruct or interfere with the rights of other tenants in the Building. In addition to Tenant's other indemnification obligations hereunder, Tenant access to the Terraceshall indemnify, then defend and hold harmless Landlord and its agents and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by or asserted against Landlord and/or its agents or employees by reason of, in connection with or otherwise arising out of, Tenant’s exclusive 's use of the Terrace shall be restored, otherwise subject to the terms of this Section 1.1.3 aboveTerrace.

Terrace. Tenant shall have the right to use, on an exclusive basis, the terrace located between 450 Concar North Tower and 450 Concar South Tower with entrances at the second (2nd) level As contemplated in Section 1.5 of the Project Office Lease, Tenant’s use of the portion of the Terrace shown and labeled as the "Box/Xxxxx Xxxx Common Area" in Exhibit B attached hereto (collectively, the “TerraceCommon Terrace Area”)) shall become non-exclusive effective as of February 1, which Terrace shall, for purposes of this Lease, be deemed part of the Common Areas. Tenant shall be permitted to make Alterations (as that term is defined in Article 8 below) to the Terrace2024, subject to the terms of Article 8 below, and in no event shall such Alterations constitute “Cosmetic Alterations” (as that term is defined therein). In addition, Tenant shall be permitted to install and place furniture, fixtures, plants, graphics, signs or insignias or other similar items (collectively, “Terrace FF&E”) on the Terrace, subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayedthereof; provided, however, it shall be deemed reasonable for Landlord to withhold its consent to any Terrace FF&E if the same is not consistent with the nature and quality of such items in Comparable Buildings (as that term is defined in Exhibit F attached hereto) and Landlord shall have the right to remove any Terrace FF&E that is not maintained in a manner consistent with the nature and quality of such items in Comparable Buildings. Landlord shall have the right to temporarily close the Terrace or limit access thereto from time to time in connection with Landlord’s maintenance or repair of the Terrace or Building. Landlord and Tenant acknowledge and agree that Tenant shall be solely responsible for supervising and controlling access notwithstanding anything to the Terrace. So contrary provided in the Existing Lease, (i) so long as Tenant continues to lease is leasing the entire first (1st) floor (i.e., Suite 200) of Building A and leasing at least fifty percent (50%) of the rentable square footage Building A Premises, Tenant shall retain exclusive use of patio area adjacent to Building A shown and labeled as the "Box Exclusive Patio Use" in Exhibit B attached hereto (the “Tenant Patio Area”), and (ii) the new tenant(s) for the Give-Back Space (collectively, the “New Tenant”) shall be entitled to exclusive use of patios adjacent to Building B shown and labeled as the "Xxxxx Xxxx Exclusive Patio Use" in Exhibit B attached hereto (the “New Tenant Patio Area”, and the Tenant Patio Area and the New Tenant Patio Area, collectively, the “Exclusive Outdoor Patios”). Landlord shall, at its cost, establish a visible demarcation separating the Common Terrace Area and each of the BuildingExclusive Outdoor Patios (i.e., together separation with a portion planters, plants, etc.), subject to Tenant’s written approval of same, which approval shall not be unreasonably withheld, subject to openings for an emergency exit path of travel as may be required by Applicable Laws. Tenant shall not obstruct the second path of travel for emergency exiting through the Tenant's Exclusive Outdoor Patio in violation of Applicable Laws. Landlord shall, as part of Operating Expenses, be responsible for landscaping the Terrace (2nd) floor of including the Building providing Exclusive Outdoor Patios, but excluding Tenant's vegetable and fruit garden, which Tenant access shall be responsible to maintain at its sole cost and expense so long as the same exists). Notwithstanding anything to the Terracecontrary in the Lease, then Tenant, the New Tenant and Landlord shall continue have the right to have schedule temporary exclusive use of the Terrace. At any time that Common Terrace Area (excluding the Exclusive Outdoor Patios), on a first-come, first serve basis (provided Tenant is no longer directly leasing from Landlord at least fifty percent (50%) of the rentable square footage of the Building and/or no longer leasing a portion of the second (2nd) floor of the Building providing Tenant access to the Terrace, then (i) Tenant’s use shall be non-exclusive and given priority in common with Landlord and other tenants the event of conflicting reservation requests made on the Buildingsame day), it being acknowledged that, (iiA) the New Tenant shall be entitled to reserve the Common Terrace Area for exclusive temporary events for twelve (12) days per calendar year (but within such twelve (12) event allocation, New Tenant may not host more than one (1) event per month), and (B) Tenant shall not be permitted to make any Alterations or install any Terrace FF&E on the Terrace, entitled (without Landlord’s prior 's consent, and but with notice to Landlord as provided herein) to reserve the Common Terrace Area for exclusive temporary events for fifteen (iii15) at Landlord’s requestdays per calendar year (but within such fifteen (15) event allocation, TenantTenant may not host more than two (2) events per month), at Tenant’s sole cost and expenseprovided that if Tenant desires to host more than fifteen (15) events as allocated to Tenant as described above, the same shall be responsible for removing any previously installed Alterations subject to Landlord's reasonable consent and the New Tenant's consent in the New Tenant's sole and absolute discretion (unless at provided Landlord shall use commercially reasonable efforts to obtain such consent from the time such Alterations were made Landlord expressly agreed, New Tenant). As part of Landlord's Event Use Rights (as defined in writing, that removal would not be required) and Terrace FF&E, and repairing any damage caused by such removal; provided, however, that should Tenant thereafter once again lease fifty percent (50%) or more Section 1.5 of the rentable square footage of the Building and a portion of the second (2ndOffice Lease) floor of the Building providing Tenant access with respect to the TerraceCommon Terrace Area, then Tenant’s Landlord shall have the right to schedule temporary exclusive use of the Common Terrace Area for events hosted by or on behalf of Landlord. Notwithstanding anything to the contrary in the Lease, Tenant shall be restored, otherwise subject entitled to maintain the existing vegetable and fruit garden in the Tenant's Exclusive Outdoor Patio and shall be entitled to relocate the beehive from the roof to the terms of this Section 1.1.3 above.Tenant's Exclusive Outdoor Patio and maintain the beehive in the Exclusive Outdoor Patio, so long as the same meets first class standards consistent with the Project and other Comparable 4863-1545-4581.10373382.00003/11-17-23/spm -6- CROSSING/900Sixth Amendment to Office Lease[Box, Inc.]