Common use of Applicable Law and Construction; Merger; Jury Trial Clause in Contracts

Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 4 contracts

Samples: Termination Agreement (ConforMIS Inc), Termination Agreement (ConforMIS Inc), Lease (ConforMIS Inc)

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Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 3 contracts

Samples: Office Lease (Trine Acquisition Corp.), Lemaitre Vascular Inc, Lemaitre Vascular Inc

Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other such party regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 2 contracts

Samples: Office Lease (Avedro Inc), Office Lease (Avedro Inc)

Applicable Law and Construction; Merger; Jury Trial. This Lease may be executed in counterpart copies, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this LeaseLease and that certain Purchase and Sale Agreement dated as of November 8, 2013 between Landlord and Palomar Medical Technologies, LLC. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Cynosure Inc)

Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s 's agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The headings and titles of the several Articles and Sections contained herein are for convenience and reference only and shall not in no way be considered held to define, limit, amplify or describe or aid in construing the interpretation or construction of any provisions of this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected ​ ​ with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Office Lease (Desktop Metal, Inc.)

Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or TenantXxxxxx’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Lease (Desktop Metal, Inc.)

Applicable Law and Construction; Merger; Jury Trial. This Lease may be executed in counterpart copies, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. [Signatures appear on the following page] WITNESS the execution hereof under seal on the day and year first above written: Landlord: NETVIEW 1,2,3,4 & 9 LLC, a Delaware limited liability company By: NetView Investments LLC, a Delaware limited liability company, its Manager By: NetView Holdings LLC, a Massachusetts limited liability company, its Manager By: Nordbloom Development Company, Inc., a Massachusetts corporation, its Manager By: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Xx Xxxxxxxxx Tenant: CONFORMISAVID TECHNOLOGY, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO Xxx Xxxxxx By: Xxx Xxxxxx Its: Executive Vice President, Chief Financial Officer and Chief Administrative Officer EXHIBIT A PLAN SHOWING THE PREMISES (Graphics Omitted) EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK THE PARK (Graphics Omitted) EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord COMMENCEMENT DATE AGREEMENT Pursuant to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt Section of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars Lease dated ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated between (“Landlord”) and (“Tenant”) in the building known as in , by Massachusetts, Landlord and between , as Landlord, Tenant hereby acknowledge and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONSagree that:

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

Applicable Law and Construction; Merger; Jury Trial. This Lease may be executed in counterpart copies each of which shall be deemed an original, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s 's agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Office Lease (Dyax Corp)

Applicable Law and Construction; Merger; Jury Trial. This Lease may be executed in counterpart copies, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Rooftop Area Plan (Vericel Corp)

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Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Office Lease (Capstone Dental Pubco, Inc.)

Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s 's agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Office Lease (Lemaitre Vascular Inc)

Applicable Law and Construction; Merger; Jury Trial. This Lease may be executed in counterpart copies, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. [Signatures appear on the following page.] WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx Xxxxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx Xxxx Xxxxxxxx As Trustee, but not individually TenantTENANT: CONFORMISAVID TECHNOLOGY, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO Xxx Xxxxxx By: Xxx Xxxxxx Its: Executive Vice President, Chief Financial Officer and Chief Administrative Officer EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK (Graphic Omitted) EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord COMMENCEMENT DATE AGREEMENT Pursuant to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt Section of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars Lease dated ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated between (“Landlord”) and (“Tenant”) in the building known as in , by Massachusetts, Landlord and between , as Landlord, Tenant hereby acknowledge and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONSagree that:

Appears in 1 contract

Samples: Commencement Date Agreement (Avid Technology, Inc.)

Applicable Law and Construction; Merger; Jury Trial. This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The headings and titles of the several Articles and Sections contained herein are for convenience are referenced only and shall not in no way be considered held to define, limit, amplify or describe or aid in construing the interpretation or construction of any provisions of this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party Landlord regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or TenantXxxxxx’s use or occupancy of the Premises. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Tenant: CONFORMIS, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO EXHIBIT A PLAN SHOWING THE PREMISES EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated , by and between , as Landlord, and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONS

Appears in 1 contract

Samples: Lantheus Holdings, Inc.

Applicable Law and Construction; Merger; Jury Trial. This Lease may be executed in counterpart copies, and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease shall not be affected thereby. This Lease and the Exhibits attached hereto and forming a part hereof constitute all the covenants, promises, agreements, and understandings between Landlord and Tenant concerning the Premises and the Building and there are no covenants, promises, agreements or understandings, either oral or written, between them other than as are set forth in this Lease. Neither Landlord nor Landlord’s agents shall be bound to any representations with respect to the Premises, the Building or the Property except as herein expressly set forth, and all representations, either oral or written, shall be deemed to be merged into this Lease. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Each of Landlord and Tenant shall and does hereby waive trial by jury in any action, proceeding, or claim brought by or against the other party regarding any matter arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant’s use or occupancy of the Premises. The titles of the several Articles and Sections contained herein are for convenience only and shall not be considered in construing this Lease. Unless repugnant to the context, the words “Landlord” and “Tenant” appearing in this Lease shall be construed to mean those named above and their respective heirs, executors, administrators, successors and assigns, and those claiming through or under them respectively. If there be more than one person or entity named as tenant, the obligations imposed by this Lease upon Tenant shall be joint and several. WITNESS the execution hereof under seal on the day and year first above written: Landlord: NETVIEW 5 AND 6 LLC, a Delaware limited liability company By: NetView Investments LLC, a Delaware limited liability company, its Manager By: NetView Holdings LLC, a Massachusetts limited liability company, its Manager By: Nordbloom Development Company, Inc., a Massachusetts corporation, its Manager By: /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually /s/ Xxxxx X. Xxxxxxx As Trustee, but not individually Xx Xxxxxxxxx Tenant: CONFORMISAVID TECHNOLOGY, INC. /s/ Xxxxxxx Xxxx Xxxxxxx Xxxx CEO Xxx Xxxxxx By: Xxx Xxxxxx Its: Executive Vice President, Chief Financial Officer and Chief Administrative Officer EXHIBIT A PLAN SHOWING THE PREMISES (Graphics Omitted) EXHIBIT A-1 PLAN SHOWING LANDLORD’S WORK THE PARK (Graphic Omitted) EXHIBIT B WORK CHANGE ORDER FORM Lease Date: Date: Landlord: Work Change Order No.: Tenant: Building Address: Premises: Tenant directs Landlord COMMENCEMENT DATE AGREEMENT Pursuant to make the following additions to Landlord’s work: Description of additional work: Work Change Order Amount: Amount of Previous Work Change Orders: This Work Change Order: Total Amount of Work Change Orders : Landlord approves this Work Change Order and Tenant agrees to pay to Landlord the Total Amount of Work Change Orders at the earlier of ten days following receipt Section of the Certificate of Occupancy of the premises or occupancy of the premises by Tenant. Tenant: Landlord: By: By: Title: Title: EXHIBIT C FORM OF LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. ISSUANCE DATE: BENEFICIARY: ISSUING BANK: APPLICANT: MAXIMUM/AGGREGATE CREDIT AMOUNT: USD $ EXPIRATION: LADIES AND GENTLEMEN: We hereby establish our irrevocable letter of credit in your favor for account of the Applicant up to an aggregate amount not to exceed US Dollars Lease dated ($ ) available by your draft(s) drawn on ourselves at sight accompanied by: The original Letter of Credit and all amendment(s), if any. Your statement, purportedly signed by an authorized officer or signatory of the Beneficiary certifying that the Beneficiary is entitled to draw upon this Letter of Credit (in the amount of the draft submitted herewith) pursuant to Section 4.4 of the lease (the “Lease”) dated between (“Landlord”) and (“Tenant”) in the building known as in , by Massachusetts, Landlord and between , as Landlord, Tenant hereby acknowledge and , as Tenant, relating to the premises at . Draft(s) must indicate name and issuing bank and credit number and must be presented at this office. Drawings may also be presented via facsimile transmission at facsimile number [ ]. You shall have the right to make multiple and partial draws against this Letter of Credit, from time to time. This Letter of Credit is transferrable by Beneficiary from time to time in accordance with the provisions of Section 4.4 of the Lease. This Letter of Credit shall expire at our office on , (the “Stated Expiration Date”). It is a condition of this Letter of Credit that the Stated Expiration Date shall be deemed automatically extended without amendment for successive one (1) year periods from such Stated Expiration Date, unless at least forty-five (45) days prior to such Stated Expiration Date) or any anniversary thereof) we shall notify the Beneficiary and the Applicant in writing by certified mail (return receipt) that we elect not to consider this Letter of Credit extended for any such additional one (1) year period. We engage with you that all drafts drawn under and in compliance with the terms of this letter of credit will be duly honored within two (2) business days after presentation to us as described above. Except as otherwise expressly stated herein, this Letter of Credit is subject to the “International Standby Practice 1998 ICC Publication 590 (ISP98).” Very truly yours. Authorized Signatory EXHIBIT D RULES AND REGULATIONSagree that:

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

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