Common use of Fitness Center Clause in Contracts

Fitness Center. Tenant and its employees, contractors and consultants shall have access to and the right to use the fitness center (the “FITNESS CENTER”) located in the Project so long as it is operational provided such parties shall be responsible for payment of all charges customarily charged by Landlord for the use of the fitness center (currently $25.00 per month). The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants shall be subject to compliance with the other provisions of this SECTION 1.3. Landlord shall have the right to require that Tenant’s employees sign customary waivers of claims and comply with all safety and other procedures applicable to use of the fitness center. Notwithstanding any other provision herein to the contrary, Landlord reserves the right, upon written notice to Tenant, (a) to retain a third party operator to operate the Fitness Center, (b) to lease the Fitness Center to a third party who agrees to operate a fitness facility which shall be available to tenants of the Project and their employees upon payment of standard charges, and/or (c) to provide a Fitness Center which is unattended, and does not provide amenities such as towels, provided, however, in any such case, Landlord shall provide for the right of Tenant to rent, or otherwise use, the Fitness Center on substantially the same basis as set forth in this Lease. Landlord shall use commercially reasonable efforts to continue to make a fitness facility of substantially similar quality as in existence as of the date of this Lease available at the Project during the Term, provided, however, such facility need not be attended nor provide amenities such as towels. Landlord shall have the right to terminate Tenant’s use of the Fitness Center upon ten (10) days prior written notice to Tenant if the Fitness Center is closed.

Fitness Center. Tenant and its employees, contractors and consultants shall have access to and the right to use the fitness center (the “"FITNESS CENTER”") located in the Project so long as it is operational provided such parties shall be responsible for payment of all charges customarily charged by Landlord for the use of the fitness center (currently $25.00 per month). The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants shall be subject to compliance with the other provisions of this SECTION 1.3. Landlord shall have the right to require that Tenant’s 's employees sign customary waivers of claims and comply with all safety and other procedures applicable to use of the fitness center. Notwithstanding any other provision herein to the contrary, Landlord reserves the right, upon written notice to Tenant, (a) to retain a third party operator to operate the Fitness Center, (b) to lease the Fitness Center to a third party who agrees to operate a fitness facility which shall be available to tenants of the Project and their employees upon payment of standard charges, and/or (c) to provide a Fitness Center which is unattended, and does not provide amenities such as towels, provided, however, in any such case, Landlord shall provide for the right of Tenant to rent, or otherwise use, the Fitness Center on substantially the same basis as set forth in this Lease. Landlord shall use commercially reasonable efforts to continue to make a fitness facility of substantially similar quality as in existence as of the date of this Lease available at the Project during the Term, provided, however, such facility need not be attended nor provide amenities such as towels. Landlord shall have the right to terminate Tenant’s 's use of the Fitness Center upon ten (10) days prior written notice to Tenant if the Fitness Center is closed.

Fitness Center. Tenant and its employees, contractors and consultants shall have access to and the right to use the fitness center (the “FITNESS CENTER”) center, locker room, and showers located in the Project so long as it is operational Building (the "Fitness Center") provided such parties shall be responsible for payment of all charges customarily charged by Landlord for the use of the fitness center (currently $25.00 per month). The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants shall be subject to compliance with the other provisions of this SECTION 1.3Fitness Center. Landlord shall have the right to require that Tenant’s employees users of the Fitness Center sign customary waivers of claims and comply with all safety and other procedures applicable to use of the fitness centerFitness Center. Notwithstanding any other provision herein to the contrary, Landlord reserves the right, upon written notice to Tenant, right (ai) to retain a third party operator to operate the Fitness Center, (bii) to lease the Fitness Center to a third party who agrees to operate a fitness facility which shall be available to tenants of the Project (including the Tenant) and their employees upon payment of standard charges, and/or (ciii) to provide a Fitness Center which is unattended, and does not provide amenities such as towels, provided, however, in any such case, Landlord shall provide for the right of Tenant to rent, or otherwise use, the Fitness Center on substantially the same basis as set forth in this Lease. Landlord shall use commercially reasonable efforts to continue to make a fitness facility of substantially similar quality as in existence as of the date of this Lease Rent Commencement Date available at the Project during the Term, provided, however, such facility need not be attended nor provide amenities such as towels, and may be relocated to other space in the Project, as reasonably determined by Landlord with input from the tenants of the Building. Landlord shall have the right and option, in its sole discretion, to terminate Tenant’s use of the Fitness Center upon ten thirty (1030) days prior written notice to Tenant if the Fitness Center is closed.

Fitness Center. Tenant and its employees, contractors and consultants shall have access to and the right to use the fitness center (the “"FITNESS CENTER”") located in the Project so long as it is operational provided such parties shall be responsible for payment of all charges customarily charged by Landlord to tenants of the Project for the use of the fitness center (currently $25.00 per month). The use of such facilities by Tenant and/or its employees, contractors, visitors and consultants shall be subject to compliance with the other provisions of this SECTION 1.31.4. Landlord shall have the right to require that Tenant’s 's employees sign customary waivers of claims and comply with all reasonable safety and other procedures applicable to use of the fitness centerFitness Center. Notwithstanding any other provision herein to the contrary, Landlord reserves the right, upon written notice to Tenant, (a) to retain a third party operator to operate the Fitness Center, (b) to lease the Fitness Center to a third party who agrees to operate a fitness facility which shall be available to tenants of the Project and their employees upon payment of standard charges, and/or (c) to provide a Fitness Center which is unattended, and does not provide amenities such as towels, provided, however, in any such case, Landlord shall provide for the right of Tenant to rent, or otherwise use, the Fitness Center on substantially the same basis as set forth in this Lease. Landlord shall use commercially reasonable efforts Subject to continue to make a fitness facility of substantially similar quality as in existence as of the date last sentence of this Lease available at the Project during the TermSection 1.4.3, provided, however, such facility need not be attended nor provide amenities such as towels. Landlord shall have the right to terminate Tenant’s 's use of the Fitness Center upon ten (10) days prior written notice to Tenant if the Fitness Center is closed. Landlord shall continue to provide a fitness facility at the Project during the Term of the Lease (which facility need not be attended nor provide amenities such as towels) so long as there are at least 500 employees working in Buildings 1, 2 and 3, and Landlord shall use commercially reasonable efforts to continue to make a fitness facility available at the Project during the Term of the Lease (which facility need not be attended nor provide amenities such as towels) so long as CYTYC has at least 400 employees working in Building 3 (even if there are fewer than 500 employees working in Buildings 1, 2 and 3).