Common use of Preparation for Occupancy Clause in Contracts

Preparation for Occupancy. The Third New Demised Premises shall be altered or initially prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, as agreed to by the parties hereinafter and to be set forth in a writing signed by the parties on the date the plans are made final as provided in paragraph 12 hereinabove. Said writing shall be annexed hereto as Exhibit "H". The facilities, materials and work so to be furnished, installed and performed in the Third New Demised Premises by Owner at its expense are hereinafter and in Exhibit "H" to be attached hereto, referred to as "Owner's Work". Such other installations, materials and work which may be undertaken by or for the account of Tenant to equip, decorate and furnish the Third New Demised Premises for Tenant's occupancy, commonly called "finishing trades work", are hereinafter and in Exhibit "H" called "Tenant's Work". Owner shall afford Tenant and its employees, agents and contractors access to the Third New Demised Premises, at reasonable times and at Tenant's sole risk and expense, for the purposes of inspecting and verifying the performance of Owner's Work and of making preparations for and performing or inspecting and verifying the performance of Tenant's Work. If and to the extent that Tenant's Work is not performed by Owner for Tenant's account, Tenant and its contractors shall be entitled to such rights, privileges and immunities, and shall be subject to such obligations, restrictions and reservations, with respect to the performance of Tenant's Work as may be provided in Exhibit "H" with respect thereto. To the extent that the Owner's Work is substantially completed after August 1, 2003, all rights and remedies of both parties hereunder shall be suspended and all dates shall be amended herein to reflect a full five (5) years from the date of substantial completion and delivery of possession of the Third New Demised Premises if later than August 1, 2003. Owner shall perform the Owner's Work in accordance with Exhibit "H", provided, however, that Owner shall have the right to make any changes required by any governmental department or bureau having jurisdiction of the Third New Demised Premises. Said work shall be performed by Owner only once, it being understood that Owner's obligation to perform the work is a single non-recurring obligation.

Preparation for Occupancy. The Third Second New Demised Premises shall be altered or initially prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, as agreed to by the parties hereinafter and to be set forth in a writing signed by the parties on the date the plans are made final as provided in paragraph 12 hereinabove. Said writing shall be annexed hereto as Exhibit "HF". The facilities, materials and work so to be furnished, installed and performed in the Third Second New Demised Premises by Owner at its expense are hereinafter and in Exhibit "HF" to be attached hereto, referred to as "Owner's Work". Such other installations, materials and work which may be undertaken by or for the account of Tenant to equip, decorate and furnish the Third Second New Demised Premises for Tenant's occupancy, commonly called "finishing trades work", are hereinafter and in Exhibit "HF" called "Tenant's Work". Owner shall afford Tenant and its employees, agents and contractors access to the Third Second New Demised Premises, at reasonable times and at Tenant's sole risk and expense, for the purposes of inspecting and verifying the performance of Owner's Work and of making preparations for and performing or inspecting and verifying the performance of Tenant's Work. If and to the extent that Tenant's Work is not performed by Owner for Tenant's account, Tenant and its contractors shall be entitled to such rights, privileges and immunities, and shall be subject to such obligations, restrictions and reservations, with respect to the performance of Tenant's Work as may be provided in Exhibit "HF" with respect thereto. To the extent that the Owner's Work is substantially completed after August June 1, 2003, all rights and remedies of both parties hereunder shall be suspended and all dates shall be amended herein to reflect a full five (5) years from the date of substantial completion and delivery of possession of the Third Second New Demised Premises if later than August June 1, 2003. Owner shall perform the Owner's Work in accordance with Exhibit "HF", provided, however, that Owner shall have the right to make any changes required by any governmental department or bureau having jurisdiction of the Third Second New Demised Premises. Said work shall be performed by Owner only once, it being understood that Owner's obligation to perform the work is a single non-recurring obligation.

Preparation for Occupancy. The Third New Demised Premises shall be altered or initially prepared for Tenant's ------------------------- occupancy by Tenant in accordance with plans and specifications obtained by Tenant (the manner"Plans"), and such Plans shall include the addition of a loading dock to the Building. The Plans shall be subject to the termsreview and approval of Landlord, conditions and covenants, shall be attached hereto and made a part hereof as agreed to Exhibit D upon --------- such approval by the parties hereinafter and Landlord. The upfit to be set forth in a writing signed performed by Tenant pursuant to the parties on the date the plans are made final as provided in paragraph 12 hereinabove. Said writing Plans shall be annexed hereto as Exhibit "H". The facilities, materials and work so to be furnished, installed and performed in the Third New Demised Premises by Owner at its expense are hereinafter and in Exhibit "H" to be attached hereto, referred to as "Owner's Work". Such other installations, materials and work which may be undertaken by or for the account of Tenant to equip, decorate and furnish the Third New Demised Premises for Tenant's occupancy, commonly called "finishing trades work", are hereinafter and in Exhibit "H" called "Tenant's Work". Owner Tenant shall afford Tenant act to insure that the upfit of the Premises is commenced promptly and its employees, agents and contractors access to completed no more than one hundred twenty (120) days after the Third New Demised Premises, at reasonable times and Commencement Date (the "Completion Date"). The parties agree that all of Tenant's Work shall be performed at Tenant's sole risk cost and expense, for the purposes of inspecting and verifying the performance of Owner's Work and of making preparations for and performing or inspecting and verifying the performance of Tenant's Work. If and to the extent that Tenant's Work is not performed by Owner for Tenant's account, Tenant and its contractors shall be entitled to such rights, privileges and immunities, and shall be subject to such obligations, restrictions and reservations, with respect to the performance of Tenant's Work as may be provided in Exhibit "H" with respect thereto. To the extent that the Owner's Work is substantially completed after August 1, 2003, all rights and remedies of both parties hereunder shall be suspended and all dates shall be amended herein to reflect a full five (5) years from the date of substantial completion and delivery of possession of the Third New Demised Premises if later than August 1, 2003. Owner shall perform the Owner's Work in accordance with Exhibit "H", ; provided, however, that Owner Landlord shall loan to Tenant (the "Loan") an amount not to exceed Ninety-one Thousand Four Hundred Eighty-one and No/100 ($91,481.00) for the sole purpose of paying for the work contemplated by the Plans. The Loan shall be added to the current outstanding principal amount of all other indebtedness of Tenant to Landlord (currently, $22,630.30) and the aggregate amount thereof shall be evidenced by a promissory note (the "Note") from Tenant to Landlord in the form of Exhibit E attached --------- hereto and made a part hereof. Tenant shall repay the Loan in accordance with the terms of the Note, and payments under the Note shall be deemed Additional Rent (as defined in Article 5(b)). Landlord shall have the right to make any changes approve the general contractor selected by Tenant for the performance of the work contemplated by the Plans, which approval shall not be unreasonably withheld. Tenant's Work shall be completed in a good and workmanlike manner and in compliance with federal, state, and local laws, and shall include obtaining a certificate of occupancy or other form of authorization, if required by any governmental department law, issued by the appropriate government or bureau having jurisdiction of agency thereof, stating that the Third New Demised Premises. Said work shall Premises may lawfully be performed occupied for the use permitted by Owner only once, it being understood that Owner's obligation to perform the work is a single non-recurring obligationthis Lease.

Preparation for Occupancy. The Third New Demised (a) Landlord's Work. Prior to the Commencement Date, Landlord shall deliver the Premises shall be altered in a "as is', "where is" condition except for Landlord's Pre-Commencement Work as described in Exhibit B attached hereto ("Landlord's Pre-Commencement Work"). Subject to delays due to governmental regulation, unusual scarcity of or initially prepared for inability to obtain labor or materials, labor difficulties, casualty, weather, or other causes reasonably beyond Landlord's control or attributable to Tenant's occupancy action or inaction, Landlord shall use reasonable speed and diligence in the mannerconstruction of the work to be undertaken by Landlord in the Premises, and subject shall use diligent efforts to deliver the Premises to Tenant within four (4) weeks after Landlord has obtained approval from the City of Waltham to undertake Landlord's Pre-Commencement Work. Subject to the termsdelays specified in the preceding sentence, conditions Landlord shall, at its own cost and covenantsexpense, as agreed use reasonable speed and diligence to by complete the parties hereinafter work described in Exhibit B within six (6) months following the Commencement Date. ("Landlord's Post Commencement Date Work"). Landlord's failure to complete Landlord's Pre-Commencement Work and/or Landlord's Post Commencement Date Work within the time periods specified herein, for any reason, shall not give rise to any liability of Landlord hereunder, except for gross negligence or wilful misconduct, shall not constitute a Landlord's default, shall not affect the validity of this Lease, and to be set forth in a writing signed by the parties shall have no effect on the date beginning or end of the plans are made final Term as provided in paragraph 12 hereinaboveotherwise determined hereunder or on Tenant's obligations associated therewith. Said writing (Landlord's Pre-Commencement Work and Landlord's Post Commencement Date Work shall hereinafter sometimes collectively be annexed hereto as Exhibit "H". The facilities, materials and work so to be furnished, installed and performed in the Third New Demised Premises by Owner at its expense are hereinafter and in Exhibit "H" to be attached hereto, referred to as "OwnerLandlord's Work.". Such other installations, materials and ) Landlord's Post Commencement Date Work shall be treated as having been substantially completed on the date on which the work which may be undertaken by or for the account of Tenant to equip, decorate and furnish the Third New Demised Premises for Tenant's occupancy, commonly called "finishing trades work", are hereinafter and described in Exhibit "HB" called "has been substantially completed except for minor items of construction work and minor mechanical adjustments of equipment and fixtures which can be completed after occupancy has been taken without causing material interference with Tenant's Workuse and occupancy of the Premises ("Punch List Items"). Owner Landlord shall afford Tenant and its employees, agents and contractors access to the Third New Demised Premises, at reasonable times and at Tenant's sole risk and expense, for the purposes of inspecting and verifying the performance of Owner's Work and of making preparations for and performing or inspecting and verifying the performance of Tenant's Work. If and to the extent that Tenant's Work is not performed by Owner for Tenant's account, Tenant and its contractors shall be entitled to such rights, privileges and immunitiescomplete as soon as conditions practically permit all Punch List Items, and Tenant shall be subject to such obligations, restrictions and reservations, cooperate with respect to the performance of Tenant's Work Landlord in providing access as may be provided required to complete such work in Exhibit "H" with respect theretoa normal manner. To Landlord shall permit Tenant access for installing Tenant's fixtures, communications systems, computer equipment and appurtenances, and other equipment in portions of the extent that the Owner's Work is substantially completed after August 1, 2003, all rights and remedies of both parties hereunder shall be suspended and all dates shall be amended herein Premises prior to reflect a full five (5) years from the date of substantial completion when it can be done without material interference with remaining work and delivery with the maintenance of possession of the Third New Demised Premises if later than August 1, 2003. Owner shall perform the Owner's Work in accordance with Exhibit "H", provided, however, that Owner shall have the right to make any changes required by any governmental department or bureau having jurisdiction of the Third New Demised Premises. Said work shall be performed by Owner only once, it being understood that Owner's obligation to perform the work is a single non-recurring obligationharmonious labor relations.