Common use of Roof Deck Clause in Contracts

Roof Deck. (A) If the Office Tower Owner constructs the Office Tower, then Landlord or Office Tower Owner shall construct, at no cost to Tenant, a roof deck on the Podium Building for the non-exclusive use of Tenant and other tenants of the Office Tower and the Podium Building. Tenant shall not be obligated to pay rent for use of any such roof deck, but Tenant’s use of the roof deck shall be subject to such reasonable terms and conditions as may be specified by Landlord. If requested by Landlord, Tenant shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms and conditions. (B) If construction of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Date, then Tenant shall have the option (the “Rooftop Option”) to construct, at Tenant’s sole cost and expense, a roof deck on the Podium Building, not to exceed 2,000 square feet in size (provided that the Roof Deck may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for Tenant’s exclusive use (the “Roof Deck”); provided, however, that any such construction of the Roof Deck must be performed by the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or in connection with the Roof Deck, all of which shall be subject to the terms of Article IX of this Lease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction of the Roof Deck and all alterations and improvements that are required in connection with the Roof Deck (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iii) Tenant’s means of access to the Roof Deck and Tenant’s use and operation of the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlord. Without limitation, the Roof Deck Amendment shall provide that (a) the Roof Deck shall be considered a part of the Premises for all purposes under this Lease (although Tenant shall not be obligated to pay any rent for the Roof Deck), (b) the design, construction, use and operation of the Roof Deck shall be at no cost or liability to Landlord, (c) Tenant shall be responsible for all costs of maintenance, repair and cleaning of the Roof Deck, (d) Tenant shall, at its sole cost and expense, remove the Roof Deck and all related alterations and improvements, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval of Landlord and Tenant. Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenant. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INC., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Lease Agreement (Rapid7, Inc.)

Roof Deck. (Aa) If As part of the Office Tower Owner constructs lease of the Office TowerPremises, Tenant shall have the exclusive right to use the back half of the outdoor roof deck/terrace space adjacent to and accessed from those portions of the Premises then Landlord or Office Tower Owner shall construct, at no cost to Tenant, a roof deck occupied by Tenant located on the Podium Building for seventh (7th) floors of the non-exclusive use Premises and shown on Exhibit 2 (the “Roof Deck”), subject to the terms and conditions of Tenant this Section 2.4 and other tenants applicable terms and conditions of this Lease. The remaining portions of the Office Tower and roof shall be part of the Podium Common Areas of the Building. Tenant The Roof Deck shall not be obligated to pay rent for use partitioned from the Common Areas as part of any such roof deck, but Landlord’s Work. Tenant’s use of the roof deck Roof Deck shall in no event be used for a smoking area or other noxious or prohibited uses. As part of Landlord’s Work, the Roof Deck shall be delivered to Tenant as reflected on the Landlord/Tenant Matrix and the Base Building Plans (as those terms are defined below). All other alterations and installations to the Roof Deck including planters, irrigation systems, lighting, permanent tables seating and/or other furniture, fixtures, plantings, finishes, and personal property to be installed and used in connection with Tenant’s use of the Roof Deck shall be installed, maintained and operated at Tenant’s sole cost (other than to the extent that the Improvement Allowance may be applied thereto) and shall be subject to such reasonable terms and conditions the approval of Landlord, which approval standard shall be the standard applicable to Alterations as may set forth in Article 12. Any installations on and/or maintenance of the Roof Deck by or on behalf of Tenant relating to structural work, roof coverings or decking (e.g., membranes), roof penetrations shall be specified performed solely by Landlord. If requested contractors approved by Landlord, in its reasonable discretion, and Landlord may require Tenant shall enter into an amendment to this Lease or any other written agreement specified use a roofing contractor selected by Landlord setting forth to perform any work that could damage, penetrate or alter the roof coverings or systems and an electrician selected by Landlord to install any associated piping, conduit, wiring, cabling, equipment on the roof, provided that the fees charged by such reasonable terms and conditionscontractors in connection therewith shall be consistent with those charged directly to Landlord. (Bb) If construction Without limiting other applicable provisions thereto: (i) Tenant also shall be responsible, at the Tenant’s cost and expense, for furnishing, maintaining and replacing any and all tables, furniture, fixtures, plantings and personal property used in connection with the Tenant’s use of the Office Tower has Roof Deck and for stacking, removing, or otherwise securing the same during periods of extraordinary weather and during such times as not commenced in seasonal use, and Landlord shall have no responsibility or liability therefor, or for any damage, vandalism, theft, or the like with respect thereof; (ii) Tenant’s use of the Roof Deck shall be conducted in compliance with all applicable Legal Requirements (as defined below) relating thereto; (iii) Tenant and its employees shall abide by, the Rules and Regulations (as defined in Section 17.1, below), provided that in the case of any conflict between the express provisions of this Lease and any such Rules and Regulations, the express provisions of this Lease shall control; and (iv) notwithstanding the exterior location of the Roof Deck, all provisions of this Lease applicable to the Premises shall be applicable to the Roof Deck (including the payment of Rent as set forth in this Lease) and the Roof Deck shall for all purposes hereunder be included and considered to be within the Premises, including Tenant’s insurance and indemnity obligations. No smoking or open flame (except as expressly set forth herein) shall be permitted on Roof Deck, nor shall the walls, floors or railing systems thereof be painted or modified by the third Tenant without the prior written approval of Landlord (3rdsubject to the approval standard for Alterations set forth in Article 12 below); provided Tenant may install and operate on the Roof Deck commercially-installed commercial outdoor fire pit(s) anniversary of the Commencement Dateand commercial outdoor space heaters in strict compliance with all applicable Legal Requirements and connection with such Landlord-approved plans therefor, then Tenant including fuel source(s) and storage. Landlord shall have the option right to access the Roof Deck from time to time for purposes allowed under this Lease including the obligation to perform repair and maintenances to the Building, to erect equipment thereon for its use, in a manner so as to not materially reduce the floor area thereof, and Landlord shall repair any damage to the Roof Deck and/or to Tenant’s furniture, fixtures and equipment located thereon (subject to Articles 15 and 19) caused by such maintenance and repair at no cost or expense to Tenant except to the extent such costs are properly includable in Operating Costs as and to the extent provided in Article 9 below. Tenant acknowledges that Landlord may decide, in its reasonable discretion, from time to time, to repair or replace the roof (hereinafter Rooftop OptionRoof Repairs). Landlord shall give Tenant reasonable advance written notice of any Roof Repairs and shall use commercially reasonable efforts to refrain from scheduling any such Roof Repairs which are expected to take more three (3) business days during the summer months (other than in connection with emergency, acute or other critically needed repairs). Tenant is encouraged to constructdesign, install and maintain the Roof Deck furniture, fixtures and equipment in a manner that allows for the efficient removal thereof and Landlord shall reasonably cooperate with Tenant to accomplish this during the review and approval of Tenant’s plans therefor. To the extent such furniture, fixtures and equipment must be removed to conduct Roof Repairs, Tenant shall, upon Landlord's request and reasonable notice and at Tenant’s sole cost and expense, a roof deck on the Podium Building, not to exceed 2,000 square feet in size (provided temporarily relocate same so that the Roof Deck Repairs may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for Tenant’s exclusive use (the “Roof Deck”)completed; provided, however, that except in the event of an emergency, if Landlord elects to make any such construction Roof Repairs between (and including) May 1st and September 30th of any calendar year, at Landlord’s option either (i) Landlord shall relocate, store and place back on the Roof Deck any of Tenant’s furniture, fixtures and equipment so required to be removed, at Landlord’s sole cost and expense, or (ii) Tenant shall relocate, arrange for storage and place back on the Roof Deck any of Tenant’s furniture, fixtures and equipment so required to be removed and Landlord shall reimburse Tenant its reasonable out-of-pocket costs thereof within thirty (30) days after Landlord’s receipt of a reasonably detailed invoice therefor. Such Roof Repairs may require the temporary suspension of the Roof Deck must be performed by access during the same contractors and subcontractors used by period of Roof Repairs. Landlord shall use commercially reasonable efforts in connection with such temporary suspension in order to construct minimize or mitigate the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable effect thereof, to the roof extent reasonably practical, including proceeding to complete such Roof Repairs diligently once they are commenced. Landlord, upon reasonable notice (except in the case of emergency, Building maintenance and repair and the Podium Building. Tenant may not exercise like) shall have the Rooftop Option if Tenant is in default under this Lease beyond right to require that any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Optionall tables, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms furniture, fixtures, plantings and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or personal property used in connection with the Tenant’s use of the Roof DeckDeck be screened and sound attenuated as may be required by applicable Legal Requirements. Landlord, upon reasonable notice (except in the case of emergency, Building maintenance and repair and the like) shall have the right to require that any and all tables, furniture, fixtures, plantings and personal property used in connection with the Tenant’s use of the Roof Deck be placed or installed in such a way so as to allow maintenance and repairs to the exterior of the Building from time to time, all of which shall be subject in Landlord’s reasonable discretion as set forth above. (c) Notwithstanding anything to the terms contrary contained in this Lease, in the event that Tenant’s use of Article IX the Roof Deck fails to comply with the Rules and Regulations or otherwise so fail to comply with the foregoing and all applicable provisions of this Lease, and such failure continues for ten (ii10) business or more days after (or such shorter period in the event of violation of any applicable Legal Requirement or an emergency situation) written notice thereof is given by Landlord to Tenant, then, in any such event, and without limiting Landlord’s payment of all costs other rights and expenses relating to the design and construction remedies on account of the Roof Deck continuation thereof and all alterations and improvements that are required in connection with the Roof Deck (resulting default by Tenant thereunder, Landlord shall have the right to take such steps as Landlord reasonably determines to be necessary to remedy such failure, including, without limitation, alterations the right, exercisable by giving notice thereof to provide structural support and access Tenant, immediately to the Roof Deck), (iii) suspend all of Tenant’s means of access rights hereunder to the Roof Deck and Tenant’s use and operation of the Roof Deck, until the facts and (iv) circumstances giving rise to such other failure are resolved to the reasonable matters as may be specified by Landlordsatisfaction of Landlord and Landlord and Tenant shall work in good faith to resolve same. Without limitation, Any such temporary suspension of Tenant’s rights to use the Roof Deck Amendment in accordance with the foregoing shall provide that (a) not affect this Lease insofar as it relates to the remainder of the Premises; and, without limitation, any such suspension of Tenant’s rights to use the Roof Deck shall be considered a part not reduce or otherwise affect the Rent or any other charges and obligations of Tenant pursuant to the Premises for all purposes under provisions of this Lease (although Tenant shall not be obligated to pay any rent for provided that the Roof Deck), (b) the design, construction, suspension of Tenant’s use and operation of the Roof Deck shall be at no cost or liability to Landlord, (c) Tenant shall be responsible for all costs is immediately restored upon Tenant’s cure of maintenance, repair and cleaning of the Roof Deck, (d) Tenant shall, at its sole cost and expense, remove the Roof Deck and all related alterations and improvements, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval of Landlord and Tenant. Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenantfailure. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INC., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Lease (Gritstone Bio, Inc.)

Roof Deck. (Aa) If So long as Tenant is leasing not fewer than 100,000 rentable square feet of space within the Office Tower Owner constructs Building, Tenant shall have the Office Towerright to design, then Landlord or Office Tower Owner shall construct, at no cost to and furnish a private rooftop deck on top of the Building (“Tenant’s Rooftop Deck”) for the exclusive use and benefit of Tenant, a roof deck its Permitted Users and their respective employees, guests and invitees, in accordance with the terms and conditions of this Section 49. Tenant’s Rooftop Deck shall be located on the Podium Building for the non-exclusive use of Tenant and other tenants roof of the Office Tower and the Podium Building. Tenant shall not be obligated to pay rent for use of any such roof deckBuilding as indicated on Exhibit G, but attached hereto. (b) Within ninety (90) days after Tenant’s use of written notice that it is exercising its right to construct Tenant’s Rooftop Deck, the roof deck parties shall commence the design process. The design professionals selected to prepare the plans and specifications for Tenant’s Rooftop Deck shall be subject to such Landlord’s reasonable terms approval. The parties shall engage in a review, comment and conditions as may be specified by Landlordapproval process for the design of Tenant’s Rooftop Deck using the same review and approval process set out in the Work Letter for the initial review and approval of Tenant’s Plans for the Tenant Work. If requested by Landlord, Tenant shall enter into an amendment be responsible to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms obtain all permits and conditionsapprovals from the applicable governmental authorities necessary to commence construction of Tenant’s Rooftop Deck. (Bc) If Landlord shall manage, approve and control the construction of any Base Building Structure changes, and/or MEP changes relating to or necessary in connection with the Office Tower has not commenced by the third construction of Tenant’s Rooftop Deck, including providing a code-complaint egress path and all work involving Building elevators, stairwells and hardscape (3rd) anniversary of the Commencement Datecollectively, then Tenant shall have the option (the “Rooftop OptionDeck Structural Changes) to construct, at ). Tenant shall manage and control all construction of Tenant’s sole cost and expense, a roof deck on Rooftop Deck other than the Podium Building, not Rooftop Deck Structural Changes using the same process set out in the Work Letter for performance of the Tenant’s Work. The contractors selected to exceed 2,000 square feet in size (provided that the Roof perform any Rooftop Deck may Structural Changes shall be expanded up subject to a total of 5,000 square feet if, in Landlord’s reasonable discretionapproval, including Landlord’s right to require that Tenant use Landlord’s roofing contractor to ensure compliance with roof warranty requirements. Landlord’s determination in its reasonable discretion whether any scope comprises a Rooftop Deck Structural Change shall control. (d) It is the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for Tenant’s exclusive use (the “Roof Deck”); provided, however, that any such construction intent of the Roof Deck must be performed by parties that the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) total cost for the design and construction of all alterations, additions and improvements to be constructed as part of or in connection with the Roof Tenant’s Rooftop Deck, all of which including hard and soft costs, shall be paid by Tenant, but subject to the terms of Article IX of this Lease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction application of the Roof Deck and all alterations and improvements that are required in connection with the Roof Deck Tenant Improvement Allowance. (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iiie) Tenant’s means After completion of access to the Roof Deck and Tenant’s use and operation of the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlord. Without limitation, the Roof Deck Amendment shall provide that (a) the Roof Deck shall be considered a part of the Premises for all purposes under this Lease (although Tenant shall not be obligated to pay any rent for the Roof Deck), (b) the design, construction, use and operation of the Roof Deck shall be at no cost or liability to Landlord, (c) Tenant shall be responsible for all costs in connection with the maintenance and operation of maintenance, repair and cleaning of the Roof Tenant’s Rooftop Deck, (d) Tenant shallincluding, at its sole cost and expensewithout limitation, remove the Roof Deck and all related alterations and improvements, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval of Landlord and Tenant. Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenant. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to ongoing compliance with all applicable Legal RequirementsRequirements and obtaining the insurance required by this Lease in connection with such area. EXECUTED Once constructed, Tenant’s Rooftop Deck shall, for all purposes under this Lease, be considered part of the Premises, except that Tenant shall not pay any increased Base Rent in two connection therewith, and Tenant shall have no obligation to remove or more counterparts by persons or officers hereunto duly authorized on restore the Rooftop Deck upon the Expiration Date set forth provided that the same is surrendered in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member good condition and manager WITNESS: By: BOSTON PROPERTIES, INCrepair., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Deed of Lease (ICF International, Inc.)

Roof Deck. (A) If Section 27.1. Landlord shall construct the Office Tower Owner constructs the Office Tower, then Landlord or Office Tower Owner shall construct, at no cost Base Building to Tenant, accommodate a roof deck on the Podium Building for the non-exclusive use of Tenant and other tenants as part of the Office Tower Base Building Work in accordance with Exhibit 1.7 attached hereto (the “Roof Deck”). Landlord shall obtain and maintain any and all licenses, permits, consents or approvals that may be required by applicable legal requirements in connection with the Podium Building. construction of the Base Building to accommodate the Roof Deck, all as part of the Base Building Work, and Tenant shall not be obligated to pay rent responsible for use obtaining any licenses, permits, consents or approvals as necessary for Tenant’s construction of any such roof deck, but the Roof Deck and Tenant’s use of the roof deck Roof Deck during the Lease Term. Subject to Section 27.4 below, Tenant shall have the exclusive right to use the Roof Deck for outdoor seating and uses ancillary to Tenant’s use of the Premises (which, in all cases, shall not be open to the general public), and Tenant shall have the right to install tables, chairs, umbrellas and other furniture to facilitate outdoor seating and use of the Roof Deck, subject to applicable legal requirements. Tenant’s use of the Roof Deck shall be subject to such reasonable all of the terms and conditions of this Lease applicable to the Premises except as may be specified by Landlordotherwise expressly set forth herein. If requested by Landlord, Tenant shall enter into an amendment perform and pay for all costs associated with Tenant’s use of the Roof Deck, including cleaning costs related to such use. Section 27.2. Landlord shall maintain the roof, roof membrane and associated supporting structure located underneath the Roof Deck during the Lease Term in accordance with Landlord’s obligations under Article VIII of this Lease, provided, however, any additional repairs or maintenance required to the roof to the extent resulting from Tenant’s use of the Roof Deck shall be performed by Landlord at Tenant’s sole cost and expense. Tenant shall be responsible for any reasonably documented increase in the costs of normal repairs and maintenance to the roof and roof membrane to the extent resulting from Tenant’s use of the Roof Deck. Landlord shall not be required to provide services to the Roof Deck except as otherwise expressly set forth in this Lease, provided nothing contained herein shall limit Tenant’s ability to bring such services to the roof, at Tenant’s sole cost and expense and subject to the terms of this Lease governing Alterations. Any Alterations in or to the Roof Deck shall be deemed to be structural alterations and shall require Landlord’s approval in accordance with Article IX of this Lease. Section 27.3. Tenant shall, on or before the expiration or earlier termination of the term of this Lease, remove all of Tenant’s property from the Roof Deck and repair any damage to the roof caused by the installation or removal of such property, all at Tenant’s expense. Landlord shall have no liability for any damage to any of Tenant’s property located in or on the Roof Deck unless such damage is caused by the gross negligence or willful misconduct of Landlord or any person claiming by, through or under Landlord. Section 27.4. Notwithstanding the foregoing, Landlord shall at all times have access to the roof to maintain equipment serving the Building that is located on the roof. Landlord shall provide Tenant with reasonable prior notice of time periods when Landlord intends to access the roof for the purposes of inspecting or repairing the same. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of the Roof Deck. Section 27.5. In addition to the Roof Deck, Tenant, on a non-exclusive basis and without the payment of any additional rent or other written agreement specified by Landlord setting forth such reasonable license fee, but otherwise subject to the terms and conditions. (B) If construction conditions of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Datethis Lease, then Tenant shall have the option (the “Rooftop Option”) to constructmay install, repair and replace, at Tenant’s sole cost and expense, a roof deck not more than two satellite dishes/antennae on the Podium Building, not to exceed 2,000 square feet in size (provided that the Roof Deck may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for Tenant’s exclusive use (the “Roof Deck”); provided, however, that any such construction of the Roof Deck must be performed by the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or in connection with the Roof Deck, all Building each of which shall be no larger than twenty-four inches (24”) in diameter (and reasonable equipment and cabling related thereto), for receiving of signals or broadcasts (as opposed to the generation or transmission of any such signals or broadcasts) servicing the business conducted by Tenant from within the Premises (all such equipment is defined collectively as the “Telecommunications Equipment”). The location, physical appearance and size of the Telecommunications Equipment shall be subject to Landlord’s prior reasonable approval. Tenant shall not install or operate the terms of Article IX of this Lease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction Telecommunications Equipment until it receives prior written approval of the Roof Deck plans and all alterations and improvements that are required in connection with the Roof Deck specifications for such work (specifically including, without limitation, alterations to provide structural support all mounting and access to the Roof Deckwaterproofing details), (iii) which approval will not be unreasonably withheld. Landlord may require Tenant to install screening around such Telecommunications Equipment, at Tenant’s means of access to the Roof Deck sole cost and Tenant’s use and operation of the Roof Deckexpense, and (iv) such other reasonable matters as may be specified reasonably designated by Landlord. Without limitationTenant shall engage Landlord’s roofer before beginning any rooftop installations or repairs of Telecommunications Equipment, and shall always comply with the Roof Deck Amendment shall provide that (a) roof warranty governing the Roof Deck shall be considered a part protection of the Premises for all purposes under this Lease (although Tenant shall not be obligated roof and modifications to pay any rent for the Roof Deck), (b) the design, construction, use and operation of the Roof Deck shall be at no cost or liability to Landlord, (c) roof. Tenant shall be responsible for all costs of maintenance, repair and cleaning any cost in relation to interference with or voiding of the Roof Deckroof warranty. Notwithstanding any review or approval by Landlord, (d) Tenant shallshall remain solely liable for any damage to any portion of the roof or roof membrane, specifically including any penetrations, in connection with Tenant’s installation, use, maintenance and/or repair of such Telecommunications Equipment, and Landlord shall have no liability in connection therewith. Tenant shall obtain a letter from Landlord’s roofer following completion of the installation of and any subsequent modifications or material repairs to the Telecommunications Equipment stating that the roof warranty remains in effect. Tenant, at its sole cost and expense, remove shall cause a qualified employee or contractor to inspect the roof at least quarterly and as often as recommended by the manufacturer of any Telecommunications Equipment and correct any loose bolts, fittings or other appurtenances and shall repair any damage to the roof caused by the installation or operation of Telecommunications Equipment. Tenant shall cooperate with Landlord as reasonably required to accommodate any re-roofing of the Building during the Lease Term and Tenant shall be responsible for any costs associated with working around, moving or temporarily relocating the Telecommunications Equipment. Landlord shall use commercially reasonable efforts to complete any such re-roofing as soon as is practicable. Tenant agrees that the installation, operation and removal of Telecommunications Equipment shall be at its sole risk. Tenant shall indemnify and defend Landlord and Landlord’s agents and employees against any Costs incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury (except to the extent due to the negligence or willful misconduct of Landlord or its employees, agents or contractors) arising out of the installation, use, operation, or removal of Telecommunications Equipment by Tenant or its employees, agents, or contractors, including any liability arising out of Tenant’s violation of this Section 27.5. Landlord assumes no responsibility for interference in the operation of Telecommunications Equipment. If the Telecommunications Equipment (i) causes physical damage to the structural integrity of the Building or damages the roof in any way, or (ii) materially interferes with any telecommunications, mechanical or other systems located at or servicing the Building or any building, premises or location in the vicinity of the Building, in each case in excess of that permissible under applicable Laws (a “Rooftop Interference”), Tenant shall cooperate with Landlord or any other third party making such claim to determine the source of the Rooftop Interference and effect a prompt solution at Tenant’s expense (if Telecommunications Equipment caused such interference or damage). Landlord reserves the right to cause Tenant to relocate Telecommunications Equipment located on the roof to comparably functional space on the roof by giving Tenant prior notice of such intention to relocate and Landlord agrees to pay the reasonable cost of moving Telecommunications Equipment to such other space. Tenant shall arrange for the relocation of Telecommunications Equipment within sixty (60) days after a comparable space is agreed upon or selected by Landlord, as the case may be. In the event Tenant fails to arrange for said relocation within the sixty (60) day period, Landlord shall have the right to arrange for the relocation of Telecommunications Equipment. No rights of Tenant under this Section 27.5 may be assigned by Tenant to any other party, except for Permitted Transferees. The Telecommunications Equipment shall, in all instances, comply with all Laws. Section 27.6. Except as otherwise set forth in this Article XXVII, the Roof Deck and shall be deemed to be included in the Premises for all related alterations and improvementspurposes under this Lease, including, without limitation, Tenant’s indemnity obligations with respect to Landlord pursuant to Section 15.2 above. Section 27.7. The rights granted in this Article XXVII are given in connection with, and restore all affected areas as part of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvementsrights created under, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) are not separately transferable or assignable. Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of not resell in any form the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendmentincluding, without limitation, the form and substance granting of which shall be subject to the reasonable approval of Landlord and Tenant. Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenantany licensing or other rights. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INC., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Lease Agreement (Invitae Corp)

Roof Deck. (A) If the Office Tower Owner constructs the Office Tower, then Landlord or Office Tower Owner shall constructLandlord, at no Landlord’s cost to Tenantand in a commercially reasonable amount of time, shall construct a roof deck in the size and location shown on the Podium Building for the non-exclusive use of Tenant and other tenants of the Office Tower and the Podium Building. Tenant shall not be obligated to pay rent for use of any such roof deck, but Tenant’s use of the roof deck shall be subject to such reasonable terms and conditions as may be specified by Landlord. If requested by Landlord, Tenant shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms and conditions. (B) If construction of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Date, then Tenant shall have the option (the “Rooftop Option”) to construct, at Tenant’s sole cost and expense, a roof deck on the Podium Building, not to exceed 2,000 square feet in size (provided that the Roof Deck may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for Tenant’s exclusive use Exhibit F attached hereto (the “Roof Deck”); provided, howeverand shall perform the roof work, that subject to a mutually agreeable cost, as described on Exhibit F (the “Roof Work”). The Roof Work shall include the installation of a door and locks thereon for Tenant’s access to the Roof Deck, the plans and specifications for which shall be subject to Tenant’s reasonable prior written approval, not to be unreasonably withheld, conditioned, or delayed. Tenant’s right to use the Roof Deck shall be exclusive to Tenant throughout the Term, except as provided herein or in the Lease. Landlord shall not provide access to the Roof Deck to other parties through the Resulting Premises or any such construction expansion thereof. All provisions of the Lease applicable to the Premises (excluding the payment of Base Rent and calculation of rentable square footage) shall be applicable to the Roof Deck, including without limitation, all provisions related to insurance, repair, maintenance and casualty. Tenant’s use of the Roof Deck must shall be performed in accordance with all terms and conditions of the Lease, the Roof Deck Rules and Regulations attached hereto as Exhibit G and incorporated herein by reference, and all Laws. Tenant shall not make any alterations or additions to the same contractors and subcontractors used by Roof Deck unless Tenant receives Landlord’s prior written consent, which consent may be given or withheld for any reason, or for no reason. Notwithstanding anything to the contrary contained herein, Landlord shall have no obligation to construct the Podium Building roof Roof Deck if the cost of such Roof Work exceeds one hundred ten percent (“Landlord’s Contractor”110%) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice estimated construction cost of One Hundred Fifty Thousand and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease 00/100 Dollars ($150,000.00) (the “Roof Deck AmendmentWork Cap”). In the event that the cost of the Roof Work exceeds the Roof Work Cap in accordance with the previous sentence, Tenant shall elect, at its discretion and upon prior reasonable written notice to Landlord, to either (a) receive a credit towards Base Rent of Fifty Thousand and 00/100 Dollars ($50,000.00) (the “Additional Base Rent Credit Amount”) setting forth commercially which shall be added to the Base Rent Credit Amount (as defined in Exhibit B), in which event the Roof Deck as contemplated herein shall not be constructed, or (b) apply any existing portion of the Existing Premises TI Allowance or the New Expansion Premises TI Allowance for any Roof Work cost or expense in excess of the Roof Work Cap. Tenant shall make payment to Landlord within ten (10) days after Tenant’s receipt of any invoice from Landlord delivered in connection with this subsection (b). In no event shall Landlord be liable for any cost or expense related to the Roof Work that exceeds the Roof Work Cap, and any such cost shall be the responsibility of Tenant. No provisions of this Section 16 shall limit Landlord’s responsibility for all structural and building systems maintenance and repairs in accordance with the Lease. Except for Landlord’s negligence and willful misconduct, to the maximum extent such agreement may be made effective according to law, Tenant shall defend, indemnify and save harmless, Landlord and its agents and employees (the “Landlord Indemnities”) against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable terms architects’ and conditions relating to (i) attorneys’ fees, which may be imposed upon or incurred by or asserted against Landlord, its employees and/or its agents in connection with the design Roof Deck. Tenant’s use of the Roof Deck shall be in accordance with all rules and construction regulations of all alterationsthe Building, additions and improvements to be constructed as part of Landlord may specify reasonable rules and regulations now or hereafter in connection with the Roof Deck, all of which including without limitation the Rules and Regulations set forth in Exhibit G hereto, and Tenant shall be subject comply with such reasonable rules and regulations. Notwithstanding anything contained herein to the terms of Article IX of this Lease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction of the Roof Deck and all alterations and improvements that are required in connection with the Roof Deck (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iii) Tenant’s means of access to the Roof Deck and Tenant’s use and operation of the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlord. Without limitationcontrary, the Roof Deck Amendment shall provide that (a) the Roof Deck shall be considered a part of the Premises for all purposes under this Lease (although Tenant shall not be obligated to pay any rent for the Roof Deck), (b) the design, construction, use and operation square footage of the Roof Deck shall not be at no cost or liability to Landlord, (c) Tenant shall be responsible for all costs of maintenance, repair and cleaning deemed a portion of the Roof DeckPremises for the purposes of calculating any Base Rent, (d) Tenant shallAdditional Rent, at its sole cost and expense, remove the Roof Deck and all related alterations and improvements, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements charge that is calculated on or above the Office Building) and if Tenant fails a per square foot basis pursuant to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval of Landlord and Tenant. Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenant. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INC., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Lease Agreement (Karyopharm Therapeutics Inc.)

Roof Deck. (A) If the Office Tower Owner constructs the Office TowerSubject to Lessor’s approval, then Landlord or Office Tower Owner shall construct, at no cost to Tenant, a roof deck on the Podium Building for the non-exclusive use of Tenant and other tenants of the Office Tower and the Podium Building. Tenant which approval shall not be obligated to pay rent for unreasonably withheld, conditioned or delayed, and so long as such work or use does not materially increase the rate of any such insurance maintained by Lessor on the Building, Lessee shall have right to install on the roof deck, but Tenant’s use of the roof Building a deck shall be subject to such reasonable terms and conditions as may be specified by Landlord. If requested by Landlord, Tenant shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms and conditions. (B) If construction of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Date, then Tenant shall have the option (the “Rooftop Option”) to construct, at Tenant’s sole cost and expense, a roof deck on the Podium Building, not to exceed 2,000 square feet in size (provided that the Roof Deck may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for TenantLessee’s exclusive use (the “Roof Deck”); provided, however, that any such construction of the Roof Deck must be performed by the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or in connection accordance with the Roof Deck, all of which shall be subject to the terms of Article IX provisions of this Lease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction of the Roof Deck and all alterations and improvements that are required in connection with the Roof Deck (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iii) Tenant’s means of access to the Roof Deck and Tenant’s use and operation of the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlordsection. Without limitation, the Roof Deck Amendment shall provide that (a) the Roof The Deck shall be considered a part installed and maintained at Lessee’s sole cost and expense. Lessee shall submit drawings, specifications, and installation data for the Deck to Lessor for its approval prior to installation. Installation of the Premises for all purposes under this Lease (although Tenant shall not be obligated to pay any rent for the Roof Deck), (b) the design, construction, use and operation of the Roof Deck shall be at accomplished under the direct supervision of Lessor. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make no cost penetration of the Building’s roof during installation or liability to Landlordremoval of the Deck without the prior written consent of Lessor, (c) Tenant Lessee shall be responsible for the cost of repairing all costs damages to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deck, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair and cleaning or removal of the Roof Deck, (d) Tenant shallexcept to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost and expense. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, Lessee, at its sole cost and expense, shall at the request of Lessor remove the Roof Deck and all related alterations and improvementsfrom the Building’s roof, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval provisions of Landlord this section. Removal of the Deck shall be done in a manner reasonably satisfactory to Lessor. Lessee, at its sole cost and Tenantexpense, shall obtain and maintain all necessary governmental approvals, licenses and permits required to use the Deck, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Tenant Lessee agrees that Lessor shall have no the right to commence construction install and to grant others the right to install transmitting equipment, satellite dishes, antennae, and similar equipment on the Building’s roof, so long as neither the installation nor operation of such equipment materially interferes with the use of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and TenantDeck. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INC., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Sublease (Cascadian Therapeutics, Inc.)

Roof Deck. (A) If the Office Tower Owner constructs the Office TowerSubject to Lessor’s approval, then Landlord or Office Tower Owner shall construct, at no cost to Tenant, a roof deck on the Podium Building for the non-exclusive use of Tenant and other tenants of the Office Tower and the Podium Building. Tenant which approval shall not be obligated to pay rent for unreasonably withheld, conditioned or delayed, and so long as such work or use does not materially increase the rate of any such insurance maintained by Lessor on the Building, Lessee shall have right to install on the roof deck, but Tenant’s use of the roof Building a deck shall be subject to such reasonable terms and conditions as may be specified by Landlord. If requested by Landlord, Tenant shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms and conditions. (B) If construction of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Date, then Tenant shall have the option (the “Rooftop Option”) to construct, at Tenant’s sole cost and expense, a roof deck on the Podium Building, not to exceed 2,000 square feet in size (provided that the Roof Deck may be expanded up to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for TenantLessee’s exclusive use (the “Roof Deck”); provided, however, that any such construction of the Roof Deck must be performed by the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or in connection accordance with the Roof Deck, all of which shall be subject to the terms of Article IX provisions of this Lease, (ii) Tenant’s payment of all costs and expenses relating to the design and construction of the Roof Deck and all alterations and improvements that are required in connection with the Roof Deck (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iii) Tenant’s means of access to the Roof Deck and Tenant’s use and operation of the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlordsection. Without limitation, the Roof Deck Amendment shall provide that (a) the Roof The Deck shall be considered a part installed and maintained at Lessee’s sole cost and expense. Lessee shall submit drawings, specifications, and installation data for the Deck to Lessor for its approval prior to installation. Installation of the Premises for all purposes under this Lease (although Tenant shall not be obligated to pay any rent for the Roof Deck), (b) the design, construction, use and operation of the Roof Deck shall be at accomplished under the direct supervision of Lessor. Use of the Deck shall be for Lessee’s exclusive use in accordance with reasonable rules and regulations prescribed by Lessor. Lessee shall make no cost penetration of the Building’s roof during installation or liability to Landlord, (c) Tenant removal of the Deck without the prior written consent of Lessor. Lessee shall be responsible for the cost of repairing all costs damages to the Building and the Lessor’s property caused by the installation, operation, repair or removal of the Deck, except to the extent caused by Lessor, its agents or employees. Furthermore, in the event Lessor determines that the Building roof must be repaired or resealed as a direct or indirect result of the installation, maintenance, repair and cleaning or removal of the Roof Deck, (d) Tenant shallexcept to the extent cause by Lessor, its agents or employees, all such repairing and/or resealing shall be performed by Lessor’s designated contractor at Lessee’s sole cost and expense. Except as otherwise specifically agreed to in writing by Lessor and Lessee, upon termination of this lease, Lessee, at its sole cost and expense, shall at the request of Lessor remove the Roof Deck and all related alterations and improvementsfrom the Building’s roof, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building), which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval provisions of Landlord this section. Removal of the Deck shall be done in a manner reasonably satisfactory to Lessor. Lessee, at its sole cost and Tenantexpense, shall obtain and maintain all necessary governmental approvals, licenses and permits required to use the Deck, which use shall not interfere with the quiet enjoyment of any other tenants of the Building. Tenant Lessee agrees that Lessor shall have no the right to commence construction install and to grant others the right to install transmitting equipment, satellite dishes, antennae, and similar equipment on the Building’s roof, so long as neither the installation nor operation of such equipment materially interferes with the use of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and TenantDeck. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INC., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Office Lease (Cell Therapeutics Inc)

Roof Deck. (A) If 60.1 Throughout the Office Tower Owner constructs the Office Towerterm of this Lease, then Landlord or Office Tower Owner shall construct, at no cost to Tenant, a roof deck on the Podium Building for the non-exclusive use of Tenant and other tenants of the Office Tower and the Podium Building. Tenant shall not be obligated to pay rent for use of any such roof deck, but Tenant’s use of the roof deck shall be subject to such reasonable terms and conditions as may be specified by Landlord. If requested by Landlord, Tenant shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such reasonable terms and conditions. (B) If construction of the Office Tower has not commenced by the third (3rd) anniversary of the Commencement Date, then Tenant shall have the option non exclusive right to access and use the deck located on the roof of the Building (the Rooftop OptionRoof Deck”) at no additional cost to constructTenant but subject to the following: Tenant’s right to access and use the Roof Deck shall be non exclusive and Tenant shall not interfere with Landlord’s and other tenants’ or occupants of the Building or their respective officers, employees, agents or business invitees’ rights, to the extent provided in this Lease, to access and use the Roof Deck. Prior to Tenant’s accessing the Roof Deck for any reason, all of Tenant’s insurance (as required by this Lease) shall include the Roof Deck as an additional location of Tenant’s operations. Tenant shall use the common area stairs to gain access to the Roof Deck. No alterations of any kind shall be performed by or on behalf of Tenant to the Roof Deck except with the consent of Landlord as provided in this Lease. Without limiting the foregoing, Tenant shall not, without Landlord’s consent in accordance with this Lease, install any antennas, generators, satellite dishes, transmitters, flags, signs, awnings, or other projections on, from or over the Roof Deck. Tenant and Tenant’s employees, guests and invitees shall use the Roof Deck at their own risk. Tenant shall clean and maintain the roof deck at Tenant’s sole cost and expense, except to the extent that such clean and/or maintenance is necessitated by someone other than Tenant or Tenant’s officers, or employees, or their business invitees, but, subject to the other provisions hereof, Landlord shall remain liable for the roof structure and the roof membrane. Tenant’s right of access and use of the Roof Deck is strictly limited to Tenant and any subtenant, Deck Space User, and their officers, employees, and their business invitees. Except as provided in this Article 60, Tenant may use the Roof Deck for any lawful purposes; provided that (x) Tenant shall not permit smoking on the Roof Deck, (y) Tenant shall not sell liquor to invitees on the Roof Deck, and (z) Tenant shall not play amplified music on the Roof Deck such that same results in tenants of the Building or residents of neighboring buildings making complaints with respect to the volume thereof. If Tenant violates any of the foregoing restrictions, Tenant shall immediately cease such offending conduct upon notice from Landlord or, with respect to the situation described in (z) above, upon notice from such other tenants or neighboring residents. Tenant shall comply with all applicable laws with respect to its use of the Roof. Tenant may serve and consume food on the Roof Deck in connection with office parties for Tenant, its subtenant, Deck Space Users, any Related Entity and its employees, and functions designed for marketing and/or gatherings of Tenant’s, its subtenant’s, Desk Space Users’ and its Related Entity’s clients provided and on condition that in connection therewith, Tenant complies with this Lease and any and all applicable laws, codes, rules and regulations. Tenant shall, at Tenant’s sole cost and expense, a roof deck on obtain any licenses and permits required for Tenant’s use of the Podium Building, Roof Deck. This Lease is in no way contingent upon Tenant obtaining any such licenses or permits or any licenses or permits of any kind or upon Tenant’s ability to access and use the Roof Deck. Tenant shall not to exceed 2,000 square feet in size (provided that use the Roof Deck may be expanded up in a hazardous manner or in violation of any applicable zoning law, ordinance, building code, or other law or in a manner that would cause physical damage to a total of 5,000 square feet if, in Landlord’s reasonable discretion, the Roof Deck will not affect the Podium Building’s structural elements or base building systems), for Tenant’s exclusive use (the “Roof Deck”); provided, however, that any such construction portion of the Roof Deck must be performed by the same contractors and subcontractors used by Landlord to construct the Podium Building roof (“Landlord’s Contractor”) and Tenant shall not perform roof, room membrane or cause to be performed any work that reasonably could void any warranty applicable to the roof other portion of the Podium Building. Tenant may not exercise the Rooftop Option if Tenant is in default under this Lease beyond any applicable notice and cure period. If Tenant timely delivers notice to Landlord exercising the Rooftop Option, then Landlord shall promptly deliver to Tenant a draft amendment to this Lease (the “Roof Deck Amendment”) setting forth commercially reasonable terms and conditions relating to (i) the design and construction of all alterations, additions and improvements to be constructed as part of or in connection with installs any furniture on the Roof Deck, Tenant shall attach any and all furniture, tables, equipment and other personal property of which any kind in a manner so as not to damage the roof or the roof membrane and so as to secure such items so that they do not blow off or fall off of the Roof Deck. Landlord assumes no responsibility whatsoever for safeguarding any such items or for the damage, destruction or theft thereof. No furniture, tables, equipment or other personal property shall at any time be subject to located within five (5) feet of the terms perimeter of Article IX the Roof Deck. Upon the expiration or earlier termination of this Lease, (ii) Tenant shall, at Tenant’s payment sole cost and expense, remove all of all costs Tenant’s furniture, tables, equipment and expenses relating to the design and construction of other personal property from the Roof Deck and all alterations Building and improvements that are required in connection with repair any damage to the Roof Deck Building (including, without limitation, alterations to provide structural support and access to the Roof Deck), (iii) Tenant’s means of access caused by such removal. In no event shall Landlord grant any rights to use the Roof Deck other than to the existing tenant/occupants of the 2nd floor of the Building and TenantLandlord and Landlord’s employees, agents and invitees (solely for the purposes of performing work and making inspections). Further, as of the date hereof the only parties other than Tenant and Landlord (for the above purposes) that may use and operation the Roof Deck are the existing tenant/occupants of the 2nd floor of the Building, and, at such time as the existing lease of the 2nd floor terminates, no other Building tenant or occupant shall have access to or rights to use the Roof Deck, and (iv) such other reasonable matters as may be specified by Landlord. Without limitation, the Roof Deck Amendment shall provide that (a) the Roof Deck Tenant’s rights thereto shall be considered exclusive except for Landlord’s rights described in this Paragraph. If Landlord is required to make repairs to and/or replace the roof or any portion thereof, Landlord and Landlord’s agents and contractors shall have access to all or a part portion of the Premises for all purposes under this Lease (although Tenant shall not be obligated roof to pay any rent for perform such work and Landlord may temporarily suspend Tenant’s access to the Roof Deck), (b) the design, construction, use and operation of the Roof Deck roof. Such suspension shall be at no cost or without liability to Landlord, (c) Tenant shall be responsible for all costs of maintenance, repair and cleaning of the Roof Deck, (d) Tenant shall, at its sole cost and expense, remove the Roof Deck and all related alterations and improvements, and restore all affected areas of the Podium Building to their condition prior to the installation of the Roof Deck and such related alterations and improvements, within a commercially reasonable time after receipt of written notice from Landlord (it being agreed and acknowledged by Landlord and Tenant, that any such removal of the Roof Deck must be performed by Landlord’s Contractor and Tenant shall not perform or cause entitle Tenant to be performed any work that reasonably could void any warranty applicable to the roof of the Podium Building)rent abatement, which notice Landlord may provide only if Landlord has determined in good faith that it will be constructing the Office Tower (or any other alterations, additions or improvements on or above the Office Building) and if Tenant fails to timely remove the Roof Deck and such related alterations and improvements following notice from Landlord, then Landlord shall be entitled to its self-help rights set forth in Section 16.17 of this Lease, and (e) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord and each other tenant of the Podium Building from and against any damages, liabilities, costs, and expenses (including court costs and reasonable attorneys’ fees and expenses) arising out of or relating to the design, construction, installation, use or operation of the Roof Deck. Following Landlord’s delivery of the draft Roof Deck Amendment to nor otherwise reduce Tenant, Landlord and Tenant shall reasonably cooperate in good faith to finalize the terms of the Roof Deck Amendment, the form and substance of which shall be subject to the reasonable approval of Landlord and Tenant. Tenant shall have no right to commence construction of the Roof Deck unless and until the Roof Deck Amendment has been executed and delivered by each of Landlord and Tenant. (C) Tenant’s rights and Landlord’s obligations under this Section 16.36 shall be subject to compliance with all applicable Legal Requirements. EXECUTED in two or more counterparts by persons or officers hereunto duly authorized on the Date set forth in Section 1.1 above. LANDLORD: PODIUM DEVELOPER LLC, a Delaware limited liability company Members: BP PODIUM JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager WITNESS: By: BOSTON PROPERTIES, INCLease., a Delaware corporation, its general partner /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇ Title: Executive Vice President Boston Region BOSTON GARDEN DEVELOPMENT LP, LLC, a Delaware limited liability company WITNESS: By: BOSTON GARDEN DEVELOPMENT CORP., a Massachusetts corporation, its member /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President TENANT: RAPID7, INC., a Delaware corporation WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇▇ SVP & GC Title: President & CEO

Appears in 1 contract

Sources: Office Lease (PCI Media, Inc.)