Common use of Roof Deck Clause in Contracts

Roof Deck. So long as Tenant is not in default under this Lease, then during the Lease Term and subject to availability, Tenant shall have the right to hold up to three (3) private events per calendar year of the Lease Term for Tenant’s employees and clients at the roof deck (the “Roof Deck”) of the building located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the, “▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇”) that is currently owned Landlord’s affiliate (together with any other affiliate of Landlord that may at any time during the Lease Term own the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building, “Landlord’s Affiliate”), subject to the terms and conditions set forth herein. Tenant’s right to use the Roof Deck pursuant to this Section 29.47 shall only apply for so long as Landlord’s Affiliate owns the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building and Landlord and/or Landlord’s Affiliate permit tenants of the Building to use the Roof Deck. Tenant shall pay all out of pocket costs incurred by Landlord and/or Landlord’s Affiliate for such use of the Roof Deck by Tenant hereunder, including without limitation, janitorial, security and insurance costs. Tenant shall provide Landlord with not less than thirty (30) days’ and no more than sixty (60) days’ prior written notice to Landlord of Tenant’s request to use of the Roof Deck and Tenant shall comply with the reservation system for the Roof Deck established by Landlord and/or Landlord’s Affiliate from time to time. Tenant’s use of the Roof Deck shall be further subject to the rules and regulations (including rules regarding hours of use and priorities for the tenants of the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building, set up and clean up charges, etc.) established from time to time by Landlord and/or Landlord’s Affiliate for the Roof Deck. Tenant acknowledges that Landlord or Landlord’s Affiliate may from time to time establish a standard license agreement (the “License Agreement”) with respect to the use of Roof Deck by tenants of the Building. Tenant, upon request of Landlord and as a condition to Tenant’s right to use the Roof Deck pursuant to this Section 29.47, shall enter into such License Agreement and fully comply with the terms and conditions set forth in the License Agreement. Tenant’s waiver and indemnity obligations pursuant to Section 10.1 of this Lease shall apply to Tenant’s use of the Roof Deck; provided that for purposes of Section 10.1, Landlord’s Affiliate shall be deemed to be a Landlord Party. Tenant’s insurance required pursuant to Section 10.3 above shall apply to the use of the Roof Deck by Tenant and any Tenant Parties. In the event that alcohol is served or utilized at the Roof Deck, subject to Applicable Laws, Tenant shall provide Landlord with written notice thereof and obtain and maintain at its expense, host liquor liability insurance or dram shop liability insurance (as applicable) with combined single limits of not less than $5,000,000 per occurrence and such additional or higher insurance coverage as may be required pursuant to the License Agreement, covering any claims relating to the manufacture, storage, sale, use or giving away of any alcoholic or other intoxicating liquor or beverage, which claims could be asserted against Landlord, Landlord’s Affiliate, Tenant, the Building or the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. ▇▇ addition to Landlord and the Landlord Parties, Landlord’s Affiliate and any other party designated by Landlord shall be named as an additional insured with respect to Tenant’s insurance as required under Section 10.3.1 and this Section 29.47 and as a condition to Tenant’s use of Roof Deck, Tenant shall provide Landlord with insurance certificates acceptable to Landlord, evidencing that Tenant’s insurance required under this Lease and pursuant to the License Agreement covers Tenant’s use of the Roof Deck and the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, any Landlord Parties or Landlord’s Affiliate shall have any liability whatsoever with respect to the existence, condition or availability of the Roof Deck for Tenant’s use nor shall Landlord, any Landlord Parties or Landlord’s Affiliate have any obligation whatsoever to ensure the availability or suitability of the Roof Deck for Tenant’s use and Tenant hereby expressly waives all claims against Landlord, the Landlord Parties and Landlord’s Affiliate with respect to same. Tenant shall reimburse Landlord for all out-of-pocket costs incurred by Landlord and/or Landlord’s Affiliate in connection with Tenant’s use of the Roof Deck pursuant to this Section 29.47, which costs shall be paid to Landlord as Additional Rent under this Lease within ten (10) days following Landlord’s demand therefor. Tenant acknowledges that the provisions of this Section 29.47 shall not be deemed to be a representation by Landlord that Landlord’s Affiliate shall permit the use of the Roof Deck throughout the Lease Term or a guaranty by Landlord that neither Landlord nor the Landlord’s Affiliate will not contract, eliminate or otherwise modify the Roof Deck. In addition, at such time as Landlord’s Affiliate no longer owns the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building, the rights of Tenant to use the Roof Deck set forth herein shall automatically terminate. No expansion, contraction, elimination, unavailability or modification of the Roof Deck, and no termination of or interference with Tenant’s rights to the Roof Deck, shall entitle Tenant to an abatement or reduction in Rent or constitute a constructive eviction or a default by Landlord under this Lease. The right to use the Roof Deck pursuant to this Section 29.47 is personal to the Original Tenant and any Permitted Transferee Assignee and shall not be transferable to any other party. [Signatures follow on next page] IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed the day and date first above written. KR ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ OWNER, LLC, a Delaware limited liability company By: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Member, LLC, a Delaware limited liability company, its sole member By: ▇▇▇▇▇▇ Realty, L.P., a Delaware limited partnership, its sole member By: ▇▇▇▇▇▇ Realty Corporation, a Maryland corporation, its General Partner By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: SVP Asset Management By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: COO POSTMATES INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Its: CEO *NOTE: If Tenant is a California corporation, then one of the following alternative requirements must be satisfied: (A) This Lease must be signed by two (2) officers of such corporation: one being the chairman of the board, the president or a vice president, and the other being the secretary, an assistant secretary, the chief financial officer or an assistant treasurer. If one (1) individual is signing in two (2) of the foregoing capacities, that individual must identify the two (2) capacities. (B) If the requirements of (A) above are not satisfied, then Tenant shall deliver to Landlord evidence in a form reasonably acceptable to Landlord that the signatory(ies) is (are) authorized to execute this Lease. If Tenant is a corporation incorporated in a state other than California, then Tenant shall deliver to Landlord evidence in a form reasonably acceptable to Landlord that the signatory(ies) is (are) authorized to execute this Lease. EXHIBIT A -▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT B -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT C -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT D -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT E -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT F -▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT G -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT H -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT H -2- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT H -3- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT I -▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. Please refer to that certain Sublease dated May ___, 2021, by and between POSTMATES, LLC,, a Delaware limited liability company (“Sublandlord”), and AMPLITUDE, INC., a Delaware corporation (“Subtenant”), covering Subleased Premises in the building located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ . All capitalized terms herein shall have the respective meanings given to them in the Sublease. It is hereby agreed to that; (a) The “Commencement Date” under the Sublease, and the date for the commencement of Subtenant’s payment of Base Rent under the Sublease, is ___________________, 20___; (b) The “Expiration Date” of the Lease is 11:59 p.m. on ____________________, 20__; (c) Sublandlord has completed all of its delivery obligations under the Sublease.

Roof Deck. So long as Tenant is not in default under this LeaseLandlord or Podium Building Lessee shall construct, then during the Lease Term and subject at no cost to availabilityTenant, Tenant shall have the right to hold up to three (3) private events per calendar year of the Lease Term for Tenant’s employees and clients at the a roof deck (on the “Roof Deck”) Podium Building for the non-exclusive use of the building located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the, “▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇”) that is currently owned Landlord’s affiliate (together with any Tenant and other affiliate of Landlord that may at any time during the Lease Term own the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building, “Landlord’s Affiliate”), subject to the terms and conditions set forth herein. Tenant’s right to use the Roof Deck pursuant to this Section 29.47 shall only apply for so long as Landlord’s Affiliate owns the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building and Landlord and/or Landlord’s Affiliate permit tenants of the Building to use Office Tower and the Roof DeckPodium Building. Tenant shall not be obligated to pay all out of pocket costs incurred by Landlord and/or Landlord’s Affiliate rent for such use of the Roof Deck by Tenant hereunderany such roof deck, including without limitation, janitorial, security and insurance costs. Tenant shall provide Landlord with not less than thirty (30) days’ and no more than sixty (60) days’ prior written notice to Landlord of Tenant’s request to use of the Roof Deck and Tenant shall comply with the reservation system for the Roof Deck established by Landlord and/or Landlord’s Affiliate from time to time. but Tenant’s use of the Roof Deck roof deck shall be further subject to the rules such reasonable terms and regulations (including rules regarding hours of use and priorities for the tenants of the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Buildingconditions as may be specified by Landlord. If requested by Landlord, set up and clean up charges, etc.) established from time to time by Landlord and/or Landlord’s Affiliate for the Roof Deck. Tenant acknowledges that Landlord or Landlord’s Affiliate may from time to time establish a standard license agreement (the “License Agreement”) with respect to the use of Roof Deck by tenants of the Building. Tenant, upon request of Landlord and as a condition to Tenant’s right to use the Roof Deck pursuant to this Section 29.47, shall enter into an amendment to this Lease or any other written agreement specified by Landlord setting forth such License Agreement and fully comply with the reasonable terms and conditions conditions. Tenant’s rights and Landlord’s obligations under this Section 16.32 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 the License AgreementSection 1.1 above. Tenant’s waiver and indemnity obligations pursuant to Section 10.1 of this Lease shall apply to Tenant’s use of the Roof Deck; provided that for purposes of Section 10.1, Landlord’s Affiliate shall be deemed to be a Landlord Party. Tenant’s insurance required pursuant to Section 10.3 above shall apply to the use of the Roof Deck by Tenant and any Tenant Parties. In the event that alcohol is served or utilized at the Roof Deck, subject to Applicable Laws, Tenant shall provide Landlord with written notice thereof and obtain and maintain at its expense, host liquor liability insurance or dram shop liability insurance (as applicable) with combined single limits of not less than $5,000,000 per occurrence and such additional or higher insurance coverage as may be required pursuant to the License Agreement, covering any claims relating to the manufacture, storage, sale, use or giving away of any alcoholic or other intoxicating liquor or beverage, which claims could be asserted against Landlord, Landlord’s Affiliate, Tenant, the Building or the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. ▇▇ addition to Landlord and the Landlord Parties, Landlord’s Affiliate and any other party designated by Landlord shall be named as an additional insured with respect to Tenant’s insurance as required under Section 10.3.1 and this Section 29.47 and as a condition to Tenant’s use of Roof Deck, Tenant shall provide Landlord with insurance certificates acceptable to Landlord, evidencing that Tenant’s insurance required under this Lease and pursuant to the License Agreement covers Tenant’s use of the Roof Deck and the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇, any Landlord Parties or Landlord’s Affiliate shall have any liability whatsoever with respect to the existence, condition or availability of the Roof Deck for Tenant’s use nor shall Landlord, any Landlord Parties or Landlord’s Affiliate have any obligation whatsoever to ensure the availability or suitability of the Roof Deck for Tenant’s use and Tenant hereby expressly waives all claims against Landlord, the Landlord Parties and Landlord’s Affiliate with respect to same. Tenant shall reimburse Landlord for all out-of-pocket costs incurred by Landlord and/or Landlord’s Affiliate in connection with Tenant’s use of the Roof Deck pursuant to this Section 29.47, which costs shall be paid to Landlord as Additional Rent under this Lease within ten (10) days following Landlord’s demand therefor. Tenant acknowledges that the provisions of this Section 29.47 shall not be deemed to be a representation by Landlord that Landlord’s Affiliate shall permit the use of the Roof Deck throughout the Lease Term or a guaranty by Landlord that neither Landlord nor the Landlord’s Affiliate will not contract, eliminate or otherwise modify the Roof Deck. In addition, at such time as Landlord’s Affiliate no longer owns the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Building, the rights of Tenant to use the Roof Deck set forth herein shall automatically terminate. No expansion, contraction, elimination, unavailability or modification of the Roof Deck, and no termination of or interference with Tenant’s rights to the Roof Deck, shall entitle Tenant to an abatement or reduction in Rent or constitute a constructive eviction or a default by Landlord under this Lease. The right to use the Roof Deck pursuant to this Section 29.47 is personal to the Original Tenant and any Permitted Transferee Assignee and shall not be transferable to any other party. [Signatures follow on next page] IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed the day and date first above written. KR ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ OWNER, LLC, a Delaware limited liability company By: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Member, LLC, a Delaware limited liability company, its sole member By: ▇▇▇▇▇▇ Realty, L.P., a Delaware limited partnership, its sole member By: ▇▇▇▇▇▇ Realty Corporation, a Maryland corporation, its General Partner By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇ Title: SVP Asset Management ByWITNESS: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ NameWITNESS: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ TitleLANDLORD: COO POSTMATES OFFICE TOWER DEVELOPER LLC, a Delaware limited liability company Members: BP OFFICE JV MEMBER LLC, a Delaware limited liability company By: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member and manager By: BOSTON PROPERTIES, INC., a Delaware corporation corporation, its general partner By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Its: CEO *NOTE: If Tenant is a California corporation, then one of the following alternative requirements must be satisfied: (A) This Lease must be signed by two (2) officers of such corporation: one being the chairman of the board, the president or a vice president, and the other being the secretary, an assistant secretary, the chief financial officer or an assistant treasurer. If one (1) individual is signing in two (2) of the foregoing capacities, that individual must identify the two (2) capacities. (B) If the requirements of (A) above are not satisfied, then Tenant shall deliver to Landlord evidence in a form reasonably acceptable to Landlord that the signatory(ies) is (are) authorized to execute this Lease. If Tenant is a corporation incorporated in a state other than California, then Tenant shall deliver to Landlord evidence in a form reasonably acceptable to Landlord that the signatory(ies) is (are) authorized to execute this Lease. EXHIBIT A -▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT B -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT C -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT D -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT E -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT F -▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT G -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT H -1- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT H -2- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT H -3- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. EXHIBIT I -▇- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Postmates Inc. Please refer to that certain Sublease dated May ___Title: VP, 2021, by and between POSTMATESLeasing BOSTON GARDEN OFFICE TOWER, LLC,, a Delaware limited liability company (“Sublandlord”), and AMPLITUDE, INC.By: BOSTON GARDEN DEVELOPMENT CORPORATION, a Delaware corporation (“Subtenant”)Massachusetts corporation, covering Subleased Premises in the building located at its member By: /s/ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇. All capitalized ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President 94 WITNESS: /s/ ▇▇▇▇▇ ▇▇▇▇▇ TENANT: RAPID7, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: CFO Hereunto duly authorized Each of the undersigned, Garage Expansion Owner, LP, a Delaware limited partnership (in its capacity as Garage Owner of the Garage Expansion Parcel, as defined the Declaration), and Garage Expansion Developer, LLC, a Delaware limited liability company (in its capacity as ground lessee of the Garage Expansion Parcel), hereby acknowledges and agrees to (i) the provisions of Section 16.13 and Article X of this Lease, including, without limitation, making the parking privileges available pursuant to Section 10.1, and (ii) the requirement to provide notices pursuant to Section 2.2(B), if applicable. To the extent there are any inconsistencies between the provisions of Article X of this Lease and the Declaration, the terms herein and conditions of Article X of this Lease shall have control. The obligations of the respective meanings given to them in Garage Owner and the Sublease. It is hereby agreed to that; (a) The “Commencement Date” Garage Ground Tenant under this Joinder shall run with the Subleaseland, and the date for terms of this Joinder shall be binding upon the commencement of Subtenant’s payment of Base Rent under the Subleasesuccessors and assigns, is ___________________respectively, 20___; (b) The “Expiration Date” of the Lease is 11:59 p.m. on ____________________Garage Owner and the Garage Ground Tenant. GARAGE EXPANSION OWNER, 20__; (c) Sublandlord has completed all LP, a Delaware limited partnership By: Garage Expansion Owner GP, LLC, a Delaware limited liability company, its general partner By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory GARAGE EXPANSION DEVELOPER, LLC, a Delaware limited liability company By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title: Authorized Signatory The initial boundaries of its delivery obligations under the SubleaseHub Complex consist of the Podium Parcel, the Hotel Tower Parcel, the Hotel Light and Air Easement Area, the Residential Tower Parcel, the Residential Light and Air Easement Area, the Office Tower Parcel and the Office Light and Air Easement Area.