Common use of Appurtenant Rights Clause in Contracts

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to the Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules, main lobby and common locker room/shower room on the first level of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation.

Appears in 2 contracts

Samples: Basic Lease Terms (Fulcrum Therapeutics, Inc.), Basic Lease Terms (Fulcrum Therapeutics, Inc.)

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Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use use, and permit its invitees to use, in common with othersLandlord and other tenants and occupants of the Property, subject to the Rules reasonable rules and Regulations regulations from time to time made by Landlord of which Tenant is given notice: (as defined in Section 6.3): (ia) the entrycommon lobbies, vestibules, main lobby toilets and common locker room/shower room on the first level corridors of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, Building and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises as more particularly described in common with othersthe Work Letter attached as Exhibit B hereto, (iib) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iiic) access tothe onsite café, Building showers and use lockers, Building common mother’s room, secured, covered bicycle storage, rooftop paddle tennis club and shuffleboard courts as in existence as of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closetsthe date hereof, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, which are hereinafter known as the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to lease from Landlord up to thirty-eight (38) parking spaces plus, on a monthly tenant-at-will basis, an additional ½ parking space per 1,000 rentable square feet in the Premises (the “Additional Parking”), for Tenant’s exclusive use a portion that are located at the on­site parking facility (the ‘‘Tenant Parking”) at the monthly rent of $190.00/month per parking space, for the spaces in use, as such rate may be changed from time to time to reflect market parking fees (the “Parking Fee”). Tenant shall notify Landlord annually, within thirty (30) days prior to the commencement of each Lease Year, as to how many spaces of Tenant Parking Tenant has elected to use for such year. Tenant shall notify Landlord on or before the 10th day of each month how many Additional Parking spaces Tenant will lease for the following month. The Additional Parking shall be available to Tenant on first come, first served basis until the Building is fully leased. Tenant shall pay the Parking Fee to Landlord on the first floor to house Tenant’s acid neutralization system (which day of each month in advance and such Parking Fee shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) deemed Additional Rent hereunder. Landlord reserves the right to use Tenant’s Share of relocate the Building’s solvent storage capacity of 480 gallons and access Tenant Parking to the control areas therefor as more fully provided in Section 12.16 hereofa potential future adjacent parking structure owned by Landlord. Tenant shall have 24-houraccess to a shared loading dock in the Building. Tenant shall have exclusive use of a freight elevator. Tenant shall have access to and use of the Premises, seven the Common Areas and loading dock 24 hours per day, 7 days per week, 365 days per year. To assist Landlord in preserving the common parking area, Landlord reserves the right to require Tenant to cause its employees to affix to their vehicles an identification sticker as furnished by Landlord as evidence that they are entitled to use said parking area. Further, Tenant shall furnish to Landlord, upon Landlord’s request at reasonable intervals, the license plate numbers of vehicles of employees of Tenant who are principally employed at the Premises. Landlord reserves the right from time to time, upon not less than two (72) days per week prior notice, which may be oral, (except for emergency situations, where no prior notice shall be required, provided Landlord shall notify Tenant after such entry has occurred), without unreasonable interference with Tenant’s use of or access to the Premises: (a) to install above a dropped ceiling (when applicable), use, maintain, repair, replace and relocate for service to the space where Premises and/or other parts of the Building pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other Common Areas, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (d) in connection with any excavation made upon adjacent land of landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Tenant shall install and maintain, as Landlord may reasonably require, proper access panels in any hung ceilings or walls as may be installed by Tenant in the Premises to afford access to any facilities above the ceiling or within or behind the walls. As part of Landlord’s Work. Landlord shall install the base building PH neutralization system on the ground floor adjacent to the boiler room, which shall be adequate for Tenant’s acid needs. With respect to Tenant’s use of the base building PH neutralization system is locatedsystem, on or before the common central vacuum Commencement Date, Landlord shall obtain any discharge permits required by the Massachusetts Water Resources Authority (“MWRA Permits”) and, to the extent required for Tenant’s use, Tenant shall obtain a wastewater treatment operator license from the Commonwealth of Massachusetts. Landlord and compressed air systems, control areas for solvent storage, freight loading docks Tenant shall reasonably cooperate with each other to obtain such MWRA Permits and freight elevatorsoperator license. Tenant shall have the right to tie into the base building pH neutralization system, and the dumpster and/or compactor provided by actual monitoring, repair and maintenance costs of the base building pH neutralization system shall be passed through to Tenant on a pro-rata basis. Landlord shall allocate fire control areas (as defined in the refuse disposal Uniform Building Code as adopted by the city or municipality(ies) in which the Building is located (the “UBC”)) within the Building for the storage of Hazardous Materials. Tenant shall be allocated one (1) control area, subject to which shall consist of the provisions of this Lease and interruption for External Causes, casualty and condemnationPremises in its entirety.

Appears in 2 contracts

Samples: Lease (Akouos, Inc.), Lease (Akouos, Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to the Rules and Regulations (as defined in Section 6.3): Regulations, (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mail room, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land land that are necessary or reasonably convenient for access to the Building, and all other areas in and amenities of University Park as are made available generally to the occupants of University Park or the general public, (iii) access to, and use of in common with other tenants oftenants, loading and receiving areas area and freight elevatorselevator, janitor’s closet, and electrical and telephone closets, all portions of the rooftop Penthouse reserved for Tenant use, provided Tenant has equipment located therein, subject to Rules and Regulations Regulations, as hereinafter defined in Exhibit E, then in effect and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, elevator lobbybridges and appurtenant right to the Premises the right to use portions of the roof of the Building, lavatoriesoutside of the Base Building Penthouse on the roof, as shall be reasonably designed by Landlord for location of Tenant equipment. All Tenant’s installations of equipment on the roof and any required interior and/or exterior ducts shall be subject to Landlord’s reasonable approval, and freight elevator vestibule located on in no event shall such floor installation exceed the live load, or the Base Building System capacity as allocated to Tenant or University Park design guidelines all as approved by Landlord and permitted under the appropriate building code such approval not to be unreasonably withheld or delayed (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation.

Appears in 2 contracts

Samples: Sublease Agreement (Immunogen Inc), Sublease Agreement (Aveo Pharmaceuticals Inc)

Appurtenant Rights. (a) The Subject to the matters set forth in the following paragraph, Tenant shall have, as appurtenant to the Premises, the nonexclusive non-exclusive right to use, and permit its invitees to use in common with Landlord and others, subject to the Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules, main lobby and common locker room/shower room on the first level following areas of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor Property (collectively, the “Common Areas”) (i) public or common lobbies, hallways, stairways, and common walkways necessary for access to the Building and the Premises, and if the portion the Premises on any floor includes less than the entire floor, any common toilets, any corridors required, for access to the Premises and any elevator lobby of such floor; and (ii) the access driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord time to time for the non-exclusive use of tenants and other occupants of the Building. If Landlord intends to perform work in the area above the ceiling to the Premises or on the floor slab above the Premises in connection with the build out of any other space in the Building or otherwise as permitted herein and such work is likely to interfere unreasonably with Tenant’s use of the Premises due to the intrusion, noise or vibration of the work, Landlord shall provide Tenant at least fifteen (15) day’s prior notice of such access, except in the event of an emergency, and will use reasonable efforts to coordinate such work to minimize any disruption to Tenant and where feasible will cause the work to be performed outside of normal business hours. Landlord has designated certain areas located on the ground level and garage level of the Building for Storage Space and Shared Space, as shown on the plan attached hereto as Exhibit for use by the tenants of the Building. Tenant shall be allocated Tenant’s Share of the Storage Space and Shared Space, the location and use of which shall be reasonably determined by Landlord and Tenant subject to applicable Legal Requirements, circulation requirements and Landlord’s reasonable requirements and conditions (including, without limitation, consideration for the utility of the unused portions of the Storage Space and Shared Space by other tenants of Building). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the Tenant’s right to use a portion the Shared Space in accordance with the terms this Section, Landlord authorizes Tenant’s use of Tenant’s Share of the first floor to house Shared Space for the installation and use of an acid neutralization tank and/or similar storage tanks with appropriate partitioning at Tenant’s acid neutralization system (which cost subject to applicable Legal Requirements and Landlord’s reasonable requirements and conditions. The Storage Space and Shared Space shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use leased to Tenant on of the central vacuum system terms and compressed air system in common with other tenants entitled thereto, together with access conditions of this Lease which are applicable to such systems, and the Premises except as follows: (Ci) the right rent for Tenant’s Share of the Storage Space shall be the then applicable market rate (currently $18.00 per RSF); (ii) Landlord shall not have any obligation to make any or alterations to the Storage Space and Shared Space to prepare such space for Tenant’s use; (iii) Tenant shall use Tenant’s Share of the BuildingStorage Space and Shared Space solely for the storage or use of Tenant’s solvent storage capacity property or equipment and for no other purpose and in accordance with all applicable Legal Requirements; (iv) Tenant, at its sole expense, shall keep Tenant’s Share of 480 gallons the Storage Space and access Shared Space clean and in good condition; and (vi) Landlord shall not be required to provide any services for the control areas therefor as more fully provided in Section 12.16 hereofStorage Space and Shared Space. Tenant shall have 24-hour, seven the right to use the main lobby of the Building for events upon reasonable prior written notice to Landlord subject to: (7i) days per week access the Legal Requirements; (ii) the Rules and Regulations; (iii) any reasonable conditions that Landlord may impose with respect to the Premisesrequested use of the main lobby; (iv) the rights of any other tenants or occupants in the Building; and (v) the condition that such use does not adversely affect the use and enjoyment of any other tenant or occupant in the Building. Notwithstanding any provision herein to the contrary, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, rights under this Lease shall always be subject to (a) reservations, restrictions, easements and encumbrances and other matters of record as of the provisions date of this Lease as shown on Exhibit C and interruption such future matters which do not unreasonably interfere with the use or occupancy of the Premises for External Causesthe Permitted Uses or materially increase Tenant’s costs under this Lease or in connection with the use and occupancy of the Premises (“Permitted Encumbrances”), casualty (b) such reasonable rules and condemnationregulations from time to time established by Landlord with respect to the Property pursuant to Section 30.18 (the “Rules and Regulations”), and (c) Landlord’s reservations set forth in Section 2.3 below or elsewhere in this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, to loading and receiving areas area and freight elevators, and electrical and telephone closets, all elevator subject to Rules and Regulations then in effect effect, and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby, lavatories, and freight elevator vestibule located on lobby of such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereoffloor. Tenant shall have 24-24 hour, seven (7) days day per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, HVAC equipment, emergency generator, antennae and satellite dishes which, in each case, have been pre-approved by the Landlord pursuant to the terms of Article IV, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice and any applicable laws, but only to the extent that the Tenant has assumed responsibility for maintenance and repair of such equipment installed by Tenant.

Appears in 2 contracts

Samples: Lease (Voyager Therapeutics, Inc.), Lease (Voyager Therapeutics, Inc.)

Appurtenant Rights. (a) The Subject to the matters set forth in the following paragraph, Tenant shall have, as appurtenant to the Premises, the nonexclusive non-exclusive right to use, and permit its invitees to use in common with Landlord and others, subject to the Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules, main lobby and common locker room/shower room on the first level following areas of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor Property (collectively, the “Common Areas”). Without limiting ) (i) public or common lobbies, hallways, stairways, elevators (including but not limited to freight elevators) and common walkways necessary for access to the foregoing, Tenant shall have as appurtenant to Building and the Premises, (A) and if the right to use a portion of the first Premises on any floor includes less than the entire floor, any common toilets, any corridors required for access to house the Premises and any elevator lobby of such floor; and (ii) the access roads, driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures (including but not limited to dumpsters maintained on the premises by Landlord), if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord from time to time for the non-exclusive use of tenants and other occupants of the Building. Landlord has designated certain areas located on the penthouse, ground level and garage level of the Building for Storage Space and Shared Space, as shown on the plan attached hereto as Exhibit A, for use by the tenants of the Building. Tenant shall be allocated Tenant’s acid neutralization system (Share of the Storage Space and Shared Space, the location and use of which shall be operated reasonably determined by Landlord and maintained by Tenant)Tenant subject to applicable Legal Requirements, together with access thereto from circulation requirements and Landlord’s reasonable requirements and conditions (including, without limitation, consideration for the common hallway, (B) use utility of the central vacuum system unused portions of the Storage Space and compressed air system in common with Shared Space by other tenants entitled thereto, together with access of the Building). The Storage Space and Shared Space shall be leased to such systems, Tenant on all of the terms and conditions of this Lease which are applicable to the Premises except as follows: (Ci) the right rent for Tenant’s Share of the Storage Space shall be the then applicable market rate (currently $18.00 per RSF); (ii) Landlord shall not have any obligation to make any improvements or alterations to the Storage Space and Shared Space to prepare such space for Tenant’s use; (iii) Tenant shall use Tenant’s Share of the BuildingStorage Space and Shared Space solely for the storage or use of Tenant’s solvent storage capacity property or equipment and for no other purpose and in accordance with all applicable Legal Requirements; (iv) Tenant, at its sole expense, shall keep Tenant’s Share of 480 gallons the Storage Space and access Shared Space clean and in good condition; and (vi) Landlord shall not be required to provide any services for the Storage Space and Shared Space. Notwithstanding the foregoing, as of the Effective Date, Tenant shall be deemed to have elected to lease the entire amount of Storage Space allocated to Tenant at the rate of $18.00 per RSF (gross) for the Term. If Tenant subsequently elects to surrender any or all of such Storage Space to Landlord, Landlord may offer the surrendered Storage Space to other tenants in the Building and Tenant’s right to lease such surrendered Storage Space thereafter will be subject to availability at such future time and Tenant’s payment at the then applicable market rental rate. Notwithstanding any provision herein to the control areas therefor contrary, Tenant’s rights under this Lease shall always be subject to (a) reservations, restrictions, easements and encumbrances of record, as more fully provided amended from time to time, (b) such reasonable rules and regulations from time to time established by Landlord with respect to the Property pursuant to Section 30.18 (the “Rules and Regulations”), and (c) Landlord’s reservations set forth in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord 2.3 below or elsewhere in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnationLease.

Appears in 2 contracts

Samples: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to the Rules reasonable rules of general applicability to tenants and Regulations (as defined in Section 6.3): (i) the entry, vestibules, main lobby and common locker room/shower room on the first level other users of the Building, if any, from time to time made by Landlord of which Tenant is given written notice): (a) the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment loading platform serving the Premises Building (and Tenant’s rights thereto shall be exclusive [subject to use by Landlord in common connection with others, Landlord’s obligations under this Lease] so long as Tenant leases one hundred percent [100%] of the Rentable Area of Building); (iib) common driveways and walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building; (c) the roof of the Building for telecommunications antennae; (d) the parking areas (as the same are shown on the attached Exhibit A-2; and such areas shall maintain a parking ratio of at least 3.5 spaces per 1,000 rentable square feet of the Premises) (it being agreed that fifteen (15) of such spaces shall be designated for exclusive use by Tenant for visitor parking, which fifteen (iii15) access toparking spaces shall be mutually agreed upon by Landlord and Tenant) and facilities serving the Building from time to time intended for general use by Tenant, other Building tenants (if any), and use visitors, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice; (e) any other facilities generally available to tenants in common with other tenants ofthe Xxxxx Xxxxx Office Park, loading and receiving areas and freight elevatorssubject to reasonable rules from time to time in effect of which Tenant is given notice, and electrical and telephone closets, (f) all subject to Rules and Regulations then in effect and (iv) if common areas of the Premises at any time includes Building so long as Tenant leases less than 100% of the entire rentable floor area Rentable Area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”)Building. Without limiting the foregoing, Landlord hereby grants Tenant shall have as appurtenant to the Premises, (A) the right to use a portion the existing corridor from 000 Xxxxxxx Xxxxxx Xxxxx in order to access 000 Xxxxxxx Xxxxxx Xxxxx for the use of certain amenities which may be available in the Xxxxx Xxxxx Office Park from time to time. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the first floor to house forgoing common areas and facilities, provided that no such change shall materially and adversely affect Tenant’s acid neutralization system (which appurtenant rights set forth in this Section 2.2 and Landlord shall be operated and maintained by Tenant), together with access thereto from not substantially reduce the common hallway, (B) number of parking spaces available for use of tenants of Xxxxx Xxxxx Office Park or the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and parking ratio set forth above by more than five (C5) parking spaces. Tenant shall have the right to use any existing emergency generators in the Building (the “Emergency Generators”) for backup power to the Premises. Landlord makes no representation or warranty with respect to the Emergency Generators, including without limitation as to their condition or suitability for Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereofuses. Tenant shall be responsible for the maintenance of the Emergency Generators and Landlord shall have 24-hourno obligation with respect thereto. If for any reason the Emergency Generators cease to operate or are otherwise unavailable, seven then Landlord shall permit Tenant (7without any obligation on the part of Tenant to do so) days per week access to install replacement generators in the Premises, location of the space where applicable Emergency Generator to be installed and maintained by Tenant at Tenant’s acid neutralization system is located, the common central vacuum sole cost and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, expense subject to the all applicable terms and provisions of this Lease and interruption for External Causes, casualty and condemnationLease.

Appears in 1 contract

Samples: Altus Pharmaceuticals Inc.

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to the Rules and Regulations (as defined in Section 6.3): Regulations, (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mail room, the common stairways, elevators, elevator wellx, xxiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land land that are necessary or reasonably convenient for access to the Building, and all other areas in and amenities of University Park as are made available generally to the occupants of University Park or the general public, (iii) access to, and use of in common with other tenants oftenants, loading and receiving areas area and freight elevatorselevator, janitor's closet, and electrical and telephone closets, all portions of the rooftop Penthouse reserved for Tenant use, provided Tenant has equipment located therein, subject to Rules and Regulations Regulations, as hereinafter defined in Exhibit E, then in effect and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, elevator lobbybridges and appurtenant right to the Premises the right to use portions of the roof of the Building, lavatoriesoutside of the Base Building Penthouse on the roof, as shall be reasonably designed by Landlord for location of Tenant equipment. All Tenant's installations of equipment on the roof and any required interior and/or exterior ducts shall be subject to Landlord's reasonable approval, and freight elevator vestibule located on in no event shall such floor installation exceed the live load, or the Base Building System capacity as allocated to Tenant or University Park design guidelines all as approved by Landlord and permitted under the appropriate building code such approval not to be unreasonably withheld or delayed (collectively, the "Common Areas"). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation.

Appears in 1 contract

Samples: Non Disturbance Agreement (Alkermes Inc)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to reasonable rules of general applicability to tenants and other users of the Rules and Regulations (as defined in Section 6.3Building from time to time made by Landlord of which Tenant is given written notice): (ia) the entrycommon lobbies, vestibulescorridors, main lobby and common locker room/shower room on the first level of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric elevators and telephone closetsloading platform, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures meters and equipment serving the Premises in common with others, ; (iib) common driveways and walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, ; (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (ivc) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common corridorstoilets, vestibules, corridors and elevator lobby, lavatories, and freight elevator vestibule located lobby on such floor and serving the Premises; and (collectivelyd) the parking areas and facilities serving the Building from time to time intended for general use by Tenant, other Building tenants, and visitors, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the “Common Areas”). Without limiting location, layout or type of the foregoingforegoing common areas and facilities, provided that Landlord shall not substantially reduce the number of parking spaces available for use by of tenants (including Tenant) in the parking areas serving the Building (and further provided that Tenant shall have have, on an unreserved basis, the right to use at least 3.5 parking spaces per 1,000 square feet of Rentable Floor Area of the Premises, such parking spaces to be generally available for Tenant's use in the parking areas serving the Building) or otherwise materially reduce the building amenities available to Tenant in the Building as of the date of this Lease. Tenant shall also have, as appurtenant to the Premises, (A) the right to use a portion conference room in the Forefront (subject to availability and pursuant to Landlord's rules and regulations in effect from time to time regarding the use of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenantsuch conference room), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access twice per Lease Year at no cost to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation.

Appears in 1 contract

Samples: Office Lease (Mac-Gray Corp)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevatorselevator, and electrical and telephone closets, all subject to Rules and Regulations then in effect effect, and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-24 hour, seven (7) days day per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal areaelevator, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. After-hours Building access shall be provided via a card reader access system. Landlord shall provide Tenant with all equipment necessary for such after-hours access.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Agios Pharmaceuticals, Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by Landlord of which Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, atrium bridges and walkways, the common stairways, Building shower room, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, to loading and receiving areas area and freight elevators, and electrical and telephone closets, all elevator subject to Rules rules and Regulations regulations then in effect effect, and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, elevator lobby, lavatoriesbridges and walkways, and freight elevator vestibule located on lobby of such floor (collectively, the “Common Areas”)floor. Without limiting the foregoing, Tenant shall also have as an appurtenant right to the Premises, (A) Premises the right to use a portion the walkways adjacent to the atrium of the Building on each floor of the Building, the entire rentable space of which is leased by Tenant, except the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity , for reception and/or greeting areas subject, however, to reasonable rules and regulations of 480 gallons and access general applicability to the control areas therefor as more fully provided in Section 12.16 hereofsuch atrium walkways from time to time made by Landlord of which Tenant shall have been given written notice. Tenant shall have 24-houralso have, seven (7) days per week access as an appurtenant right to the Premises, the space where right to use such portions of the roof of the Building as Tenant shall require for the installation of mechanical equipment, skylights, etc., not exceeding Tenant’s acid neutralization system is located's proportionate share of the capacity thereof in terms of space, the common central vacuum live load limits and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal areaotherwise, subject to Landlord's approval rights pursuant to Section 4. Attached as Exhibit C-3 to the provisions Work Letter is a plan describing the available space on the roof of the Building. Without limitation of anything otherwise provided in this Lease Lease, none of Tenant's installations of equipment on the roof, and interruption any required interior and/or exterior ducts, may exceed the live load limits of the Building established by the Building Code or the Base Building System capacity as allocated to Tenant as specified in Exhibit F. Tenant shall also have the appurtenant right to use any University Park facilities and amenities made available from time to time for External Causesgeneral use by office and R & D tenants of University Park, casualty subject to any reasonable Rules and condemnationRegulations of general applicability promulgated by Landlord from time to time of which Tenant has been given advance written notice.

Appears in 1 contract

Samples: Sublease (Viacell Inc)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, to loading and receiving areas area and freight elevators, and electrical and telephone closets, all elevator subject to Rules and Regulations then in effect effect, and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby, lavatories, and freight elevator vestibule located on lobby of such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereoffloor. Tenant shall have 24-24 hour, seven (7) days day per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, the Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, antennae and dishes which, in each case, have been pre-approved by the Landlord, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice, but only to the extent that the Tenant has assumed responsibility for maintenance and repair thereof. Tenant shall be allocated its proportionate share of available roof and penthouse area for its equipment. Tenant shall be responsible for all costs relating to the installation, maintenance, and removal of said rooftop and penthouse equipment at the expiration or earlier termination of the Term.

Appears in 1 contract

Samples: Lease (Blueprint Medicines Corp)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with othersthe Parking Areas and those roadways and walkways which are both on the Property and necessary for access to the Premises. Such right of Tenant to the Parking Areas and such roadways and walkways shall be exclusively Tenant’s right, subject however to the terms and conditions of this Lease, including, without limitation, the condition that such rights shall be subject to such rules and regulations as may be made by Landlord from time to time as provided for in Section 11.1 of this Lease, “Rules and Regulations (as defined in Section 6.3): Regulations.”, and, with respect to use of the Parking Areas and such roadways and walkways, Tenant acknowledges and confirms that Tenant shall have no right to use any exterior portion of the Property for any purpose other than for (i) the entry, vestibules, main lobby and common locker room/shower room on the first level of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving pedestrian access to the Premises in common conjunction with othersTenant’s use of the Premises for the permitted Use of the Premises, (ii) common walkways parking and driveways situated upon unparking passenger vehicles used by Tenant (and Tenant’s agents, contractors or employees acting with respect to Tenant within the Land that are necessary scope of their agency, contract or reasonably convenient employment) and Tenant’s invitees and licensees in conjunction with Tenant’s use of the Premises for access to the Building, permitted Use of the Premises and (iii) truck access to, in conjunction with moving in and out of the Premises and pickups and deliveries in conjunction with Tenant’s use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all the Premises for the permitted Use of the Premises. Notwithstanding the definition of the “Premises” but subject to Rules all other applicable terms and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area conditions of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”). Without limiting the foregoingthis Lease, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion access the roof and other areas of the first floor Building and the Property as reasonably required to house perform Tenant’s acid neutralization system (which obligations under this Lease. Notwithstanding anything to the contrary elsewhere in this this Lease except as expressly otherwise set forth in Section 27.9 of this Lease, “Tenant’s Antenna”, Tenant shall be operated and maintained by have no right to use the roof of the Building for any purpose other than the placement of mechanical equipment directly related to Tenant), together with access thereto from the common hallway, (B) ’s use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) Premises for the right to use Tenant’s Share permitted Use of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is locatedinstallation, the common central vacuum use, maintenance and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord removal of which such mechanical equipment shall be subject in the refuse disposal area, subject all respects to the provisions terms and conditions of this Lease and interruption for External Causes, casualty and condemnationLease.

Appears in 1 contract

Samples: Lease Agreement (D8 Holdings Corp.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, to loading and receiving areas area and freight elevators, and electrical and telephone closets, all elevator subject to Rules and Regulations then in effect effect, and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby, lavatories, and freight elevator vestibule located on lobby of such floor (collectivelyfloor. Additionally, the “Common Areas”). Without limiting the foregoing, Tenant shall have have, as appurtenant to the Premises, Premises (A) and exclusively for use in connection with the right to use a portion occupancy of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by TenantPremises), together with the nonexclusive right of access thereto from the common hallway, (B) to and proportionate use of the central vacuum system roof for the purpose of installing and compressed air system maintaining mechanical equipment, antennae and dishes which, in common with other tenants entitled theretoeach case, together with access have been pre-approved by the Landlord pursuant to such systemsthe terms of Article IV, and (C) the right subject however, to use Tenant’s Share reasonable rules of general applicability to occupants of the Building’s solvent storage capacity Building from time to time made by the Landlord of 480 gallons and access which the Tenant is given notice, but only to the control areas therefor as more fully provided in Section 12.16 hereof. extent that the Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum has assumed responsibility for maintenance and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnationrepair thereof.

Appears in 1 contract

Samples: Lease (Agios Pharmaceuticals Inc)

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Appurtenant Rights. (a) The Tenant shall have, as appurtenant In addition to the Premises, the nonexclusive right to use in common and occupy the premises, the tenant will want the lease to specify its rights with others, subject respect to the Rules property in which the premises are located. At a minimum, the tenant will need a right of access over the common areas of the building and Regulations (as defined lot. Leases of space in Section 6.3): (i) suburban office parks should address the entrytenant’s parking rights. Typi- cally, vestibulestenants are given the right to use a specified number of parking spaces, main lobby and common locker room/shower room which number is calculated on a formula based on the first level rentable area of the Buildingpremises. In the Boston suburban market, parking ratios range from three to five spaces per 1,000 square feet of rentable floor area in the common stairwayspremises. Most landlords will not designate particular parking spaces for particular tenants, elevatorsbut will want the lease simply to provide that the tenant has the right to use the parking facility, sprinkler roomsup to that tenant’s designated number of spaces, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants ofof the building on a first come, loading first-served basis. The tenant wants to be sure that it will always have access to its full allotment of spaces. As a compromise, leases often provide that the tenant has the “exclusive” right to its share of parking spaces, but that those spaces are “unas- signed.” This approach leaves unstated the tenant’s rights and receiving areas remedies if it routinely finds that its allocated number of spaces are unavailable. Landlords understandably do not wish to become entangled in the expensive and freight elevatorsthankless task of policing the use of an open parking lot. Sophisticated (i.e., hardened by experience) landlords may simply covenant to maintain an overall number of spaces serving the office building or complex, subject to applicable legal requirements, and electrical and telephone closets, all subject not to Rules and Regulations then in effect and (iv) if grant parking rights to nontenants. Where access to the Premises at any time includes less than the entire rentable floor area of any floorparking facility is controlled, the common corridorslandlord can control usage through limiting the issuance of passes, vestibulesaccess cards, elevator lobbyor the like. Under these circumstances, lavatories, and freight elevator vestibule located on such floor (collectivelya landlord can more safely undertake to guarantee the availability of the tenant’s allotted spaces. Where the premises do not include lavatory facilities, the “Common Areas”)lease should give the tenant the appurtenant right to use the common lavatories on the floor or floors of the building containing the premises. Without limiting Generally, the foregoing, Tenant shall tenant should have as appurtenant to the Premises, (A) the right to use a portion all common areas and facilities of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant)building, together with access thereto from the common hallwaysuch as elevators, (B) use of the central vacuum system and compressed air system in common with other tenants entitled theretolobbies, together with access to such systemsloading docks, and (C) the like. Many office buildings now feature health clubs, cafeterias, and conference facilities. The tenant’s attorney should make sure that the lease specifically provides that the tenant and its employees will have the right to use Tenant’s Share these facilities on the same basis as other tenants of the Buildingbuilding or office park. In the current labor market, it is advisable to provide that the tenant’s solvent storage capacity employees and contractors have the right to enjoy tenant’s appurtenant rights under the lease, since many people who formerly would have been employees now legally constitute contractors. The landlord’s form of 480 gallons and access lease usually reserves the landlord’s right to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-houradd to, seven (7) days per week access to the Premisessubtract from, the space where Tenant’s acid neutralization system is located, or change the common central vacuum areas of the building and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, land. The tenant should insist that this right be subject to the provisions restriction that the common areas always be at least functionally equivalent to the common areas existing as of this Lease the date of the lease. A tenant that leased space in a given building based on the spacious atrium would be upset if that space were walled off and interruption for External Causes, casualty and condemnationconverted to offices.

Appears in 1 contract

Samples: Agreement

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with othersthe Parking Areas and those roadways and walkways which are both on the Property and necessary for access to the Premises. Such right of Tenant to the Parking Areas and such roadways and walkways shall be exclusively Tenant’s right, subject however to the terms and conditions of this Lease, including, without limitation, the condition that such rights shall be subject to such rules and regulations as may be made by Landlord from time to time as provided for in Section 11.1 of this Lease, “Rules and Regulations (as defined in Section 6.3): Regulations.”, and, with respect to use of the Parking Areas and such roadways and walkways, Tenant acknowledges and confirms that Tenant shall have no right to use any exterior portion of the Property for any purpose other than for (i) the entry, vestibules, main lobby and common locker room/shower room on the first level of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving pedestrian access to the Premises in common conjunction with othersTenant’s permitted Use of the Premises, (ii) common walkways parking and driveways situated upon unparking passenger vehicles used by Tenant (and Tenant’s agents, contractors or employees acting with respect to Tenant within the Land that are necessary scope of their agency, contract or reasonably convenient employment) and Tenant’s invitees and licensees in conjunction with Tenant’s use of the Premises for access to the Building, Tenant’s Permitted Use and (iii) truck access to, in conjunction with moving in and out of the Premises and pickups and deliveries in conjunction with Tenant’s use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all the Premises for the permitted Use of the Premises. Notwithstanding the definition of the “Premises” but subject to Rules all other applicable terms and Regulations then in effect and (iv) if conditions of the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”). Without limiting the foregoingLease, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion access the roof and other areas of the first floor Building and the Property as reasonably required to house perform Tenant’s acid neutralization system (which obligations under the Lease. Notwithstanding anything to the contrary elsewhere in this this Lease except as expressly otherwise set forth in Section 27.9 of this Lease, “Tenant’s Antenna”, Tenant shall be operated and maintained by Tenant), together with access thereto from have no right to use the common hallway, (B) roof of the Building for any purpose other than the placement of mechanical equipment directly related to Tenant use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) Premises for the right to use Tenant’s Share permitted Use of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is locatedinstallation, the common central vacuum use, maintenance and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord removal of which such mechanical equipment shall be subject in the refuse disposal area, subject all respects to the provisions terms and conditions of this Lease and interruption for External Causes, casualty and condemnationLease.

Appears in 1 contract

Samples: Lease Agreement (OvaScience, Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use use, and permit its invitees to use, in common with othersLandlord and other tenants and occupants of the Property, subject to the Rules reasonable rules and Regulations regulations from time to time made by Landlord of which Tenant is given notice: (as defined in Section 6.3): (ia) the entrycommon lobbies, vestibules, main lobby toilets and common locker room/shower room on the first level corridors of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, Building and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with othersPremises, (iib) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, and (iiic) the common parking areas serving the Building (i.e., parking areas not designated by suitable markings or otherwise as exclusive parking spaces for other tenants in the Building) all of which are hereinafter known as the "Common Areas". Tenant shall lease from Landlord up to thirty-seven (37) parking spaces for Tenant's exclusive use that are located at the on-site parking facility (the "Tenant Parking") at the monthly rent of $190.00/month per parking space, for the spaces in use, as such rate may be changed from time to time (the "Parking Fee"). Tenant shall pay the Parking Fee to Landlord on the first day of each month in advance and such Parking Fee shall be deemed Additional Rent hereunder. Landlord reserves the right to relocate the Tenant Parking to a potential future parking structure owned by Landlord and within a five minute walk from the Building upon reasonable notice to Tenant. Tenant shall also have access toto a shared loading dock, and shall have the exclusive right to use of a tailboard loading dock freight elevator serving the Premises. To assist Landlord in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, preserving the common corridorsparking area, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, Landlord reserves the “Common Areas”)right to require Tenant to cause its employees to affix to their vehicles an identification sticker as furnished by Landlord as evidence that they are entitled to use said parking area. Without limiting the foregoingFurther, Tenant shall have as appurtenant furnish to Landlord, upon Landlord's request at reasonable intervals, the license plate numbers of vehicles of employees of Tenant who are principally employed at the Premises, (A) . Landlord reserves the right from time to use a portion of the first floor to house Tenant’s acid neutralization system time, upon not less than two (2) days prior notice which may be oral (except for emergency situations, where no prior notice shall be operated and maintained by Tenantrequired, provided Landlord shall notify Tenant after such entry has occurred), together without unreasonable interference with access thereto from the common hallway, (B) Tenant's use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week or access to the Premises: (a) to install above a dropped ceiling (when applicable), use, maintain, repair, replace and relocate for service to the space where Tenant’s acid neutralization system is locatedPremises and/or other parts of the Building, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common central vacuum facility, (c) to make any repairs and compressed air systems, control areas for solvent storage, freight loading docks and freight elevatorsreplacements to the Premises which Landlord may deem necessary, and (d) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the dumpster and/or compactor provided Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same. Tenant shall install and maintain, as Landlord may reasonably require, proper access panels in any hung ceilings or walls as may be installed by Landlord Tenant in the refuse disposal area, subject Premises to afford access to any facilities above the provisions of this Lease and interruption for External Causes, casualty and condemnationceiling or within or behind the walls.

Appears in 1 contract

Samples: Lease (908 Devices Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right rights to use in common with others, (subject to the Rules reasonable rules of general applicability to tenants and Regulations (as defined in Section 6.3): (i) the entry, vestibules, main lobby and common locker room/shower room on the first level other users of the Building, if any, from time to time made by Landlord of which Tenant is given written notice): (a) the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment loading platform serving the Premises Building (and Tenant’s rights thereto shall be exclusive [subject to use by Landlord in common connection with others, Landlord’s obligations under this Lease] so long as Tenant leases one hundred percent [100%] of the Rentable Area of Building); (iib) common driveways and walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building; (c) the roof of the Building for telecommunications antennae; (d) the parking areas (as the same are shown on the attached Exhibit A-2; and such areas shall maintain a parking ratio of at least 3.5 spaces per 1,000 rentable square feet of the Premises) (it being agreed that fifteen (15) of such spaces shall be designated for exclusive use by Tenant for visitor parking, which fifteen (iii15) access toparking spaces shall be mutually agreed upon by Landlord and Tenant) and facilities serving the Building from time to time intended for general use by Tenant, other Building tenants (if any), and visitors, subject to reasonable rules from time to time made by Landlord of which Tenant is given notice; and (e) any other facilities generally available to tenants in the Xxxxx Xxxxx Office Park, subject to reasonable rules from time to time in effect of which Tenant is given notice. Landlord shall maintain the common areas and facilities in good order and condition. In addition, Landlord hereby grants Tenant the right to access 000 Xxxxx Xxxxxx from 000 Xxxxx Xxxxxx for the use of the fitness facility and other amenities which may be available in the Xxxxx Xxxxx Office Park from time to time, which right of access shall be constructed as part of Landlord’s Work. Nothing contained in the Lease shall prohibit or otherwise restrict Landlord from changing, from time to time, without notice to Tenant, the location, layout or type of the forgoing common with other tenants of, loading and receiving areas and freight elevatorsfacilities, provided that no such change shall materially and electrical adversely affect Tenant’s appurtenant rights set forth in this Section 2.2 and telephone closets, all subject to Rules and Regulations then in effect and Landlord shall not substantially reduce the number of parking spaces available for use of tenants of Xxxxx Xxxxx Office Park or the parking ratio set forth above by more than five (iv5) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”)parking spaces. Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use the existing emergency generator left by a portion former tenant of the first floor Building (the “Emergency Generator”) for backup power to house the Premises. Landlord makes no representation or warranty with respect to the Emergency Generator, including without limitation as to its condition or suitability for Tenant’s acid neutralization system (which uses. Tenant shall be operated responsible for the maintenance of the Emergency Generator and Landlord shall have no obligation with respect thereto. If for any reason the Emergency Generator ceases to operate or is otherwise unavailable, then Landlord shall permit Tenant (without any obligation on the part of Tenant to do so) to install a replacement generator in the location of the Emergency Generator to be installed and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant at Tenant’s Share of the Building’s solvent storage capacity of 480 gallons sole cost and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, expense subject to the all applicable terms and provisions of this Lease and interruption for External Causes, casualty and condemnationLease.

Appears in 1 contract

Samples: Office Lease (Altus Pharmaceuticals Inc.)

Appurtenant Rights. The Leased Premises and Ground Area shall also include all appurtenant rights now or at any time hereafter during the term of this Lease necessary for the continued use and enjoyment thereof by Tenant and shall specifically include as appurtenant thereto the right for Tenant and all his agents, employees, guests and invitees to use (in common with others entitled to the use thereof) (a) The Tenant shall haveall entrances, as appurtenant lobbies, walkways, corridors, which now or hereafter afford access to the Premises, Leased Premises and the nonexclusive right to use in common with others, subject to the Rules Building of which it is part and Regulations (as defined in Section 6.3): (ib) the entry, vestibules, main lobby and common locker room/shower room on the first level of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Leased Premises and the Existing Building. The term Leased Premises wherever used herein, shall include any and all structures, parking facilities and common facilities built therein, or as they may, from time to time, be reduced by eminent domain takings or dedications to public authorities.Tenant shall also have the right as appurtenant to the Leased Premises to the exclusive access as can be reasonably enforced by the Landlord for motor vehicles to drive around the southerly side of the Building for access to a driveup facility on the easterly side of the Building and exit on Lakeview Avenue as shown in common Exhibit A. It will be fully understood by all other tenants that such area shall be for the exclusive use of the Tenant, except that loading docks or loading operations of other tenants may take place in this area on days Tenant is closed for business and on days Tenant is open for business, if prior to 8:00 A.M. or after Tenant's closing for retail business, all such load operations to be pursuant to such regulations established by Landlord which will attempt to minimize interference with othersthe normal operation of a banking facility. Landlord shall inform all subsequent tenants either by lease or separate letter of Tenant's exclusive use of the drive up access and facility, (ii) common walkways subject to loading dock and driveways situated upon loading operation rights. Tenant shall also have the Land that are necessary or reasonably convenient right as appurtenant to the Ground Area to the use of access for motor vehicles for access to the drive up facility attached to the Existing Building, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight elevator vestibule located on such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall also have the nonexclusive right, as appurtenant to the Premises, (A) the right Leased Premises to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system parking spaces as described in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation.Article 10.10

Appears in 1 contract

Samples: Enterprise Bancorp Inc /Ma/

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premisespremises, the nonexclusive right rights to use in common common, with othersothers entitled thereto, subject to the Rules and Regulations reasonable rules from time to time made by Landlord of which Tenant is given notice; (as defined in Section 6.3): (ia) the entrycommon lobbies, vestibuleshallways, main lobby stairways and common locker room/shower room on the first level elevators of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises premises in common with others, (iib) common walkways and driveways situated upon the Land that are roadways necessary or reasonably convenient for access to the Building, (iii) access toBuilding and the parking areas described below, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (ivc) if the Premises at any time includes premises include less than the entire rentable floor area of any floor, the common corridorstoilets and other common facilities of such floor; and no other appurtenant rights or easements. Notwithstanding anything to the contrary herein or in the Lease contained, vestibulesLandlord has no obligation to allow any particular telecommunication service provider to have access s to the Building or to Tenant's premises. If Landlord permits such access, elevator lobbyLandlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord in its sole discretion. As of the Execution Date of this Lease, lavatoriesthere are 3.5 parking spaces in the surface parking lot and in the adjacent parking garage ("Garage") which are owned by Landlord and are designated for use by the tenants in the Building for every 1,000 square feet of the Building Total Rentable Area (as defined in Exhibit 1). Nothing contained in the Lease shall prohibit or otherwise restrict Landlord From changing, and freight elevator vestibule located on such floor (collectivelyfrom time to time, following notice to Tenant, the “Common Areas”)location, layout or type of such parking areas, provided that Landlord shall not, except as required by law or by takings, reduce the number of parking spaces available for such tenants' use or relocate the parking spaces to a lot or garage more distant from the Building. Without limiting the foregoingSubject to reasonable rules from time to time made by Landlord of which Tenant is given at least ten (10) days prior written notice, Tenant shall have as appurtenant to the Premisesright, (A) in common with all other tenants of the right Building, to use such parking areas, without charge, on a portion first-come first- served basis. The parties acknowledge that Landlord shall have no obligation to Tenant to police the use of said parking spaces; however, Landlord may implement systems, as Landlord deems fit to monitor the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnationsurface parking lot.

Appears in 1 contract

Samples: Edocs Inc

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to the Rules and Regulations (as defined in Section 6.3): (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, the common stairways, elevators, sprinkler rooms, mechanical rooms, electric and telephone closets, Tenant’s Proportionate Share (as set forth in Exhibit A) of the use of the existing Building life-safety emergency generator (which shall be maintained and replaced by Landlord from time to time as required) and of the use of the stand-by generator that Landlord will have installed in the Building by no later than Rent Commencement Date and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, loading and receiving areas and freight elevators, and electrical and telephone closets, all subject to Rules and Regulations then in effect and (iv) if the Premises at any time includes less than the entire rentable floor area of any floor, the common corridors, vestibules, elevator lobby, lavatories, and freight Sleight elevator vestibule located on such floor (collectively, the “Common Areas”). Tenant and its authorized contractors and cleaning personnel shall have 24 hour, seven day per week access to the Premises, freight loading area and disposal areas and freight elevators, all at no additional cost and subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant)) and Tenant’s solvent storage needs, together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system (installed and maintained by Landlord) in common with other tenants entitled thereto, together with access to such systems, the cost of which shared systems shall be part of Operating Expenses (provided that, in the event that Tenant shall create one or more of its own independent system for vacuum and/or compressed air as part of its leasehold improvements, Tenant shall not be obligated to share in costs related to the shared systems as part of Tenant’s Operating Expenses Allocable to the Premises, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereof. Tenant shall have 24-hour, seven (7) days per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks area and disposal areas and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, all at no additional cost and subject to the provisions of this Lease rules and regulations set forth in Exhibit P and interruption for External Causes, casualty and condemnation.

Appears in 1 contract

Samples: Disturbance Agreement (Beam Therapeutics Inc.)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, to loading and receiving areas area and freight elevators, and electrical and telephone closets, all elevator subject to Rules and Regulations then in effect effect, and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby, lavatories, and freight elevator vestibule located on lobby of such floor (collectively, the “Common Areas”). Without limiting the foregoing, Tenant shall have as appurtenant to the Premises, (A) the right to use a portion of the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, (B) use of the central vacuum system and compressed air system in common with other tenants entitled thereto, together with access to such systems, and (C) the right to use Tenant’s Share of the Building’s solvent storage capacity of 480 gallons and access to the control areas therefor as more fully provided in Section 12.16 hereoffloor. Tenant shall have 24-24 hour, seven (7) days day per week access to the Premises, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevators, and the dumpster and/or compactor provided by Landlord in the refuse disposal area, subject to the provisions of this Lease and interruption for External Causes, casualty and condemnation. Landlord shall provide Tenant with access cards for after-hours access. Additionally, Tenant shall have, as appurtenant to the Premises (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of the roof for the purpose of installing and maintaining mechanical equipment, antennae and dishes which, in each case, have been pre-approved by the Landlord, subject however, to reasonable rules of general applicability to occupants of the Building from time to time made by the Landlord of which the Tenant is given notice, but only to the extent that the Tenant has assumed responsibility for maintenance and repair thereof. Tenant shall be allocated its proportionate share of available roof and penthouse area for its equipment. Tenant shall be responsible for all costs relating to the installation, maintenance, and removal of said rooftop and penthouse equipment at the expiration or earlier termination of the Term.

Appears in 1 contract

Samples: Non Disturbance Agreement (Blueprint Medicines Corp)

Appurtenant Rights. (a) The Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use in common with others, subject to reasonable rules of general applicability to occupants of the Rules and Regulations (as defined in Section 6.3): Building from time to time made by the Landlord of which the Tenant is given notice: (i) the entry, vestibules, vestibules and main lobby and common locker room/shower room on the first level of the Building, first floor mailroom, the common stairways, elevators, elevator xxxxx, boiler room, elevator rooms, sprinkler rooms, mechanical rooms, electric and telephone closets, janitor closets, loading docks and bays, rooftop mechanical penthouses and shafts to the extent they house Building equipment, and the pipes, sprinklers, ducts, conduits, wires and appurtenant fixtures and equipment serving the Premises in common with others, (ii) common walkways and driveways situated upon the Land that are necessary or reasonably convenient for access to the Building, (iii) access to, and use of in common with other tenants of, to loading and receiving areas area and freight elevators, and electrical and telephone closets, all elevator subject to Rules and Regulations then in effect effect, and (iv) if the Premises at any time includes include less than the entire rentable floor area of any floor, the common toilets, corridors, vestibules, and elevator lobby, lavatories, and freight elevator vestibule located on lobby of such floor (collectivelyfloor. Additionally, the “Common Areas”). Without limiting the foregoing, Tenant shall have have, as appurtenant to the Premises and at no additional cost (and exclusively for use in connection with the occupancy of the Premises), the nonexclusive right of access to and proportionate use of: (A) the right to use a portion of first floor, ground floor, and sub-level mechanical space (the first floor to house Tenant’s acid neutralization system (which shall be operated and maintained by Tenant), together with access thereto from the common hallway, “First Floor Mechanical Space”) as shown on Exhibit B-3; (B) use the existing Bulk Storage Space (as shown on Exhibit B-3) for the storage of the central vacuum system and compressed air system in common with one or more tanks of nitrogen or other tenants entitled thereto, together with access to such systems, laboratory gas; and (C) the right roof and penthouse for the purpose of installing and maintaining HVAC equipment, emergency generators, mechanical equipment, antennae, satellite dishes and the like, subject however, to use (i) Landlord’s pre-approval regarding the location of Tenant’s Share equipment and installation specifications, such approval not to be unreasonably withheld or delayed, (ii) reasonable rules of general applicability to occupants of the Building’s solvent storage capacity Building from time to time made by the Landlord of 480 gallons which the Tenant is given notice; and access to the control areas therefor as more fully provided in Section 12.16 hereof(iii) applicable laws. Tenant shall have 24-hour, seven (7) days per week access be responsible for all costs relating to the Premisesinstallation, the space where Tenant’s acid neutralization system is located, the common central vacuum and compressed air systems, control areas for solvent storage, freight loading docks and freight elevatorsmaintenance, and removal of said rooftop and penthouse equipment at the dumpster expiration or earlier termination of the Term; provided, however, Landlord agrees to state in writing simultaneously with its approval of the installation of any rooftop and/or compactor provided by Landlord in penthouse equipment the refuse disposal area, subject extent to which Tenant will need to remove the provisions equipment at issue upon the expiration or earlier termination of this Lease and interruption for External Causes, casualty and condemnationthe Term.

Appears in 1 contract

Samples: Lease (Agios Pharmaceuticals Inc)

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