Common use of Fitness Center Clause in Contracts

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center and the shower facility located at the Project (collectively, the “Fitness Center”). No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxxhowever, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without LandlordLxxxxxxx’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject A fitness center exists within the Project and, to the provisions of this Sectionextent it is open and operating, so long as Tenant is not in Default under this Lease, available for Sublessee’s use at no additional cost on the terms and conditions provided Tenantherein. Sublessee’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center fitness center shall be subject to all the rules and regulations of the Master Lessor. Sublessor does not represent or warrant to Sublessee that Master Lessor will continue to open and operate the fitness center for the tenants of the Project. The continued availability of the fitness center shall not be a condition precedent to this Sublease, and the failure of the fitness center to be available to Sublessee shall have no effect upon this Sublease or the rent payable by Sublessee to Sublessor under this Sublease. Except to the extent caused by the active negligence or willful misconduct of Sublessor, its agents, employees or contractors, Sublessor shall not be liable to Sublessee, or its employees, agents, contractors, sublessees, assignees or invitees, and Sublessee, as a material part of the consideration to be rendered to Sublessor under this Sublease, waives all such claims against Sublessor, for any damage to personal property or injury to persons in or about the fitness center and/or the Project from any cause whatsoever arising at any time, including, but not limited to, any damage or injury to any Sublessee employee, agent, contractor, sublessee, assignee or invitee using the fitness center or Project. Except to the extent caused by the active negligence or willful misconduct of Sublessor (or Master Lessor), its agents, employees or contractors, Sublessee shall indemnify, protect, defend with counsel reasonably acceptable to Sublessor (or Master Lessor) and hold harmless Sublessor) or Master Lessor) from and against any and all claims, liabilities, judgments, causes of action, damages, costs and expenses (including rules regarding hours of use) established from time to time reasonable attorneys’, consultants’ and experts’ fees), caused by the Fitness Center operator. Landlord and Tenant acknowledge that or arising in connection with the use of the Fitness Center fitness center by Sublessee, its agents, employees, contractors, sublessee, assignees or invitees, including, without limitation, any claims asserted or caused by Sublessee’s employees. The foregoing release and indemnity shall survive the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions expiration or earlier termination of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionSublease.

Fitness Center. Subject to the provisions of this SectionSection 29.36, so long as Tenant is not in Default default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center in the building located on the first (I’’) floor of the building located at 000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx, or similar facilities serving the Project (collectively, the “Fitness Center”) during the initial Lease Term. The costs of operating, maintaining and supplying the Fitness Center shall be included in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, XxxxxxxxxxOperating Expenses. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) that may be established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.1 of this Lease shall apply to Tenant and the Fitness Center Users’ use of the Fitness Center. Tenant shall not permit any person other than the Fitness Center Users to use the Fitness Center without the prior written approval of Landlord or Landlord’s representative. All Fitness Center Users and approved guests must have pre-authorized keycards to enter the Fitness Center. Fitness Center Users’ keycards shall not be shared and shall only be used by the individual to whom such keycard was issued. Failure to abide by this rule may result in immediate termination of such Fitness Center User’s right to use the Fitness Center. Tenant acknowledges that the provisions of this Section 29.36 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. In addition, in the event that Landlord no longer owns the building(s) in which the Fitness Center is located, the rights of this LeaseTenant and the Fitness Center Users to use the Fitness Center may, at Landlord’s option, be terminated. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights right to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, or constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this SectionSection 29.36, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center in the building located on the first (1st) floor of the building located at 000 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx, or similar facilities serving the Project (collectively, the “Fitness Center”) during the Lease Term. The costs of operating, maintaining and supplying the Fitness Center shall be included in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, XxxxxxxxxxOperating Expenses. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) that may be established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.1 of this Lease shall apply to Tenant and the Fitness Center Users’ use of the Fitness Center. Tenant shall not permit any person other than the Fitness Center Users to use the Fitness Center without the prior written approval of Landlord or Landlord’s representative. All Fitness Center Users and approved guests must have pre-authorized keycards to enter the Fitness Center. Fitness Center Users’ keycards shall not be shared and shall only be used by the individual to whom such keycard was issued. Failure to abide by this rule may result in immediate termination of such Fitness Center User’s right to use the Fitness Center. Tenant acknowledges that the provisions of this Section 29.36 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. In addition, in the event that Landlord no longer owns the building(s) in which the Fitness Center is located, the rights of this LeaseTenant and the Fitness Center Users to use the Fitness Center may, at Landlord’s option, be terminated. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights right to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, or constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center and the shower facility located at the Project (collectively, the “Fitness Center”). No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxxhowever, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this SectionSection 25.13, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx 000 Xxxxxxxxx Xxxxx, Xxxxxxx XxxxxXxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.1 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. The costs of operating, maintaining and repairing the Fitness Center may be included as part of Expenses. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. In addition, in the event Landlord no longer owns the building located at 000 Xxxxxxxxx Xxxxx, Xxxxxxx Xxxx, Xxxxxxxxxx, the rights of Tenant and the users of the Fitness Center to use the Fitness Center may, at Landlord’s option, be terminated. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, or constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to During the provisions Lease Term, Tenant and the employees of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used located at the Fitness Center (hereinafter defined) and pay Premises shall have the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled right to use the KINETIC fitness center (the “Fitness Center”) situated in the building located at 600 Xxxxxxx 0000 Xxxxx Xxxxx Xxxxxx Xxxxxin San Xxxx (the “Parcel C Building”, Xxxxxxx Xxxxxwhich was constructed on Parcel C as shown on the Parcel Map attached hereto as Exhibit F-2) and designated by Landlord for the common use of all tenants of the Building (and the tenants of the Parcel C Building). Tenant and its employees’ right to use such fitness center shall be on a non-exclusive and as available basis with others who are entitled to use the fitness center, Xxxxxxxxxxsubject to Landlord’s right to reasonably regulate, manage and restrict improper use of the facility. Prior to Tenant or its employees using the fitness center, Tenant shall cause such applicable employee desiring to use the fitness center to execute an Informed Consent Waiver and Release of Liability in a reasonable market based form prepared by Landlord. Landlord shall be entitled to prohibit any employee(s) of Tenant from using the fitness center if such applicable employee(s) fails or refuses to execute such Informed Consent Waiver and Release of Liability. The use of the Fitness Center fitness center shall be subject to the reasonable, non-discriminatory rules and regulations (including rules regarding hours of useuse for the tenants and their respective employees and other occupants of the Building, execution of Landlord’s standard waiver of liability form by users, etc.) reasonably established from time to time by Landlord for such facilities. Landlord shall have no liability whatsoever with respect to the presence, condition or availability of such fitness center, and Tenant hereby waives all claims against Landlord with respect to same except for claims arising from the gross negligence or willful misconduct of Landlord (subject to the limitations set forth in Section 8.7 above). The costs of operating, maintaining, cleaning and repairing the fitness center (including, without limitation, the cost of any third-party operator hired or retained to manage or operate the fitness center) may be included as part of Exterior Common Area Operating Expenses and Tenant shall pay Tenant’s percentage share of such Exterior Common Area Operating Expenses pursuant to the provisions of Paragraph 12 below. Tenant shall be responsible for all damage to the fitness center and its equipment, fixtures and furnishings other than normal wear and tear, which results from Tenant’s or any of its employees’ use or misuse of the fitness center (and to the extent such damage is not covered by insurance proceeds payable to Landlord). The Fitness Center shall be subject to temporary closures for repairs and maintenance, and closures due to any event of casualty, events outside of the reasonable control of Landlord, or emergency. Landlord reserves the right to control the manner in which the Fitness Center operator. is maintained and operated, and to make alterations or additions to, or to relocate (but not eliminate) the Fitness Center; provided that Landlord shall continue to operate and Tenant acknowledge that the use of maintain, or cause to be operated and maintained, the Fitness Center consistent with current practices and commensurate with the maintenance provided by reasonably prudent owners of Comparable Buildings with a fitness center located therein. No expansion, contraction, elimination, unavailability or modification of the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center center shall entitle Tenant to an abatement in Base Rent or reduction in Basic Rent, Additional Rent or constitute a constructive eviction, eviction or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject Landlord may, from time to the provisions of this Sectiontime in its sole discretion, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used maintain an exercise facility at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center Project (the “Fitness Center”) for use, on a non-exclusive basis, by the occupants of the Project and any other individuals approved by Landlord. So long as Tenant is not in default under this Lease (beyond the building located applicable notice and cure periods), Tenant and its employees (in such capacity, the "Fitness Center Users") are hereby permitted to use the Fitness Center, provided that such Fitness Center Users execute Landlord’s standard waiver of liability and release form, and otherwise satisfy the conditions identified hereinbelow. Landlord shall have the right at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxany time to require that a new standard waiver of liability and release form be signed by any of the Fitness Center Users as a condition of any further use of the Fitness Center by any of the Fitness Center Users. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Article 10 of this Lease shall apply to the use of the Fitness Center by the Fitness Center Users or the use of any equipment located therein by the Fitness Center Users (whether or not authorized), whether or not such persons have properly executed Landlord's standard form waiver of liability and release form. Tenant shall be solely responsible for the proper use of the Fitness Center and the equipment located therein by the Fitness Center Users. Tenant agrees and acknowledges that Landlord shall provide no supervision of use of the Fitness Center made by the Fitness Center Users. In the event that Tenant becomes aware of any defect, damage to or other problem with the equipment in the Fitness Center, or any other unsafe condition in the Fitness Center, Tenant shall immediately notify Landlord in writing of such condition. Tenant acknowledges that the provisions of this Section 29.34 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, in Landlord’s sole and absolute discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of this Leasethe Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any Any and all actions or causes of action for personal injury or property damage occurring fees, costs and expenses relating to Tenant or its employees or agents arising as a result of the use of the Fitness Centeroperating, or any activities incidental theretomanaging, wherever or however the same may occur, owning and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use maintaining the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionincluded as part of Operating Expenses.

Fitness Center. Subject Landlord and Tenant agree that, within the Premises on floor P-2.5 of the Building, as part of Landlord’s Work, and subject to the provisions schedule and deadlines relating to the substantial completion of this SectionLandlord’s Work, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute Landlord will construct a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) for the exclusive use of the office tenants in the building located Building, subject to the following terms and conditions: (i) the Fitness Center will be on floor P-2.5 of the Building at 600 Xxxxxxx Xxxxxx Xxxxxa location determined by Landlord, Xxxxxxx Xxxxxwhich location will be within the “Building Amenity Area” identified on Exhibit T, Xxxxxxxxxx. The use attached hereto; (ii) the Fitness Center’s size will be reasonably determined by Landlord, and, once determined, any portion of the “Building Amenity Area” identified on Exhibit T, attached hereto, that does not constitute the Fitness Center (and its associated restroom, locker room and shower facilities) and common corridors from the Fitness Center to the main elevator lobby on floor P-2.5 shall be incorporated into the Premises under this Lease (and the Net Rentable Area of the Premises, the Base Rent, the Tenant Improvement Allowance, Tenant’s Share and other provisions of this Lease based on the Net Rentable Area of the Premises shall be revised by means of an amendment to this Lease prepared by Landlord); (iii) Tenant shall not be entitled to the portion of the Tenant Improvement Allowance allocated to the Fitness Center (i.e., the amount of the Tenant Improvement Allowance set forth in the Basic Lease Information of this Lease will be reduced by an amount equal to One Hundred Ten and 00/100 Dollars per square foot multiplied by the Net Rentable Area of the Fitness Center), and such amount shall be retained by Landlord and shall not be available for disbursement to Tenant pursuant to the Work Agreement; (iv) the Fitness Center will be constructed, improved, fixtured and equipped as a first-class fitness center using equipment, materials and finishes selected by Landlord, which are typically found in Comparable Buildings and consistent with the buildout of the fitness center constructed by an affiliate of Landlord at OB1 within the Project (including but not limited to similar fitness equipment and similarly improved and equipped male and female showers and locker rooms); (v) Landlord shall be responsible for all costs and expenses to design, permit, construct, improve and fully equip the Fitness Center, with such costs not being deducted from the Tenant Improvement Allowance (other than as set forth in subsection (iii) hereinabove); (vi) Landlord shall maintain and repair, and replace equipment and improvements as needed, the Fitness Center to a standard found in Comparable Buildings with Tenant having access 24 hours a day every day of the year, provided that the costs to maintain and repair the Fitness Center shall be included as Operating Costs (but subject to the rules exclusions thereto set forth in this Lease), and regulations further provided that Tenant shall reimburse Landlord within thirty (including rules regarding hours 30) days following Landlord’s invoice therefor for the full cost of use) established from time any repairs (whether made to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use physical condition of the Fitness Center by or with respect to any equipment located therein) necessitated due to the acts or omissions of Tenant, or Tenant’s employees, guests and/or invitees; (vii) Tenant shall have no obligation to remove the Fitness Center Users shall be at their own risk. Tenant acknowledges that upon the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result Expiration Date of the use Term; and (viii) upon reasonable prior written notice to Landlord, Tenant shall have the right to request that Landlord obtain the services of a third-party operator for the Fitness Center, or any activities incidental thereto, wherever or however and Landlord shall consider such request based on the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any then-standard practice of its officers, agents, servants or employees for any said causes owners of action. It is the intention of Tenant Comparable Buildings with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionunsupervised fitness centers offered as a building amenity.

Fitness Center. Subject to the provisions of this SectionSection 29.36, so long as Tenant is not in Default default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center in the building located on the first (lst) floor of the building located at 100 Xxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx, or similar facilities serving the Project (collectively, the “Fitness Center”) during the initial Lease Term. The costs of operating, maintaining and supplying the Fitness Center shall be included in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, XxxxxxxxxxOperating Expenses. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) that may be established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.1 of this Lease shall apply to Tenant and the Fitness Center Users’ use of the Fitness Center. Tenant shall not permit any person other than the Fitness Center Users to use the Fitness Center without the prior written approval of Landlord or Landlord’s representative. All Fitness Center Users and approved guests must have pre-authorized keycards to enter the Fitness Center. Fitness Center Users’ keycards shall not be shared and shall only be used by the individual to whom such keycard was issued. Failure to abide by this rule may result in immediate termination of such Fitness Center User’s right to use the Fitness Center. Tenant acknowledges that the provisions of this Section 29.36 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. In addition, in the event that Landlord no longer owns the building(s) in which the Fitness Center is located, the rights of this LeaseTenant and the Fitness Center Users to use the Fitness Center may, at Landlord’s option, be terminated. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights right to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, or constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject Landlord covenants and agrees to make the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC planned fitness center in the Building (the “Fitness Center”) available throughout the Lease Term for use by Tenant and other tenants in the building located at 600 Xxxxxxx Xxxxxx XxxxxBuilding as part of the Common Areas. Notwithstanding anything to the contrary contained in this Lease, Xxxxxxx Xxxxxall costs and expenses of any kind or nature associated with the operation, Xxxxxxxxxx. The use maintenance or repair of the Fitness Center including, without limitation, maintenance, repairs, replacements, equipping, utilities, janitorial, trash and rubbish removal, shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by included in Operating Costs. Landlord shall keep the Fitness Center operatorin good operating condition, commensurate with the condition of similar fitness centers in similar buildings in the market in which the Building is located. Landlord Tenant’s employees, licensees and Tenant acknowledge that the use of invitees shall have access to the Fitness Center by during Normal Business Hours throughout the Lease Term, subject to (i) Landlord’s right to close the Fitness Center Users for a reasonable time for cleaning, maintenance and security purposes, and (ii) Tenant obtaining a release on Landlord’s standard release form from each Tenant Controlled Party that will access the Fitness Center (“Tenant Fitness Center Users”) prior to any such Tenant Fitness Center User accessing the Fitness Center. Landlord shall not be at their own riskobligated to have personnel on site in the Fitness Center. Tenant acknowledges that the provisions of this Section Except as specifically provided above, Landlord has not made and shall not be deemed to be a have made any representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Leasewarranty, and no termination of Tenant’s express or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rentimplied, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center, anything contained therein or the operation thereof. Tenant shall indemnify, defend and hold Landlord and Landlord’s partners, employees, representatives, agents, successors and assigns, harmless from and against any and all lost, cost, expense, claims and liabilities of any kind, including without limitation, those related to personal injury, death, or destruction of property, and reasonable attorneys’ fees and related costs, to the extent any of the foregoing arise from or relate to the use by Tenant Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use Users of the Fitness Center shall belong solely or any equipment or thing therein, except to Tenant and may not be transferred the extent the same arise from or assigned without relate to the negligence or willful misconduct of Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions casualty, condemnation and Legal Requirements and periodic closures as a result of this SectionForce Majeure Causes or for repairs, so long as Tenant is not in Default under this Leasemaintenance, and provided Tenant’s employees execute a standard waiver renovations and improvements (all of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeforegoing, then Tenant’s employees (collectively, the “Fitness Center UsersPermitted Amenity Closures”) ), during the Term, Tenant shall be entitled have access, free of charge, to use the KINETIC a tenant-only fitness center (the “Fitness Center”) in the building Building solely for use by Tenant and Tenant’s (and any subtenant’s) employees that are located at 600 Xxxxxxx Xxxxxx Xxxxxwithin the Premises (e.g., Xxxxxxx Xxxxxit is not the intention that employees who are not primarily and actively working within the Premises shall utilize the Fitness Center, Xxxxxxxxxxsuch as remote employees or employees who primarily work from another location outside of the Premises). The use Additional fitness services (e.g., classes, personal training, etc.) may be available for a fee. All costs of operating and maintaining the Fitness Center shall be included in Operating Expenses (including Operating Expenses in the Base Year); provided, any salaries and benefits of trainers and similar personnel conducting paid classes shall not be included in the calculation of Operating Expenses (provided, the portion of such salaries and benefits of such trainers and similar personnel allocable to any time that such parties shall not be conducting paid classes and are otherwise performing general duties with respect to the Fitness Center shall be includable in Operating Expenses). Use of the Fitness Center shall be subject to the such reasonable rules and regulations (as Landlord may from time-to-time promulgate, including rules regarding hours of use) established from time and regulation specifically applicable to time by the Fitness Center. Notwithstanding the foregoing to the contrary, Landlord shall have the right, in Landlord’s sole discretion, to alter, modify or relocate the Fitness Center operator. in the Office Unit as Landlord determines; provided, subject to the Permitted Amenity Closures, and for so long as Tenant acknowledge that is permitted to utilize the use of same pursuant to this Section 11(a), Landlord shall make available the Fitness Center by to Tenant pursuant to the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions terms of this Section 11(a) throughout the term of this Lease and shall maintain and repair the same in a first-class condition and manner, including first-class equipment (provided, such “first-class equipment” shall not be deemed construed as requiring particular items of equipment or technology). Notwithstanding anything contained in this Lease to be a representation by Landlord the contrary, Tenant hereby acknowledges and agrees that the Fitness Center (including, without limitation, the equipment therein) is “first class” as of the date hereof. If, following the Commencement Date and during the Term, by reason of voluntary renovations or any other fitness facility) shall be continuously operated improvements by Landlord in and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant (as opposed to an abatement or reduction in Basic Rentrepair and maintenance), constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt is not available or accessible for use by Tenant and relieve Landlord from liability its employees at the Premises for personal injury a period of thirty (30) consecutive days or property damage caused thirty (30) days in any ninety (90) consecutive day period, then, Landlord, at its cost, shall either (at Landlord’s election), (y) arrange for alternative and reasonably priced comparable gym facilities for use by negligence. Tenant’s rights hereunder to permit its employees at the Premises (who would otherwise be permitted to use the Fitness Center shall belong solely pursuant to this Section 11(a)) during the period of such closure or inaccessibility, or (z) reimburse to Tenant and may not be transferred or assigned without Landlord’s prior within thirty (30) days following written consentdemand to Landlord (inclusive of reasonable back-up documentation, which e.g., paid invoices), no more frequently than monthly, the reasonable, out-of-pocket costs actually incurred by Tenant (as such costs may be withheld incurred via reimbursement by Landlord Tenant to its employees) to use alternative comparable gym facilities located in Landlord’s sole discretionMidtown Manhattan reasonably within the vicinity of the Building during the period of such closure or inaccessibility.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “number of Fitness Center”Center Memberships allocated to Tenant in Section 1(Q) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxwithout paying any additional rent therefor. The Such use of the Fitness Center at the Building shall be on a non-exclusive basis during the standard hours of operation of the Fitness Center (as designated by Landlord from time to time) and shall in all other respects be subject to the same obligations set forth in this Lease regarding Tenant's use of the Common Areas. Tenant shall have the right to purchase additional Fitness Center Memberships at $50 per Membership per month. Such amounts shall be payable to Landlord as additional rent and shall be subject to increase on written notice from Landlord. Memberships may only be used by employees of Tenant and not spouses or friends of Tenant's employees or customers, consultants, vendors or agents of Tenant. Tenant shall assign Memberships to specific employees and shall arrange for the rules and regulations (including rules regarding hours security badges of use) established from such employees to allow them access to the Fitness Center. Tenant shall notify Landlord of the names of such employees at such time or times as Tenant allocates Memberships to time its employees. Tenant shall ensure that the assigned employees do not allow other individuals to use the assigned Memberships. Memberships shall be granted by Landlord only to Tenant; Landlord shall not have any obligation to grant Memberships directly to employees of Tenant. Prior to using the Fitness Center operator. Landlord and Tenant acknowledge that for the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Leasefirst time, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention each employee of Tenant with respect to the Fitness Center to exempt and relieve shall sign a written waiver on Landlord's standard form releasing Landlord from all liability for personal injury or theft or for loss of property damage caused by negligencefrom within the Fitness Center. Tenant’s rights hereunder Nothing contained herein shall be deemed to permit its employees to use impose, and Tenant hereby waives on behalf of itself and all users of the Fitness Center shall belong solely to Tenant and may not be transferred Memberships (authorized or assigned without Landlord’s prior written consentunauthorized, which may be withheld by Landlord in Landlord’s sole discretion.paid or unpaid), liability against

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion of the Premises for the operation of a fitness/wellness center (the "Fitness Center"), subject to receipt of all applicable governmental approvals and compliance with all Applicable Laws, which shall no event include the installation or operation of a swimming pool, sauna or whirlpool facilities. Prior to Tenant’s installation of Fitness Center in the Premises, in addition to the terms and conditions of Article 8 of the Lease or the terms and conditions of the Tenant Work Letter (if constructed by Tenant as part of the Improvements), Tenant shall submit Tenant's plans and specifications for the Fitness Center to Landlord and Landlord may, at Landlord's option, submit such plans and specifications to a structural engineer selected by Landlord and Tenant shall be solely responsible for the structural engineer's costs of reviewing Tenant's plans and specifications and Tenant shall install any floor supports recommended by such structural engineer. In addition, Landlord, in its sole discretion, may require the installation of emergency drainage and water sensors in connection with the installation of any shower facilities in the Fitness Center, at Tenant’s sole cost and expense. The Fitness Center shall be for the exclusive use of Tenant, Tenant's employees and invitees (collectively, the "Fitness Center Users") and Tenant shall not make the Fitness Center available to other tenants or occupants of the Project (or their employees) or to members of the general public. The Fitness Center shall not exceed 5,000 rentable square feet of space. The Fitness Center shall be maintained and operated by Tenant, at Tenant's expense: (1) in first-class order, condition and repair; (2) consistent with First Class Life Sciences Projects; and (3) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and the other provisions of this Lease. Tenant shall also have the sole responsibility, at its expense, for providing all janitorial service for and cleaning of the Fitness Center. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant's operation of the Fitness Center, within thirty (30) days of receiving an invoice therefor. Tenant shall notify all Fitness Center Users that Landlord is not responsible for, nor affiliated with, the operation of the Fitness Center. Landlord shall have no responsibility with respect to the quality, care or services provided by the Fitness Center, or for any acts or omissions of Tenant or any Fitness Center Users in connection with the operation of the Fitness Center. Furthermore, Tenant, for Tenant and for all Fitness Center Users, hereby agrees that the Landlord Parties shall not be liable for, and are hereby released from any responsibility for any loss, cost, damage, expense or liability, either to person or property, arising from the use of the Fitness Center by any Fitness Center Users. Notwithstanding anything set forth in this 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] Lease or the Tenant Work Letter to the contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Fitness Center Users shall be at their own risk. Tenant acknowledges that and to repair any damage to the provisions Premises and Building and return the affected portion of this Section shall not be deemed the Premises to be a representation by Landlord that the condition existing prior to the installation of such Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default as reasonably determined by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject Landlord currently provides a fitness center in the Building and in a building located at the Project (collectively with any other fitness centers which may be operated from time to time by Landlord in the provisions of this SectionProject, so long as the “Fitness Center”). Provided: (a) Tenant is not in Default under any provision of this Lease, and provided (b) Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center Fitness Center on the terms and conditions herein provided. No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the “exception of towel/laundry fees) during the initial Term of this Lease, provided, however, that the costs of operating, maintaining and repairing the Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, XxxxxxxxxxCenter shall be included as part of Operating Expenses. The use of the Fitness Center by the Fitness Center Users shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of the Lease and shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Except to the extent of Landlord’s gross negligence or willful misconduct, Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and except for any Transferee under a Permitted Transfer, may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to Commencing on the provisions of this Section, so long as Tenant is not in Default under this LeaseCommencement Date, and provided Tenant’s employees execute a standard waiver of liability form used at all times thereafter during the Fitness Center Term (hereinafter definedsubject to Unavoidable Delays, casualty or required maintenance or repair), Landlord shall provide and maintain, for exclusive use by Tenant (and its employees, principals, Partners, clients and guests) and pay the applicable one other tenants and occupants of the Building (and their employees, principals, clients and guests) from time or monthly feeto time (but not members of the general public) an unmanned health and fitness center consisting of between 4,000 and 7,000 (inclusive) square feet of Rentable Area, then Tenant’s employees (the “Fitness Center Users”) which shall be entitled located on the second (2nd) floor of the Building in a location reasonably accessible from the common passenger elevators providing service to use such second (2nd) floor of the KINETIC fitness center Building, and which shall provide the services and equipment described on Exhibit I attached hereto (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx). The use of the Fitness Center shall be subject constructed in accordance with the plans and specifications approved by Tenant for the Landlord Work (as provided in the Workletter), and shall thereafter be maintained by Landlord in a manner consistent with other Class A office buildings in downtown Chicago, and specifically in a manner comparable to the rules fitness center facilities and regulations services currently provided at UBS Tower/One North Xxxxxx Drive, and 000 Xxxxx Xxxxxx Xxxxx, Chicago, Illinois; provided, however, that the Fitness Center at the Building shall be un-manned, unless Landlord otherwise elects to have the Fitness Center manned (including rules regarding hours of use) established at Landlord’s sole option), notwithstanding anything herein to the contrary. Landlord shall ensure that the equipment provided in the Fitness Center is at all times up-to-date, in good working condition and reasonably consistent with the equipment provided by high quality health and fitness centers located in Class A office buildings in the downtown Chicago area (and shall make modifications to such equipment from time to time by in furtherance thereof), but Landlord shall not otherwise make any material modifications or alterations to the Fitness Center operatorwithout the prior written consent of Tenant (which shall not be unreasonably withheld). Landlord and Tenant acknowledge that the shall be permitted to use of the Fitness Center by at no cost to Tenant, except for costs relating thereto that are permitted to be included in Operating Expenses pursuant to Article 3 hereof (including, without limitation, costs of leasing the fitness center equipment, which shall be permitted to be included in Operating Expenses, notwithstanding anything in this Lease to the contrary) (and no membership fee or other charge of any kind relative to such Fitness Center Users usage shall be at their own riskcharged to Tenant or any employees, principals or Partners of Tenant). Tenant acknowledges that Landlord shall have the provisions of this Section shall not be deemed right to be a representation by Landlord that require each individual who is permitted to use the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the condition to his/her use of the Fitness Center) to enter into a commercially reasonable separate agreement with Landlord pursuant to which, among other things, such individual acknowledges that neither Landlord nor any other Landlord Protected Parties will have any liability, responsibility or obligation of any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any kind relating to such individual’s use of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionCenter.

Fitness Center. Subject to the provisions of this SectionSection 9.4, so long as Tenant is not in Default under this the Lease, and provided Tenantsuch persons execute Landlord’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feefee (if any), then Tenant’s the employees of Tenant and of its subtenants under subleases permitted or approved pursuant to the Lease (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx 0000 Xxxxxx Xxxxx, Xxxxxxx Xxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 13 of the Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. The costs of operating, maintaining and repairing the Fitness Center may be included as part of Expenses. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. In addition, in the event Landlord no longer owns the building located at 0000 Xxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx, the rights of Tenant and the Fitness Center Users to use the Fitness Center may, at Landlord’s option, be terminated. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, or constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this Section, For so long as Tenant is not in Default under this LeaseLandlord maintains the existing free-standing, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC full service fitness center (the “Fitness Center”) at the Building, Tenant shall have the non-exclusive right to use the Fitness Center at no rental charge on a first-come, first-served basis along with all other tenants of the Building. All costs associated with operating, maintaining, cleaning, repairing and replacing the equipment in the building located at 600 Xxxxxxx Xxxxxx XxxxxFitness Center, Xxxxxxx Xxxxxplus a fair market rental, Xxxxxxxxxx. The including base rental and additional rental for the Fitness Center, shall be included in Operating Expenses; provided, however, Tenant shall be solely responsible for the costs of any special services related to Tenant’s use of the Fitness Center shall be subject Center. Tenant understands and agrees that Landlord has no obligation to the rules and regulations (including rules regarding hours of use) established from time to time by provide the Fitness Center operatorat the Building and Landlord may elect to (x) close the Fitness Center at any time without notice or (y) alter the size and location of the Fitness Center and the type of equipment provided therein. Further, Landlord has no obligation to provide staff for the Fitness Center. Tenant acknowledges and Tenant acknowledge agrees that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or and/or its employees or agents arising as a result is voluntary and, in consideration of the use of the Fitness Center, shall be undertaken by Tenant and each of Tenant’s employees at its sole risk. Neither Landlord nor Landlord’s officers, directors, members, partners, agents and/or employees (collectively, the “Released Parties”) shall be liable for any claims, demands, injuries, damages, actions or any activities incidental thereto, wherever causes of action whatsoever arising out of or however the same may occur, connected with Tenant’s and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officersTenant’s employees use of the Fitness Center and their facilities and services. TENANT DOES HEREBY EXPRESSLY FOREVER WAIVE, agentsRELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY ARISING FROM ALL SUCH CLAIMS, servants or employees for any said causes DEMANDS, INJURIES, DAMAGES, ACTIONS AND/OR CAUSES OF ACTION RELATING IN ANY WAY TO THE FITNESS CENTER, INCLUDING LIABILITY FROM ALL ACTS OF ACTIVE OR PASSIVE NEGLIGENCE, INCLUDING SOLE OR GROSS NEGLIGENCE, ON THE PART OF THE RELEASED PARTIES. Further, as a condition to each person’s use of action. It is the intention of Fitness Center, Tenant with respect to shall cause each person using the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenantexecute a release on Landlord’s rights hereunder then-current standard form prior to permit its employees to such party’s use of the Fitness Center Center. The waivers contained in this Section 4.9 shall belong solely to Tenant and may not be transferred survive the expiration or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionearlier termination of the Lease.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “number of Fitness Center”Center Memberships allocated to Tenant in Section 1(Q) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxwithout paying any additional rent therefor. The Such use of the Fitness Center at the Building shall be on a non-exclusive basis during the standard hours of operation of the Fitness Center (as designated by Landlord from time to time) and shall in all other respects be subject to the same obligations set forth in this Lease regarding Tenant's use of the Common Areas. Tenant shall have the right to purchase additional Fitness Center Memberships at $50 per Membership per month. Such amounts shall be payable to Landlord as additional rent and shall be subject to increase on written notice from Landlord. Memberships may only be used by employees of Tenant and not spouses or friends of Tenant's employees or customers, consultants, vendors or agents of Tenant. Tenant shall assign Memberships to specific employees and shall arrange for the rules and regulations (including rules regarding hours security badges of use) established from such employees to allow them access to the Fitness Center. Tenant shall notify Landlord of the names of such employees at such time or times as Tenant allocates Memberships to time its employees. Tenant shall ensure that the assigned employees do not allow other individuals to use the assigned Memberships. Memberships shall be granted by Landlord only to Tenant; Landlord shall not have any obligation to grant Memberships directly to employees of Tenant. Prior to using the Fitness Center operator. Landlord and Tenant acknowledge that for the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Leasefirst time, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention each employee of Tenant with respect to the Fitness Center to exempt and relieve shall sign a written waiver on Landlord's standard form releasing Landlord from all liability for personal injury or theft or for loss of property damage caused by negligencefrom within the Fitness Center. Tenant’s rights hereunder Nothing contained herein shall be deemed to permit its employees to use impose, and Tenant hereby waives on behalf of itself and all users of the Fitness Center shall belong solely to Tenant and may not be transferred Memberships (authorized or assigned without Landlord’s prior written consentunauthorized, paid or unpaid), liability against Landlord for personal injury or theft or for loss of property from within the Fitness Center, which may be withheld is suffered by Tenant or any of its employees or other parties. Tenant further agrees to indemnify, defend and hold Landlord and its officers, directors, partners, agents and employees (collectively, "Indemnitees") entirely harmless from and against all liabilities, losses, demands, actions, expenses or claims, including reasonable attorneys' fees and court costs, for injury to or death of any person or for damages to any property or for violation of law arising out of or in Landlord’s sole discretion.any manner connected with the use, occupancy or

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center and the shower facility located at the Project (collectively, the “Fitness Center”). No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxxhowever, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.3 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC any fitness center and the shower facility now or hereafter located at the Project (collectively, the “Fitness Center”). No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxx. however, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses to the extent permitted under Exhibit B. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.3 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination (after the initial Term) or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to Landlord’s prior written approval of plans therefore, Tenant shall have the provisions right to use a portion of this Section, so long as Tenant is not in Default under this Leasethe Premises of the Building for the operation of, and provided include in the Tenant Improvements (or subsequent Alterations) the construction of, a fitness center and associated dressing rooms and showers for Tenant’s employees execute a standard waiver of liability form used at the Fitness Center and guests only (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) in no event shall be entitled to use the KINETIC such fitness center (be open to or serve the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxxgeneral public), Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be on and subject to the rules following terms and regulations conditions: (including rules regarding hours i) Tenant shall be responsible, at its sole cost and expense (subject to the application of use) established from time to time by the Fitness Center operator. Landlord Tenant Improvement Allowance), for obtaining all applicable permits, licenses and Tenant acknowledge that governmental approvals necessary for the use of the Fitness Center by Premises for such fitness center use (including, without limitation, any necessary approvals from the Fitness Center Users applicable health and/or fire departments), copies of which shall be delivered to Landlord prior to Tenant’s installation of any Alterations in the Premises in connection with such fitness center use; (ii) in the event such use requires any alterations or improvements to the Building structure and/or the Building Systems, Tenant shall be solely responsible for all costs incurred in connection therewith (subject to the application of the Tenant Improvement Allowance); (iii) Tenant shall take all necessary actions and shall conduct its operations in the fitness center areas of the Premises so as to insure that no liquid seeps from the Premises to the space of any other tenant or to any other portion of the Building, including, without limitation, through the floor of the Premises; (iv) Tenant shall not permit any emission or emanation of noise, odors or vibrations from the fitness center areas of the Premises; (v) in connection with Tenant’s fitness center use of the Premises, Tenant shall maintain high standards of sanitation and shall maintain the Premises at their own riskall times in a clean and sanitary manner in compliance with all applicable health and sanitation Requirements and with any reasonable health and safety guidelines promulgated by Landlord; and (vi) in no event shall such fitness center include the installation or operation of a swimming pool, sauna or whirlpool facilities. Tenant acknowledges that In addition, Landlord may require the installation of emergency drainage and water sensors in connection with the installation of any shower facilities in the fitness center, at Tenant’s sole cost and expense. The fitness center shall be maintained and operated by Tenant, at Tenant’s expense: (1) in first-class order, condition and repair; (2) consistent with the character of the Project; and (3) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and the other provisions of this Section Lease. Tenant shall not be deemed to be a representation also have the sole responsibility, at its expense, for providing all janitorial service for and cleaning of the fitness center. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant’s operation of the fitness center, within thirty (30) days of receiving an invoice therefor. Tenant shall notify all fitness center users that Landlord is not responsible for, nor affiliated with, the Fitness Center (operation of the fitness center. Landlord shall have no responsibility with respect to the quality, care or services provided by the fitness center, or for any acts or omissions of Tenant or any fitness center users in connection with the operation of the fitness center. If Tenant’s use of the fitness center interferes with the rights of other tenants or occupants of the Building, or injures or annoys them, or is otherwise causing a nuisance to other tenants or occupants of the Building, then Tenant shall reasonably cooperate with Landlord to effectuate such changes in the equipment and/or operation of the fitness facility) center as to resolve such interference, injury, annoyance or nuisance, and Landlord shall be continuously operated and maintained throughout have the Term right to require Tenant to cease operating such fitness center until such interference, injury, annoyance or nuisance is resolved. For purposes of Section 8.5 of this Lease, the fitness center shall be deemed an Specialty Alterations and no Landlord shall have the right, by written notice delivered to Tenant at least ninety (90) days prior to the end of the Lease Term, or given within ninety (90) days following any earlier termination of this Lease, to require Tenant, at Tenant’s or expense, to remove the Fitness Center Users’ rights fitness center and to repair any damage to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives Premises and relinquishes any Building and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result return the affected portion of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect Premises to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionshell condition.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute The Building shall contain a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) ), which will be available for use solely by tenants of the Office Area and their employees. The Fitness Center shall be constructed and operated in a first-class manner similar to other fitness centers in Class A buildings in the building located at 600 Xxxxxxx Xxxxxx Xxxxxvicinity of the Building, Xxxxxxx Xxxxx, Xxxxxxxxxxsubstantially in accordance with the specifications set forth in Exhibit 2.2(b) attached hereto and made a part hereof. The Fitness Center shall initially be located on the third (3rd) floor of the Building in approximately the location shown on Exhibit 2.2(b). All use of the Fitness Center shall be at Tenant’s or its employees’ sole risk. In furtherance thereof, Tenant for itself and, to the fullest extent permitted by law, on behalf of its employees, does hereby waive any and all loss, claim, injury, damage or liability sustained or incurred during the use of, or as a result of the use of, the Fitness Center, and any apparatus, appliances or equipment located in the Fitness Center, other than for the negligence or willful misconduct of Landlord, its agents, employees or contractors. Use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established by Landlord from time to time by including, without limitation, the Fitness Center operator. Landlord and Tenant acknowledge requirement that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees each individual desiring to use the Fitness Center execute and deliver a waiver for the benefit of Landlord and its managing agent. During the Term, Tenant, any subtenant, licensee, and Approved User and their employees shall belong solely have access to Tenant and may not be transferred or assigned without the right to use the Fitness Center, at no additional cost (except that (x) each user of the Fitness Center shall pay a reasonable towel and service fee and (y) Landlord’s prior cost of operating and maintaining the Fitness Center shall be included in Operating Expenses to the extent provided in Article VI below). In addition, Landlord reserves the right, upon written consentnotice to Tenant, which may to alter, modify, expand, reduce by not more than an immaterial extent, or relocate within the Building the Fitness Center, provided that it shall at all times be withheld by Landlord in Landlord’s sole discretioncomparable to the initial Fitness Center.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject In addition to the terms and condition set forth in Section 5.3 above applicable to the Amenity Area which includes the Fitness Center, and further subject to the provisions of this SectionSection 5.4, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Lxxxxxxx’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The the Project and made available for non-exclusive use by the tenants of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from Project during Business Hours. Lxxxxxxx may charge a one time to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action monthly fee for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to The equipment and/or services furnished at the Fitness Center to exempt shall be selected by Landlord in its sole and relieve Landlord from liability for personal injury exclusive discretion and Fitness Center Users shall not bring equipment into the Fitness Center without Landlord’s express prior approval. In no event shall Tenant permit or property damage caused by negligence. Tenant’s rights hereunder to permit its employees suffer any Tenant Representatives or Visitors other than the Fitness Center Users to use the Fitness Center. Txxxxx acknowledges and agrees that Txxxxx’s and any Tenant Representatives’ or Visitors’ use of the Fitness Center is voluntary and shall belong solely to Tenant be undertaken by Tenant’s and may not Tenant’s employees’ sole risk. Neither Landlord nor any Landlord Parties (collectively, the “Released Parties”) shall be transferred liable for any claims, demands, injuries, damages, actions or assigned without Landlord’s prior written consentcauses of action whatsoever arising out of or connected with any use of the Fitness Center and TENANT DOES HEREBY EXPRESSLY FOREVER WAIVE, which may be withheld by Landlord RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY ARISING FROM ALL SUCH CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS AND/OR CAUSES OF ACTION, INCLUDING LIABILITY FROM ALL ACTS OF ACTIVE OR PASSIVE NEGLIGENCE, INCLUDING SOLE NEGLIGENCE, ON THE PART OF THE RELEASED PARTIES. The waivers and releases contained in Landlord’s sole discretionthis Section shall survive the expiration or earlier termination of this Lease.

Fitness Center. Subject Landlord may, from time to time in its sole discretion, maintain an exercise facility at the provisions Project (the “Fitness Center”) for use, on a non-exclusive basis, by the occupants of this Section, so the Project and any other individuals approved by Landlord. So long as Tenant is not in Default under material economic default pursuant to the terms of this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center Lease (hereinafter defined) and pay beyond the applicable one time or monthly feenotice and cure periods), then Tenant’s Tenant and its employees (in such capacity, the “Fitness Center Users”) shall be entitled are hereby permitted to use the KINETIC fitness center (the “Fitness Center”) in , provided that such Fitness Center Users execute Landlord’s standard waiver of liability and release form, and otherwise satisfy the building located conditions identified hereinbelow. Landlord shall have the right at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxany time to require that a new standard waiver of liability and release form be signed by any of the Fitness Center Users as a condition of any further use of the Fitness Center by any of the Fitness Center Users. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Article 10 of this Lease shall apply to the use of the Fitness Center by the Fitness Center Users or the use of any equipment located therein by the Fitness Center Users (whether or not authorized), whether or not such persons have properly executed Landlord’s standard form waiver of liability and release form. Tenant shall be solely responsible for the proper use of the Fitness Center and the equipment located therein by the Fitness Center Users. Tenant agrees and acknowledges that Landlord shall provide no supervision of use of the Fitness Center made by the Fitness Center Users. In the event that Tenant becomes aware of any defect, damage to or other problem with the equipment in the Fitness Center, or any other unsafe condition in the Fitness Center, Tenant shall immediately notify Landlord in writing of such condition. Tenant acknowledges that the provisions of this Section 29.34 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, in Landlord’s sole and absolute discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of this Leasethe Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic XXXXXX REALTY XXXXXX CENTRE DEL MAR [Santarus, Inc.] Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases; provided, dischargeshowever, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring that to Tenant or its employees or agents arising as a result of the extent that Tenant’s use of the Fitness CenterCenter is terminated (other than on a temporary basis), or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim Direct Expenses for personal injury or property damage against Landlord or any of its officers, agents, servants or employees the Base Year shall be adjusted as appropriate to account for any said causes new use of actionthe space. It is the intention of Tenant with respect Any and all fees, costs and expenses relating to the Fitness Center to exempt operating, managing, owning and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use maintaining the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionincluded as part of Operating Expenses.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center and the shower facility located at the Project (collectively, the “Fitness Center”). Notwithstanding the foregoing, Tenant shall not be obligated to pay a monthly fee during the initial 24-month Term and, if exercised, during the extension term set forth in Section 2 below. No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxxhowever, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.3 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and the Fitness Center Users and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject Tenant shall be granted up to one hundred five (105) access cards (or such reasonable additional amounts as may be requested by Tenant from time to time) to the provisions existing fitness center serving the Building (the “Fitness Center”) for the non-exclusive use of this Sectionsaid Fitness Center by Tenant’s employees for its intended purposes; provided, however, (a) the use of the Fitness Center by Tenant shall be governed by a separate fitness center agreement/license to be executed by each employee of Tenant using the Fitness Center, and (b) so long as Tenant is not in Default under this Lease, and provided Landlord shall waive the above described charges associated with Tenant’s employees execute a standard waiver use of liability form used at such fitness center access charges during the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees Lease Term (the “Abated Fitness Center UsersCharges”) shall be entitled to use ). Landlord makes no representation or warranty regarding the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxxcondition, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use functionality or suitability of the Fitness Center and/or any component thereof, and Tenant shall be subject to the rules defend, indemnify and regulations hold harmless Landlord from and against any and all costs, expenses (including rules regarding hours reasonable attorneys’ fees), demands, claims, causes of use) established action and liens arising from time to time by or in connection with the Fitness Center operatorand the use thereof by Tenant and any of Tenant’s employees. Landlord Tenant shall be permitted to install, at Tenant’s sole cost and Tenant acknowledge that expense, certain branded equipment in the Fitness Center for the nonexclusive use of the Fitness Center by tenants and occupants of the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section Project, subject to Landlord’s prior written consent (which consent shall not be deemed unreasonably withheld, conditioned or delayed) of the branding and the equipment to be a representation installed by Landlord that the Fitness Center Tenant (or any other fitness facility) “Tenant Equipment”); provided, however, Tenant shall be continuously operated and maintained throughout the Term of this Leaseindemnify, defend, and no termination of hold Landlord harmless from and against damages, losses, claims, judgments, attorneys’ fees and costs in connection with such equipment and the use and installation thereof. Tenant, at Tenant’s or the Fitness Center Users’ rights to the Fitness Center sole cost and expense, shall entitle Tenant to an abatement or reduction continuously maintain Tenant’s Equipment in Basic Renta clean, constitute a constructive evictionfirst-class working condition. At Landlord’s option, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result upon expiration of the use of Lease Term, Tenant shall remove such equipment from the Fitness Center, or repair any activities incidental thereto, wherever or however the same may occurdamage occasioned by such removal, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of restore the area previously occupied by such equipment to its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionoriginal condition.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Leaseretains the right of possession of the Premises, and provided TenantXxxxxx’s employees execute a Xxxxxxxx’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center and the shower facility located at the Project (collectively, the “Fitness Center”). No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxxhowever, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without LandlordXxxxxxxx’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to Landlord currently provides a fitness center in the provisions of this Section, so long as Building (the “Fitness Center”). Provided: (a) Tenant is not in Default under any provision of this Lease, and provided (b) Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center Fitness Center on the terms and conditions herein provided. No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the “exception of towel/laundry fees) during the initial Term of this Lease, provided, however, that the costs of operating, maintaining and repairing the Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, XxxxxxxxxxCenter shall be included as part of Operating Expenses. The use of the Fitness Center by the Fitness Center Users shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of the Lease and shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to Landlord’s prior written approval therefor as an Alteration or Tenant Improvement, Tenant shall have the provisions right to use a single portion of this Section, so long as Tenant is not in Default under this Leasethe Premises for the operation of, and provided include in the Tenant Improvements (or subsequent Alterations) the construction of, a fitness center and associated dressing rooms and showers for Tenant’s employees execute a standard waiver use and for the use of liability form used at the Fitness Center (hereinafter defined) all of their employees, subtenants, licensees, invitees and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center guests only (the “Fitness Center”) (in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of no event shall the Fitness Center shall be open to or serve the general public), on and subject to the rules following terms and regulations conditions: (including rules regarding hours of usei) established from time to time by the Fitness Center operator. Landlord Tenant shall be responsible, at its sole cost and Tenant acknowledge that expense, for obtaining all applicable permits, licenses and governmental approvals (if any) necessary for the use of the Fitness Center by (including, without limitation, any necessary approvals from the applicable health and/or fire departments), copies of which shall be delivered to Landlord prior to Tenant's installation of any Alterations in the Premises in connection with the Fitness Center; (ii) in the event such use requires any alterations or improvements to the Building structure and/or the Building Systems, Tenant shall be solely responsible for all costs incurred in connection therewith; (iii) Tenant shall take all necessary actions and shall conduct its operations in the Fitness Center Users shall be at their own risk. so as to insure that no liquid seeps therefrom to the space of any other tenant or to any other portion of the Project, including, without limitation, through the floor of any portion of the Premises; (iv) Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that permit any emission or emanation of excessive noise, noxious odors or excessive vibrations from the Fitness Center; and (v) Tenant shall maintain the Fitness Center at all times in a clean and sanitary manner in compliance with all applicable health and sanitation Laws. At no time during the Lease Term (or any other fitness facilityas the same may be extended) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute any portion thereof be located on a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result floor of the use Premises which is directly above a floor of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees Building that Tenant will is not prosecute any claim for personal injury or property damage against Landlord or any of then leased in its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused entirety by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, if any, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center and the shower facility located at the Project (collectively, the “Fitness Center”). No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the exception of towel/laundry fees, if any) in during the building located at 600 Xxxxxxx Xxxxxx Xxxxxinitial Term of this Lease, Xxxxxxx Xxxxxprovided, Xxxxxxxxxxhowever, that the costs of operating, maintaining and repairing the Fitness Center shall be included as part of Operating Expenses. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of this Lease shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Landlord reserves the right to reasonably limit, restrain, or condition the use of the Fitness Center by tenants of the Building (including Tenant’s Fitness Center Users) if Landlord reasonably determines that their use of the Fitness Center has a disproportionate and/or inequitable impact on the ability of other tenants to use the Fitness Center. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.. EXHIBIT X

Fitness Center. Subject to During the provisions Term, Tenant and the employees of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used located at the Fitness Center Premises shall have the right to use the fitness center located within the Common Area of the Building and designated by Landlord for the common use of all tenants of the Building (hereinafter defined) and pay the tenants of the Parcel B Building). Tenant and its employees’ right to use such fitness center shall be on a non-exclusive and as available basis with others who are entitled to use the fitness center, subject to Landlord’s right to reasonably regulate, manage and restrict such use. Prior to Tenant or its employees using the fitness center, Tenant shall cause such applicable one time or monthly fee, then Tenant’s employees (employee desiring to use the “Fitness Center Users”) fitness center to execute an Informed Consent Waiver and Release of Liability in a form prepared by Landlord. Landlord shall be entitled to use prohibit any employee(s) of Tenant from using the KINETIC fitness center (the “Fitness Center”if such applicable employee(s) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxfails or refuses to execute such Informed Consent Waiver and Release of Liability. The use of the Fitness Center fitness center shall be subject to the reasonable rules and regulations (including rules regarding hours of useuse for the tenants and their respective employees and other occupants of the Building, execution of Landlord’s standard waiver of liability form by users, etc.) reasonably established from time to time by the Fitness Center operatorLandlord for such facilities. Landlord shall have no liability whatsoever with respect to the existence, condition or availability of such fitness center, and Tenant acknowledge that hereby waives all claims against Landlord with respect to same. The costs of operating, maintaining, cleaning and repairing the use fitness center (including, without limitation, the cost of any third party operator hired or retained to manage or operate the Fitness Center by the Fitness Center Users fitness center) may be included as part of Operating Expenses. Tenant shall be at their own risk. Tenant acknowledges that responsible for all damage to the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated center and maintained throughout the Term of this Leaseits equipment, fixtures and no termination of furnishings resulting from Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officersemployees’ use of the fitness center. The fitness center located in the Building is a part of the Common Area of the Project (however, agentsso long as tenants leasing space in the Parcel B Building to be developed on the Land have a right to use the fitness center, servants only fifty percent (50%) of the footprint of the fitness center shall be considered Common Area for purposes of determining the rentable square footage of the Building). Landlord may not contract or discontinue the providing of the fitness center as a Building amenity during the first five (5) years of the Term. If Landlord elects to discontinue the providing of the fitness center from and after the end of the first five (5) years of the Term, Landlord shall so notify Tenant at least one hundred eighty (180) days prior to the date of discontinuance and Tenant, at Tenant’s sole discretion exercisable by written notice to Landlord not later than ninety (90) days after the date of Landlord’s notice, shall elect to take over the operation of the fitness center. If Tenant elects to take over the operation of the fitness center pursuant to the terms of the immediately preceding sentence, then (i) Tenant shall continue to operate the fitness center in substantially the same manner as Landlord operated the fitness center prior to turning over operation of the same to Tenant, (ii) Tenant shall continue to make the fitness center accessible to all tenants of the Building and the tenants of the Parcel B Building and their respective employees for and (iii) Tenant shall indemnify, defend and hold Landlord harmless from and against any said and all damages, losses, liabilities, claims, actions, causes of action, demands, judgments, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs of suit) arising from or related to the operation, use and/or management of the fitness center. It Such obligations under clause (ii) immediately above shall survive the expiration or earlier termination of this Lease. During such period as Landlord is the intention operator of Tenant with respect to the Fitness Center to exempt and relieve fitness center, Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use shall have the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without right, at Landlord’s prior written consentdiscretion, which may be withheld by Landlord in Landlord’s sole discretionto expand or modify (without reducing the size of) the fitness center.

Fitness Center. Subject to the provisions of this SectionLandlord currently provides a fitness center in a building located at 47 Discovery, so long as Irvine, California, and provided: (a) Tenant is not in Default under this any provision of the Lease, and provided (b) Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC said fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx). The use of the Fitness Center shall be free of charge (with the exception of towel/laundry fees) during the initial Term of the Lease, and shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.3 of the Lease and shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. The costs of operating, maintaining and repairing the Fitness Center may be included as part of Operating Expenses. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this the Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this the Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action, except, in each case, arising out of or relating to any gross negligence or willful misconduct of Landlord or any of its employees, contractors or agents. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligencenegligence (but not gross negligence or willful misconduct). Tenant’s rights hereunder to permit its employees to use the Fitness Center under this Section shall belong solely to Tenant Ghost Management Group, LLC, and may not any attempted assignment or transfer of such rights shall be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionvoid and of no force and effect.

Fitness Center. Subject to Landlord currently provides a fitness center in the provisions of this Sectionbuilding located at 00 Xxxxxxxxx, so long as Xxxxxx, Xxxxxxxxxx (the “Fitness Center”). Provided: (a) Tenant is not in Default under any provision of this Lease, and provided (b) Tenant’s employees execute a Landlord’s standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly feeform, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center Fitness Center on the terms and conditions herein provided. No separate charges shall be assessed to Fitness Center Users for the use of the Fitness Center (with the “exception of towel/laundry fees) during the initial Term of this Lease, provided, however, that the costs of operating, maintaining and repairing the Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, XxxxxxxxxxCenter shall be included as part of Operating Expenses. The use of the Fitness Center by the Fitness Center Users shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operatorLandlord. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Section 10.2 of the Lease and shall apply to Tenant and the Fitness Center User’s use of the Fitness Center. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and Landlord shall have the right, at Landlord’s sole discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of the Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, Rent constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees right to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

Fitness Center. Subject Tenant acknowledges that, as of the date hereof, the Building contains a fitness center that, subject to the provisions of this SectionLandlord’s rules and regulations, so long as Tenant is not in Default under this Lease, and provided may be utilized only by Tenant’s employees execute a standard waiver of liability form used at and sublessees who have card-key access to the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees Premises (the “Fitness Center Users”) ), but not by any invitees, guests or family members of the Fitness Center Users. Landlord will activate access cards for the Fitness Center Users that will allow access to the fitness center only after each applicable Fitness Center User signs a waiver utilized by Landlord for all users of the Fitness Center from time to time. The fitness center shall be made available for use by Fitness Center Users 24/7. Additionally, Landlord shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the implement rules and regulations (including rules regarding hours of use) established at the time, and from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that time, governing the use of the fitness center, and if any employee fails to abide by such rules and regulations, and if such failure continues after Landlord’s first warning to such employee of such violation, then Landlord may terminate such Fitness Center User’s access to the fitness center. Subject to Paragraphs 16(g) and 21, Tenant shall indemnify, defend and hold Landlord harmless from and against any cost, loss, expense, claim or liability that is incurred by the Landlord due to a Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of TenantUser’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all negligent actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of willful misconduct while using the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect Prior to the Fitness Center completion of the Tenant Improvements, Landlord agrees to exempt upgrade the finishes and relieve equipment in the fitness center (with mutually acceptable upgrades), provided that Landlord from liability for personal injury or property damage caused by negligence. and Tenant shall equally share the cost of such upgrades, provided, further, however, that Landlord’s share shall not exceed Forty Thousand Dollars ($40,000) and all costs in excess of such Forty Thousand Dollar ($40,000) cap shall be Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to responsibility at Tenant’s sole cost and expense and payable by Tenant and may not be transferred or assigned without within thirty (30) days of Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionrequest.

Fitness Center. Subject Landlord may, from time to time in its sole discretion, maintain an exercise facility at the provisions Project (the “Fitness Center”) for use, on a non-exclusive basis, by the occupants of this Section, so the Project and any other individuals approved by Landlord. So long as Tenant is not in Default under material economic default pursuant to the terms of this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center Lease (hereinafter defined) and pay beyond the applicable one time or monthly feenotice and cure periods), then Tenant’s Tenant and its employees (in such capacity, the “Fitness Center Users”) shall be entitled are hereby permitted to use the KINETIC fitness center (the “Fitness Center”) in , provided that such Fitness Center Users execute Landlord’s standard waiver of liability and release form, and otherwise satisfy the building located conditions identified hereinbelow. Landlord shall have the right at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxany time to require that a new standard waiver of liability and release form be signed by any of the Fitness Center Users as a condition of any further use of the Fitness Center by any of the Fitness Center Users. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Article 10 of this Lease shall apply to the use of the Fitness Center by the Fitness Center Users or the use of any equipment located therein by the Fitness Center Users (whether or not authorized), whether or not such persons have properly executed Landlord’s standard form waiver of liability and release form. Tenant shall be solely responsible for the proper use of the Fitness Center and the equipment located therein by the Fitness Center Users. Tenant agrees and acknowledges that Landlord shall provide no supervision of use of the Fitness Center made by the Fitness Center Users. In the event that Tenant becomes aware of any defect, damage to or other problem with the equipment in the Fitness Center, or any other unsafe condition in the Fitness Center, Tenant shall immediately notify Landlord in writing of such condition. Tenant acknowledges that the provisions of this Section 29.34 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, in Landlord’s sole and absolute discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of this Leasethe Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases; provided, dischargeshowever, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring that to Tenant or its employees or agents arising as a result of the extent that Tenant’s use of the Fitness CenterCenter is terminated (other than on a temporary basis), or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim Direct Expenses for personal injury or property damage against Landlord or any of its officers, agents, servants or employees the Base Year shall be adjusted as appropriate to account for any said causes new use of actionthe space. It is the intention of Tenant with respect Any and all fees, costs and expenses relating to the Fitness Center to exempt operating, managing, owning and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use maintaining the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionincluded as part of Operating Expenses.

Fitness Center. Subject to the provisions of this SectionLandlord and Tenant acknowledge that Tenant, so long as Tenant is not in Default under this Lease, and provided at Tenant’s employees execute sole cost and expense, may desire to designate a standard waiver portion of liability form used at the Fitness Center (hereinafter defined) and pay Premises for the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC operation of a fitness center (the “Fitness Center”) ), subject to receipt of all applicable governmental approvals and compliance with all Applicable Laws, and the Underlying Documents, which may include, without limitation, the following primary uses: weight and aerobic training, personal training, aerobics, free weights, and installation of treadmills, stationary bicycles, elliptical machines, and stair-climbing machines, and shall in no event include installation or operation of a swimming pool, sauna or whirlpool facilities. Prior to Tenant’s installation of Fitness Center in the building located at 600 Xxxxxxx Xxxxxx XxxxxPremises, Xxxxxxx Xxxxxin addition to the TCCs of Article 8 of the Lease or the TCCs of the Work Letter (if constructed by Tenant as part of the Improvements), Xxxxxxxxxx. The use Tenant shall submit Tenant’s plans and specifications for the Fitness Center to Landlord and to a structural engineer approved by Landlord; provided, however, that Landlord may withhold such consent in its sole and absolute discretion if the installation of the Fitness Center would require the installation of bracing or other structural support. In addition, Landlord, in its sole discretion, may require the installation of emergency drainage and Water Sensors (as that term is defined in Section 29.37 below) in connection with the installation of any shower facilities in the Fitness Center, at Tenant’s sole cost and expense. The Fitness Center shall be subject for the exclusive use of Tenant, Tenant’s employees, Transferees, independent contractors in the Premises and Permitted Occupants (collectively, the “Fitness Center Users”) and Tenant shall not make the Fitness Center available to other tenants or occupants of the Project (or their employees) or to members of the general public. The Fitness Center shall be of a reasonable size to provide fitness services to the rules and regulations Fitness Center Users. Tenant or Tenant’s third party operator of the Fitness Center (including rules regarding hours either to be known as the “Fitness Center Provider”) shall use commercially reasonable efforts to notify all Fitness Center Users that Landlord is not responsible for, nor affiliated with, the operation of use) established from time the Fitness Center. Landlord shall have no responsibility with respect to time the quality, care or services provided by the Fitness Center, or for any acts or omissions of any Fitness Center operatorProvider in connection with the operation of the Fitness Center, except to the extent caused by the negligence or willful misconduct of Landlord or the Landlord Parties. Furthermore, Tenant, for Tenant and for all Fitness Center Users and Fitness Center Providers, hereby agrees that the Landlord Parties shall not be liable for, and Tenant acknowledge that are hereby released from any responsibility for any loss, cost, damage, expense or liability, either to person or property, arising from the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights , except to the extent caused by the negligence or willful misconduct of Landlord or the Landlord Parties. If Tenant elects to operate the Fitness Center Center, then Landlord shall entitle use commercially reasonable efforts, at no cost to Landlord, to cooperate with Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and obtain all actions or causes of action governmental approvals required for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use operation of the Fitness Center, or any activities incidental thereto, wherever or however to the same may occur, extent Landlord’s cooperation is required as owner of the Building. Tenant’s obligations under this Section 5.7 are cumulative and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention in addition to all other obligations of Tenant with respect under this Lease. The right to operate the Fitness Center in the Premises pursuant to exempt and relieve Landlord from liability for this Section 5.7 is personal injury or property damage caused by negligence. to the Original Tenant, its Permitted Transferee Assignee, any approved assignee of Tenant’s rights hereunder entire interest in this Lease pursuant to permit its employees Article 14 below, and any subtenant subleasing the entirety of the then existing Premises for substantially the remainder of the Lease Term, pursuant to use Article 14 below. If Tenant sublets all or any portion of the Premises, then as to the portion of the Premises sublet, upon such subletting and until the expiration of such sublease, the right to operate the Fitness Center in such portion of the Premises shall belong solely to Tenant simultaneously terminate and may not be transferred of no further force or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretioneffect.

Fitness Center. Subject Landlord may, from time to time in its sole discretion, maintain an exercise facility at the provisions Project (the “Fitness Center”) for use, on a non-exclusive basis, by the occupants of this Section, so the Project and any other individuals approved by Landlord. So long as Tenant is not in Default default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center Lease (hereinafter defined) and pay beyond the applicable one time or monthly feenotice and cure periods), then Tenant’s Tenant and its employees (in such capacity, the “Fitness Center Users”) shall be entitled are hereby permitted to use the KINETIC fitness center (the “Fitness Center”) in , provided that such Fitness Center Users execute Landlord’s standard waiver of liability and release form, and otherwise satisfy the building located conditions identified hereinbelow. Landlord shall have the right at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxxany time to require that a new standard waiver of liability and release form be signed by any of the Fitness Center Users as a condition of any further use of the Fitness Center by any of the Fitness Center Users. The use of the Fitness Center shall be subject to the reasonable rules and regulations (including rules regarding hours of use) established from time to time by Landlord for the Fitness Center operatorCenter. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own riskrisk and that the terms and provisions of Article 10 of this Lease shall apply to the use of the Fitness Center by the Fitness Center Users or the use of any equipment located therein by the Fitness Center Users (whether or not authorized), whether or not such persons have properly executed Landlord’s standard form waiver of liability and release form. Tenant shall be solely responsible for the proper use of the Fitness Center and the equipment located therein by the Fitness Center Users. Tenant agrees and acknowledges that Landlord shall provide no supervision of use of the Fitness Center made by the Fitness Center Users. In the event that Tenant becomes aware of any defect, damage to or other problem with the equipment in the Fitness Center, or any other unsafe condition in the Fitness Center, Tenant shall immediately notify Landlord in writing of such condition. Tenant acknowledges that the provisions of this Section 29.35 shall not be deemed to be a representation by Landlord that Landlord shall continuously maintain the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term Lease Term, and Landlord shall have the right, in Landlord’s sole and absolute discretion, to expand, contract, eliminate or otherwise modify the Fitness Center. No expansion, contraction, elimination or modification of this Leasethe Fitness Center, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any Any and all actions or causes of action for personal injury or property damage occurring fees, costs and expenses relating to Tenant or its employees or agents arising as a result of the use of the Fitness Centeroperating, or any activities incidental theretomanaging, wherever or however the same may occur, owning and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use maintaining the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretionincluded as part of Operating Expenses.