Integration of Documents; Supremacy. The parties hereto intend that this Amended and Restated Lease Agreement incorporate the provisions of the original Lease (to the extent not specifically superseded by the terms and conditions hereof) and that conjunctively these documents constitute the full and complete agreement as between the parties. The following provisions of the Original Lease are not applicable to the Extended Term: Section 1 (Term); Section 2 (to the extent of the Schedule of Annual Base Rent); Section 3 (as to the first through fourth paragraphs, only); Section 4 (as to the first, and second, and fourth paragraphs, only); Section 22 (solely to the extent that the notice addresses appearing on the execution pages hereof supersede); Section 33 (which is wholly superseded by Section 5 hereof); and Exhibit B (which is wholly superseded by Exhibit B as it is attached hereto). As a condition to the effectiveness of this Agreement, LESSOR shall provide to LESSEE either (a) the written acknowledgement of the current mortgagee that the existing Subordination, Non-Disturbance and Attornment Agreement non-disturbance agreement remains in effect and applies to this Amended and Restated Lease Agreement or (b) a new Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto in favor of LESSEE executed by the current mortgagee with respect to this Amended and Restated Lease Agreement. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any provisions deemed unenforceable shall be severable, and the remainder of this Agreement shall be enforceable in accordance with its terms. This Agreement may only be modified m writing, signed by both parties. Unless otherwise provided herein, all capitalized terms used herein shall have the same meaning as set forth in the Original Lease. Witness our hands and seals the first date above written. /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Notice Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ with a copy to: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇ LLP Prudential Tower ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ its duly authorized (Attached Secretary/Clerk’s Certificate As To Authority) Notice Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇—Riverside Technology Center HEAT $ 0.54 BUILDING ELECTRIC $ 2.01 WATER & SEWER $ 0.21 ELEVATOR MAINTENANCE $ 0.15 PARKING/CAFE EXPENSE $ 0.26 RUBBISH REMOVAL $ 0.14 INSURANCE $ 0.36 GROUNDS CARE $ 0.27 LEGAL/ACCT/ADMIN $ 0.11 JANITORIAL SERVICES $ 0.50 GENERAL MAINTENANCE $ 1.38 HVAC MAINTENANCE $ 0.50 LIFE SAFETY SYSTEMS $ 0.11 MANAGEMENT $ 3.28 Note: Actual numbers for 2007 and all subsequent years will vary based on actual costs and expenses incurred.
Appears in 2 contracts
Sources: Lease Agreement (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)
Integration of Documents; Supremacy. The parties hereto intend that this Amended and Restated Lease Agreement incorporate the provisions of the original Lease (to the extent not specifically superseded by the terms and conditions hereof) and that conjunctively these documents constitute the full and complete agreement as between the parties. The following provisions of the Original Lease are not applicable to the Extended Term: Section 1 (Term); Section 2 (to the extent of the Schedule of Annual Base Rent); Section 3 (as to the first through fourth paragraphs, only); Section 4 (as to the first, and second, and fourth paragraphs, only); Section 22 (solely to the extent that the notice addresses appearing on the execution pages hereof supersede); Section 33 (which is wholly superseded by Section 5 hereof); and Exhibit B (which is wholly superseded by Exhibit B as it is attached hereto). As a condition to the effectiveness of this Agreement, LESSOR shall provide to LESSEE either (a) the written acknowledgement of the current mortgagee that the existing Subordination, Non-Disturbance and Attornment Agreement non-disturbance agreement remains in effect and applies to this Amended and Restated Lease Agreement or (b) a new Subordination, Non-Disturbance and Attornment Agreement in the form attached hereto in favor of LESSEE executed by the current mortgagee with respect to this Amended and Restated Lease Agreement. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any provisions deemed unenforceable shall be severable, and the remainder of this Agreement shall be enforceable in accordance with its terms. This Agreement may only be modified m writing, signed by both parties. Unless otherwise provided herein, all capitalized terms used herein shall have the same meaning as set forth in the Original Lease. Witness our hands and seals the first date above written. RIVERTECH ASSOCIATES II, LLC By Rivertech Associates, Inc. its duly authorized Manager /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, President Notice Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ with a copy to: ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ & ▇▇▇▇ LLP Prudential Tower ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ GENET1X PHARMACEUTICALS, INC. By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ its duly authorized (Attached Secretary/Clerk’s Certificate As To Authority) Notice Address: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇. with a copy to: GENETIX PHARMACEUTICALS, INC. AMENDED AND RESTATED LEASE AGREEMENT REVISED EXHIBIT B Operating Expenses 2006 ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇—Riverside Technology Center DESCRIPTION PSF HEAT $ 0.54 BUILDING ELECTRIC $ 2.01 WATER & SEWER $ 0.21 ELEVATOR MAINTENANCE $ 0.15 PARKING/CAFE EXPENSE $ 0.26 RUBBISH REMOVAL $ 0.14 INSURANCE $ 0.36 GROUNDS CARE $ 0.27 LEGAL/ACCT/ADMIN $ 0.11 JANITORIAL SERVICES $ 0.50 GENERAL MAINTENANCE $ 1.38 HVAC MAINTENANCE $ 0.50 LIFE SAFETY SYSTEMS $ 0.11 MANAGEMENT $ 3.28 Total Operating Expenses $ 9.82 Real Estate Taxes (FY 2007) $ 4.63 Note: Actual numbers for 2007 and all subsequent years will vary based on actual costs and expenses incurred. THE ABBEY GROUP Genetix Pharmaceuticals Relocation to Floor Three, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Revised 5/1/2007 Scope of Work by Landlord Office Area • All walls to be repainted • Existing lights to be relamped as required • Space to be cleaned and prepared for occupancy • Existing benchtop in support area to be relocated to 3 perimeter offices which presently do not have benchtops. Laboratory Area Physical • Repaint all walls • Vinyl tile floor in main labs and in all non-office areas where seamless tile does not exist. • New seamless vinyl floor in BL-2A Lab, BL-2B Lab & autoclave/glasswashing room. • New ceiling and lights throughout lab area. • Provide existing laboratory cabinets with new bench tops as indicated in the “Floor Plan Exhibit”. • Provide 10 foot long single tier reagent shelving above three benchtops in “Biology Lab A” Mechanical • Assure proper operation of l0ton supplemental air conditioning supplying main Biology Labs A&B • Assure proper operation of air conditioning units, humidification and dehumidification system in both BL-2 labs. • Assure proper operation of cold room. • Assure proper operation of supplemental air conditioning in equipment room. • Provide adequate exhaust air for Tenant’s (three) six foot hoods, BL2 exhaust hood, BL2 Lab sinks, chemical storage room and autoclave.
Appears in 1 contract
Sources: Lease Agreement