Common use of Matters of Record Clause in Contracts

Matters of Record. Subject to the provisions of Article 14, above, this Lease is subject and subordinate to all matters of record existing as of the Effective Date and, to the extent not materially and adversely affecting Tenant’s operations within the Premises or resulting in a reduction of Tenant’s rights under this Lease in more than a de minimis amount, as may affect the Property hereafter. Tenant specifically acknowledges that the Property is subject to that certain City of Cambridge Planning Board Decision dated December 12, 2016 and recorded at Book 68716, Page 324 of the Middlesex South Registry of Deeds, the provisions of which are incorporated herein by reference. Tenant acknowledges that the Base Building Work includes the excavation and off-site disposal of certain soils in accordance with a Release Abatement Measure (“RAM”) Plan submitted to Massachusetts Department of Environmental Protection in July, 2017 and that regulatory closure of such work may be achieved by use of an Activity and Use Limitation (“AUL”) recorded against the Property. Landlord shall, as part of the Base Building Work and at Landlord’s sole cost and expense, perform the investigation, removal and remediation work set forth in the RAM Plan in compliance with applicable Environmental Laws. A copy of the AUL, if any, shall be provided to Tenant, and shall contain customary limitations for similar properties that do not adversely affect use of the Premises for the Permitted Use, such as prohibitions against use of the Property as a residence, school, daycare or playground and maintenance of protective cover (asphalt or clean soil) in place in accordance with the RAM Plan.