Common use of Rights to Use Common Facilities Clause in Contracts

Rights to Use Common Facilities. Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non- exclusive right to use in common with others, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice (a) the common lobbies, corridors, stairways, elevators, trash areas, parking areas, loading areas, and other similar areas and facilities of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) common walkways and driveways necessary for access to the Building, (c) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor, and (d) the Amenities set forth in Section 8.27 of this Lease (collectively, the “Common Areas”). No changes shall be made to the Common Areas that would unreasonably interfere with Tenant’s access to or use of the Premises for the purposes of this Lease or that would adversely affect the quality of the Common Areas (including without limitation the Amenities) serving the Building as of the Rent Commencement Date (subject to the provisions of Section 8.27 below). Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises except as may be required by applicable law and except that Landlord agrees to permit Verizon to have telecommunications access to the Premises and the Building at no additional charge for the purpose of providing telecommunications service to Tenant. Except as otherwise expressly provided above, if Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord in its reasonable discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold, condition or delay its approval of any telecommunications provider designated by Tenant to service the Premises, so long as such provider is not utilizing the Site to provide service to third parties other than Tenant. Tenant shall have a non-exclusive right to use the fire stairwells in the Building (the “Fire Stairs”) for the purpose of access between the floors of the Building on which the Premises are located, at no additional rental charge to Tenant, provided that (1) such use shall be permitted by, and at all times be in accordance with, all applicable Legal Requirements (as that term is defined in Section 3.4 below); and (2) Tenant shall comply with all of Landlord’s reasonable rules and regulations adopted from time to time with respect thereto. Tenant may, at its sole cost and expense, install a key card locking system reasonably satisfactory to Landlord on all doors between the Fire Stairs and the floors of the Premises and tie Tenant’s security system into the Building security system, provided that in any event such locking system must be configured in such a way so as to automatically disengage in the event of an emergency. Tenant shall provide Landlord with a “master” card key so that Landlord shall have access through each entry door. Tenant may paint the Fire Stairs and install light fixtures therein and make such other Alterations as Landlord shall approve, which approval shall be granted or withheld in accordance with the terms of this Lease (provided, however, that under no circumstances shall Tenant be entitled to install (x) carpeting on the Fire Stairs or (y) lighting which does not meet the standards for emergency lighting).

Rights to Use Common Facilities. Subject to Landlord’s right to change or alter any of the following in Landlord’s discretion as herein providedprovided (provided that no such changes or alterations shall materially adversely affect Tenant’s access to or use of the Premises for the normal conduct of business or reduce the Number of Parking Spaces allotted to Tenant), Tenant shall have, as appurtenant to the Premises, the non- exclusive right to use in common with others, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice (a) the common lobbies, corridors, stairways, elevators, trash areas, parking areas, elevators and loading areas, and other similar areas and facilities platform of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) common walkways and driveways necessary for access to the Building, (c) the parking facilities serving the Building, and (d) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor. Provided the named Tenant herein has not sublet more than 25,000 rentable square feet of the Premises (other than to a Permitted Transferee), and continues to use and occupy the entire Premises then being leased to Tenant (d) or that portion of the Amenities set forth in Section 8.27 Premises not subleased), Landlord shall continue to operate during the Term of this Lease (collectively, i) the “Common Areas”)café or an alternative food service establishment in the Building; and (ii) a fitness center in the building at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ or in the Building. No changes Tenant shall be made have the right to the Common Areas that would contract separately with its own telecommunication service provider and Landlord will not unreasonably interfere with Tenant’s access withhold consent to or use of the Premises for the purposes of this Lease or that would adversely affect the quality of the Common Areas (including without limitation the Amenities) serving the Building as of the Rent Commencement Date (subject to the provisions of Section 8.27 below). Notwithstanding anything to the contrary herein, Landlord has no obligation any request by Tenant to allow any particular telecommunication service such provider to have access to the Building or to the Premises except as may be required by applicable law and except provided that Landlord agrees to permit Verizon to have telecommunications access to the Premises and the Building at no additional charge for the purpose of providing telecommunications service to Tenant. Except as otherwise expressly provided above, if Landlord permits such access, Landlord may condition such access, without limitation of the foregoing, on Landlord’s approval of the identity of the service provider, its execution of an access upon and easement agreement satisfactory to Landlord and, should telecommunications services be furnished by such service provider to both Tenant and other tenants and occupants in the Building, then subject to the payment to Landlord by the service provider of reasonable fees assessed by Landlord in its reasonable discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold, condition or delay its approval of any telecommunications provider designated by Tenant to service the Premises, so long as such provider is not utilizing the Site to provide service to third parties other than Tenant. Tenant shall have a non-exclusive right to use the fire stairwells in the Building (the “Fire Stairs”) for the purpose of access between the floors of the Building on which the Premises are located, at no additional rental charge to Tenant, provided that (1) such use shall be permitted by, and at all times be in accordance with, all applicable Legal Requirements (as that term is defined in Section 3.4 below); and (2) Tenant shall comply with all of Landlord’s reasonable rules and regulations adopted from time to time with respect thereto. Tenant may, at its sole cost and expense, install a key card locking system reasonably satisfactory to Landlord on all doors between the Fire Stairs and the floors of the Premises and tie Tenant’s security system into the Building security system, provided that in any event such locking system must be configured in such a way so as to automatically disengage in the event of an emergency. Tenant shall provide Landlord with a “master” card key so that Landlord shall have access through each entry door. Tenant may paint the Fire Stairs and install light fixtures therein and make such other Alterations as Landlord shall approve, which approval shall be granted or withheld in accordance with the terms of this Lease (provided, however, that under no circumstances shall Tenant be entitled to install (x) carpeting on the Fire Stairs or (y) lighting which does not meet the standards for emergency lighting).

Rights to Use Common Facilities. Subject to Landlord’s 's right to change or alter any of the following in Landlord’s 's discretion as herein provided, Tenant shall have, as appurtenant to the Premises, the non- non­ exclusive right to use in common with others, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice (a) the common lobbies, corridors, stairways, elevators, trash areas, parking areas, loading areas, and other similar areas and facilities of the Building, and the pipes, ducts, conduits, wires and appurtenant meters and equipment serving the Premises in common with others, (b) common walkways and driveways necessary for access to the Building, (c) if the Premises include less than the entire rentable floor area of any floor, the common toilets, corridors and elevator lobby of such floor, and (d) the Amenities set forth in Section 8.27 of this Lease (collectively, the “"Common Areas”"). No changes shall be made to the Common Areas that would unreasonably interfere with Tenant’s 's access to or use of the Premises for the purposes of this Lease or that would adversely affect the quality of the Common Areas (including without limitation the Amenities) serving the Building as of the Rent Commencement Date (subject to the provisions of Section 8.27 below). Notwithstanding anything to the contrary herein, Landlord has no obligation to allow any particular telecommunication service provider to have access to the Building or to the Premises except as may be required by applicable law and except that Landlord agrees to permit Verizon to have telecommunications access to the Premises and the Building at no additional charge for the purpose of providing telecommunications service to Tenant. Except as otherwise expressly provided S:\Legal\Waltham\77 Fourth Avenue\Leases\Phase Forward (HJ.doc above, if Landlord permits such access, Landlord may condition such access upon the payment to Landlord by the service provider of fees assessed by Landlord in its reasonable discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold, condition or delay its approval of any telecommunications provider designated by Tenant to service the Premises, so long as such provider is not utilizing the Site to provide service to third parties other than Tenant. Tenant shall have a non-exclusive right to use the fire stairwells in the Building (the “"Fire Stairs”") for the purpose of access between the floors of the Building on which the Premises are located, at no additional rental charge to Tenant, provided that (1I ) such use shall be permitted by, and at all times be in accordance with, all applicable Legal Requirements (as that term is defined in Section 3.4 below); and (2) Tenant shall comply with all of Landlord’s 's reasonable rules and regulations adopted from time to time with respect thereto. Tenant may, at its sole cost and expense, install a key card locking system reasonably satisfactory to Landlord on all doors between the Fire Stairs and the floors of the Premises and tie Tenant’s 's security system into the Building security system, provided that in any event such locking system must be configured in such a way so as to automatically disengage in the event of an emergency. Tenant shall provide Landlord with a “"master” " card key so that Landlord shall have access through each entry door. Tenant may paint the Fire Stairs and install light fixtures therein and make such other Alterations as Landlord shall approve, which approval shall be granted or withheld in accordance with the terms of this Lease (provided, however, that under no circumstances shall Tenant be entitled to install (x) carpeting on the Fire Stairs or (y) lighting which does not meet the standards for emergency lighting).