Common use of Shared Areas Clause in Contracts

Shared Areas. (a) Notwithstanding anything to the contrary in the Master Lease or contained herein, Subtenant shall have the right to shared use of the reception area (“Reception”) with Sublandlord’s reception services provided at no additional cost, café (“Café”), the two (2) videoconference rooms on the sixteen (16th) floor (the “Cambridge Room” and the “Menlo Park Room”, respectively) and the two (2) shower rooms (“Shower”) (collectively, Reception, Café, Cambridge Room, Menlo Park Room and Shower are referred to herein as the “Shared Areas”). The Shared Areas contain approximately 5,134 square feet of space. Sublandlord and Subtenant agree to coordinate their respective usage of the Shared Areas; however, the scheduling and use of the Cambridge Room and Menlo Park Room shall be on a first come, first served basis, except that Sublandlord shall have the right to exclusive use of the Cambridge Room on Mondays throughout the Sublease Term. (b) At any time during the Sublease Term, to the extent that Sublandlord shall, in its sole and absolute discretion, determine that Subtenant’s consumption or use of the Shared Areas, including, but not limited to, telephone and videoconferencing services, constitutes an excessive use beyond those normally consumed in Sublandlord’s business operations (including above-normal long distance charges), then Subtenant shall be responsible for the charges for such excessive use being furnished, and Subtenant agrees to pay Sublandlord within ten (10) business days after receipt of an invoice therefor. (c) Commencing on the Commencement Date, Subtenant shall pay $100.00 per month per employee operating in the Subleased Premises (the “Café Charge”) for Subtenant’s use of the Café. Thereafter, Sublandlord will invoice Subtenant for the Café Charge for such applicable calendar month, and on or before the first day of each calendar month during the Sublease Term, Subtenant’s office manager will provide Sublandlord or its designated representative with the number of employees that Subtenant employees at the Subleased Premises for the following month together with the Café Charge for that month based on such number of employees and certifying to the accuracy thereof. Sublandlord has the right to verify the number of Subtenant’s employees submitted by Subtenant or its agent. (d) To the fullest extent permitted by applicable law, Sublandlord shall not be liable for any personal injury to Subtenant, Subtenant’s employees, agents, invitees, customers, clients, family members, guests or licensees arising from the use and condition of the Shared Areas or any parts of the Building and the Property (as such term is defined in the Master Lease) upon which the Building is located in connection with the use of and access to the Shared Areas, except to the extent caused by Sublandlord’s or Sublandlord’s agents, contractors and employees gross negligence or willful misconduct, and in no event shall Sublandlord ever be liable for any indirect or consequential damages or loss of profits or the like from any cause whatsoever. (e) Subtenant agrees that neither Sublandlord nor any successor of Sublandlord nor any beneficiary, trustee, member, manager, partner, director, officer, employee or shareholder of Sublandlord or such successor shall ever be personally liable for any such judgment, or for the payment of any monetary obligation to Subtenant.

Shared Areas. (a) Notwithstanding anything Seller and Purchaser each require access to the contrary in the Master Lease or contained herein, Subtenant shall have the right to shared use of the reception area (“Reception”) with Sublandlord’s reception services provided at no additional cost, café (“Café”), the two (2) videoconference rooms negative 20 degree freezer located on the sixteen (16th) first floor to the Premises (the “Cambridge Room” and the “Menlo Park RoomFreezer”, respectively) and the two room/physical areas diagramed on Exhibit J hereto (2) shower rooms (the “Shower”) (collectivelyPhysical Areas” and together with the Freezer, Reception, Café, Cambridge Room, Menlo Park Room and Shower are referred to herein as the “Shared Areas”). Purchaser shall make the Freezer available to Seller on a non-exclusive basis and at no expense to Seller (that is, rent-free and with no charges for utilities or other services) for the period from the Closing Date until January 31, 2005. Purchaser shall make the Physical Areas available to Seller on a non-exclusive basis and at no expense to Seller (that is, rent-free and with no charges for utilities or other services) for the period from the Closing Date until the (i) date upon which Seller is a no longer a tenant of any portion of Building A, West Park, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ or (ii) June 30, 2007, whichever occurs first. The Shared Areas contain approximately 5,134 square feet may be used by Seller during the respective time periods described in this Section 5.2 solely for the storage and operation of space. Sublandlord Seller’s computer and Subtenant agree to coordinate their respective usage telecommunications equipment and other items described on Exhibit 5.2 and the warehousing of Seller’s products and raw materials and only in ways that are consistent with Seller’s past use of the Shared Areas. Purchaser shall only have access to the Shared Areas during the Access Period on an as-needed basis and subject to Purchaser’s normal security requirements; provided, however, Purchaser shall have unlimited access to the scheduling and Ante-Room diagramed on Exhibit J during the Access Period. Purchaser shall have no liability to Seller for any damage to Seller’s property within the Shared Areas or use of the Cambridge Room and Menlo Park Room Shared Areas except for damage caused by conduct of Purchaser that constitutes gross negligence or willful misconduct. Seller shall be on deliver to purchaser a first come, first served basis, except certificate of insurance indicating that Sublandlord shall have the right to exclusive Seller’s use of the Cambridge Room on Mondays Shared Areas remains subject to coverage throughout the Sublease Term. (b) At any time during duration of the Sublease TermAccess Period and, if requested in writing by Purchaser, naming Purchaser as an intended beneficiary of such policy solely with respect to the extent that Sublandlord shall, in its sole and absolute discretion, determine that Subtenantloss events occurring as a result of or relating to Seller’s consumption access to or use of the Shared Areas, including, but not limited to, telephone and videoconferencing services, constitutes an excessive use beyond those normally consumed in Sublandlord’s business operations (including above-normal long distance charges), then Subtenant . Seller shall be responsible for the charges for such excessive use being furnished, and Subtenant agrees to pay Sublandlord within ten (10) business days after receipt of an invoice therefor. (c) Commencing on the Commencement Date, Subtenant shall pay $100.00 per month per employee operating in the Subleased Premises (the “Café Charge”) for Subtenant’s use of the Café. Thereafter, Sublandlord will invoice Subtenant for the Café Charge for such applicable calendar month, and on or before the first day of each calendar month during the Sublease Term, Subtenant’s office manager will provide Sublandlord or its designated representative with the number of employees that Subtenant employees at the Subleased Premises for the following month together with the Café Charge for that month based on such number of employees and certifying any damage to the accuracy thereof. Sublandlord has the right to verify the number of SubtenantPremises that may be caused by Seller’s employees submitted by Subtenant representatives or its agent. (d) To the fullest extent permitted by applicable law, Sublandlord shall not be liable for any personal injury to Subtenant, Subtenant’s employees, agents, invitees, customers, clients, family members, guests or licensees arising from the use and condition of the Shared Areas their invitees or any parts of the Building and the Property (as such term is defined in the Master Lease) upon which the Building is located in connection with the use of and access to its property within the Shared Areas, except to the extent caused by Sublandlord’s or Sublandlord’s agents, contractors and employees gross negligence or willful misconduct, and in no event shall Sublandlord ever be liable for any indirect or consequential damages or loss of profits or the like from any cause whatsoever. (e) Subtenant agrees that neither Sublandlord nor any successor of Sublandlord nor any beneficiary, trustee, member, manager, partner, director, officer, employee or shareholder of Sublandlord or such successor shall ever be personally liable for any such judgment, or for the payment of any monetary obligation to Subtenant.