Common use of Sublease of Subleased Premises Clause in Contracts

Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublandlord hereby subleases to Subtenant, and Subtenant hereby subleases from Sublandlord: (i) Effective on the Commencement Date, defined below, a portion of the Ninth Floor Premises containing approximately 16,000 rentable square feet as shown on Exhibit A-1 attached hereto (the “Ninth Floor Subleased Premises”); (ii) Effective on the Commencement Date, the Initial First Floor Premises containing approximately 371 rentable square feet as shown on Exhibit A-2 attached hereto (the “First Floor Subleased Premises”); and (iii) Effective on the Commencement Date, the Initial Lower Level Premises containing approximately 472 rentable square feet as shown on Exhibit A-3 attached hereto (the “Lower Level Subleased Premises” and together with the Ninth Floor Subleased Premises and the First Floor Subleased Premises, collectively, the “Subleased Premises”). This Sublease shall include Subtenant’s right to use on a non-exclusive basis with Sublandlord from the Commencement Date through and including the Expiration Date (in accordance with reasonable procedures for such shared use to be established by Sublandlord), the shared glass wash facility located in the common area of the ninth floor of the Building as shown on Exhibit A-4 attached hereto (the “Ninth Floor Common Area”).

Sublease of Subleased Premises. For the rent and upon the terms and conditions herein, Sublandlord Sublessor hereby subleases to SubtenantSublessee, and Subtenant Sublessee hereby subleases from Sublandlord: Sublessor approximately 34,014 square feet of rentable space, which is made up of (i) Effective the space on ▇▇▇▇▇ ▇▇ consisting of approximately 33,529 square feet of rentable space, including two (2) “control zones” (the “First Floor Premises”), (ii) the acid neutralization room on Level P-2 consisting of approximately 185 square feet of rentable space (the “2010 Acid Neutralization Room”) and (iii) the chemical storage room on Level P-1 consisting of approximately 300 square feet of rentable space (the “300 SF Chemical Storage Room,” which together with the 2010 Acid Neutralization Room and the First Floor Premises is referred to herein as the “Subleased Premises”) as shown on Exhibit B attached hereto. During the term hereof, Sublessee shall have access to and use of the Subleased Premises twenty-four (24) hours a day, 7 days a week, subject to the terms of this Sublease. If Sublessor acquires the Furniture (as defined hereafter), then Sublessor also grants Sublessee the right to use those items of personal property identified on Exhibit C attached hereto and made a part hereof (the “Furniture”), together with the existing voice and data network cabling in the Subleased Premises as of the Commencement Date (as hereinafter defined), all without additional charge except as provided in the next sentence. SUBLESSOR AND SUBLESSEE ACKNOWLEDGE AND AGREE THAT SUBLESSOR WILL USE REASONABLE EFFORTS TO PURCHASE THE FURNITURE FROM ARCHEMIX, BUT THAT SAID PURCHASE WILL BE CONTINGENT ON AND SUBJECT TO SUBLESSOR AND SUBLESSEE EXECUTING A MUTUALLY SATISFACTORY LEASE AGREEMENT, WHEREBY SUBLESSEE SHALL LEASE THE FURNITURE FOR THE TERM OF THIS SUBLEASE, PURSUANT TO SUCH TERMS AND CONDITIONS AS SUBLESSOR AND SUBLESSEE SHALL MUTUALLY AGREE. In such case, Sublessee will accept possession of the Furniture and said cabling “as is, where is” and in its then-current condition, Sublessor having made no representation or warranty of any kind, express or implied (including, but not limited to, any warranty of fitness for any particular use or purpose) with respect to any of the same. If Sublessee so leases the Furniture, Sublessee shall keep the Furniture in the same condition as exists on the Commencement Date, defined belowordinary wear and tear and damage by casualty excepted, a portion of but Sublessee shall not be required to replace any items unless replacement is required due to Sublessee’s gross negligence or willful misconduct. Sublessee shall leave the Ninth Floor Premises containing Furniture in approximately 16,000 rentable square feet as shown on Exhibit A-1 attached hereto (the “Ninth Floor Subleased Premises”); (ii) Effective configuration in which Sublessee accepts the Furniture on the Commencement Date, but shall have no duty to remove such Furniture or said cabling upon the Initial First Floor Premises containing approximately 371 rentable square feet as shown on Exhibit A-2 attached hereto (the “First Floor Subleased Premises”); and (iii) Effective on the Commencement Date, the Initial Lower Level Premises containing approximately 472 rentable square feet as shown on Exhibit A-3 attached hereto (the “Lower Level Subleased Premises” and together with the Ninth Floor Subleased Premises and the First Floor Subleased Premises, collectively, the “Subleased Premises”). This Sublease shall include Subtenant’s right to use on a non-exclusive basis with Sublandlord from the Commencement Date through and including the Expiration Date (in accordance with reasonable procedures for such shared use to be established by Sublandlord), the shared glass wash facility located in the common area expiration or earlier termination of the ninth floor of the Building as shown on Exhibit A-4 attached hereto (the “Ninth Floor Common Area”)this Sublease.