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Massachusetts Commercial Lease Agreement

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Massachusetts Commercial Lease Agreement Page 2
Massachusetts Commercial Lease Agreement
each objection to Landlord's statement of Expenses. If Tenant fails to give Landlord such notice of objection within the
ninety (90) day period or fails to provide Landlord with a notice, exercising Tenant's right to review within the one hundred
eighty (180) day period, Tenant shall be deemed to have approved and accepted Landlord's statement of Expenses and
waives any objection to the Expenses for that year. Tenant shall have no right to review Landlord's records or to object to
any statement of Expenses if any Rent is overdue on the date of Tenant's request or on the date of Tenant's objection.
"Expenses" - means all costs incurred in each calendar year in connection with operation, repairing, maintenance and
management of the structure and the land on which the Premises is located, but not limited to: (a) labor costs, including
wages, salaries, bonuses, taxes, insurance, uniforms, training, retirement plans and employee benefits; (b) management fees
and the cost of operating a management office; (c) cost of services; (d) rental and purchase cost for tools, equipment, parts
and supplies; (e) accounting costs; (f) insurance premiums and deductibles; (g) utility costs; and (h) the amortized cost of
capital improvements.
"Pro Rata Share"- means the percentage of the total that is determined by dividing the rentable square feet of the Tenant's
Premises by the total rentable square feet in the structure in which the Premises is located. For purposes of this calculation
all parties agree that the rentable square feet of the Premises is sq. ft. and that the total rentable square feet of the
structure in which the Premises is located is sq. ft. For purposes of this calculation the Taxes and Expenses are
to be calculated as though the structure is fully occupied.
"Taxes" - means (a) all real property taxes on the land and structure in which the Premises is located; (b) all excise and
personal property taxes for property that is owned by Landlord and used in connection with the operation, maintenance and
repair of the land and structure in which the Premises is located; and (c) all costs and fees incurred in connection with any
effort to reduce tax liabilities, including any costs incurred by Landlord to review, comply with or appeal tax liabilities.
Tenant shall pay Landlord the amount of Tenant's Pro Rata Share of any such increase in the Tax Excess within thirty (30)
days after Tenant's receipt of a statement from Landlord.
"Base Year" - with regard to Expenses means the calendar year immediately preceding the Commencement Date; and with
regard to Taxes means the fiscal year (July 1 to June 30) immediately preceding the Commencement Date.
4. Utilities / Cleaning. Tenant agrees to pay, as they become due, the charge for electricity, water and other utilities
furnished to the Premises that are separately metered, including fuel for heat and electricity for air conditioning. Except as
provided above, the Landlord shall supply hot and cold water, heating, ventilating and air conditioning ("HVAC") service
to the Premises and to the common hallways, stairways, elevators and restrooms during normal business hours. The Tenant
shall have the right to receive HVAC service during hours other than normal business hours, at Tenant's sole expense,
provided that reasonable advance notice, as specified by Landlord, has been given. The Landlord shall provide cleaning or
janitorial services according to the custom and practice for premises of similar type and size. The Landlord shall have no
other obligation to provide any equipment or utilities within the Premises. No utilities for use within the Premises shall be
installed or connected by Tenant without written authorization from Landlord. The Landlord shall have no liability for
non-delivery or interruption of utilities to Tenant and Tenant shall have no right to abate Rent on account of same.
5. Condition and Possession. Landlord agrees to maintain the structure of any building of which the Premises is part in
the same condition as the structure is on the Commencement Date, excepting reasonable wear and tear and damage by fire
and other casualty. The Premises are accepted by Tenant in "as is" condition and without any other warranty or
representation from Landlord. The Landlord shall not be liable for any failure to deliver possession of the Premises or any
other space due to the holdover or unlawful possession of such space by any party. In such event, the Commencement Date
for such space shall be postponed until the date Landlord delivers possession of the Premises to Tenant free from
occupancy by any party. In the event that the Tenancy is interrupted or terminated as a result of Force Majeure or other act
beyond the control of the Landlord, as defined in paragraph 23, shall not render Landlord liable to Tenant, constitute a
constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any
covenant or agreement. Tenant agrees that Tenant shall have the duty to comply with the requirements of the Americans
With Disabilities Act ("ADA") concerning use of the Premises and Tenant agrees to indemnify and defend Landlord with
regard to any claim alleging violation of the ADA or similar law or regulation.
6. Security Deposit. Tenant shall pay a "Security Deposit" to Landlord in the amount of
dollars ($ upon the execution
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Massachusetts Commercial Lease Agreement