Carbonite 2011 Annual Report Download - page 122

8.2 Tenant’s Maintenance . During the Term of this Lease, Tenant shall, at Tenant’s sole cost and expense, maintain the non-structural portions
of the Tenant Space and Tenant’s equipment therein in good order and condition. If Tenant fails to maintain the non-structural portions of the Tenant
Space as required by the foregoing sentence, or if Tenant or any of Tenant’
s technicians or representatives physically damages the Property, the Building
or any portion of the Building or the Property, or the personal property of any other tenant or occupant, or causes an interruption of services to the
Premises, the Datacenter and/or in the Building, Landlord may, but shall not be obligated to: (i) perform the maintenance and repair which Tenant was
required to perform, (ii) repair the damage caused by Tenant or its technicians or representatives, or (iii) restore such interruption of services, as the case
may be, and any reasonable amounts expended by Landlord in connection therewith, plus an administrative charge of ten percent (10%) of such
amounts, shall be reimbursed by Tenant to Landlord as Additional Rent within thirty (30) calendar days after Landlord’s demand therefor.
8.3 Alterations .
8.3.1 Except as expressly permitted under this Lease or as otherwise authorized by Landlord in writing, Tenant shall not make or cause to be
made any Alterations to the Tenant Space, the Datacenter, or any other portion of the Building or Property without the prior written consent and
approval of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. The foregoing notwithstanding, Landlord’s consent
shall not be required for any usual and customary installations, repairs, maintenance, and removals of equipment and telecommunication cables within
the Tenant Space if and to the extent that such installations, repairs, maintenance, and removals (i) are usual and customary within the industry, (ii) are
in compliance with the Datacenter Rules and Regulations, and (iii) will not affect the Building’s structure, the provision of services to other Building
tenants, or the Building’s electrical, plumbing, HVAC, life safety or mechanical systems. Landlord and Tenant acknowledge and agree that
(a) Landlord’s Installations and Landlord’
s OS Installations are hereby deemed to be Alterations hereunder; and (b) all Alterations shall be left as part of
the Tenant Space without any obligation on Tenant’s part to remove the same, upon the expiration or earlier termination of this Lease, in good and
operable condition, ordinary wear and tear excepted, and damage caused by a Casualty Event, Taking, or the default of Landlord excepted.
8.3.2 Each request for Alterations consent must contain one (1) full size hard copy of all drawings together with one (1) full set of drawings
on CD.
8.3.3 In any instance where Tenant desires to conduct Alterations, Tenant’s contractors, laborers, material men and others furnishing labor
or materials for Tenant’s job must work in harmony, and not interfere, with any labor utilized by Landlord, Landlord’s contractors or mechanics or by
any other tenant or such other tenant’s contractors or mechanics; and if at any time such entry by one (1) or more persons furnishing labor or materials
for Tenant’s work shall cause disharmony or interference for any reason whatsoever without regard to fault, the consent granted by Landlord to Tenant
and/or the express or implied permission for such persons to enter the Premises may be withdrawn at any time upon written notice to Tenant.
Additionally, all such contractors, laborers, material men and others must obtain (and provide Landlord evidence of) such insurance as Landlord may
reasonably require, prior to any such entry; provided that, in no event shall such insurance requirements exceed those that are described on Exhibit “B-
1” , attached hereto.
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