Carbonite 2011 Annual Report Download - page 140

17.16 Access by Landlord . Landlord, Landlord’
s agents and employees shall have the right to enter upon any and all parts of the Tenant Space at
any reasonable time upon prior reasonable oral or written notice (except in the case of an emergency when no prior notice shall be required, and except
as otherwise expressly set forth below) to examine the condition thereof, to clean, to make any repairs, alterations or additions required to be made by
Landlord hereunder, to show the Tenant Space to prospective purchasers or prospective or current mortgage lenders (in either case only upon forty-
eight
(48) hours’ prior oral or written notice), to show the Tenant Space to prospective tenants (only during the last nine (9) months of the Term, and only
upon forty-eight (48) hours’
prior oral or written notice), to determine whether Tenant is complying with all of its obligations under this Lease, and/or to
exercise any of Landlord’s rights or remedies hereunder. In connection with Landlord’s rights hereunder, Tenant agrees that Landlord shall at all times
have and retain a key that will unlock all of the doors in, on or about the Tenant Space; and, in the absence of such a key, Landlord shall have the right
to use any reasonable means to open such doors to obtain entry to the Tenant Space. Notwithstanding anything herein to the contrary, except for
emergencies, Landlord shall use reasonable efforts to minimize disruption of Tenant’s business or occupancy during such entries.
17.17 Rights Reserved by Landlord . Except as otherwise expressly provided to the contrary in this Lease, Landlord hereby expressly reserves
all rights related to the Premises, the Datacenter, the Building and the Property, including the right: (i) to change the name or street address of the
Building and/or the Property; (ii) to install, affix and maintain all signs on the exterior and/or interior of the Building and/or the Property; (iii) to change,
from time to time, the dimensions, configurations and locations of the Common Areas, and/or to otherwise make such alterations to the Datacenter or the
Building as Landlord deems desirable; (iv) to install, operate and maintain systems which monitor, by closed circuit television or otherwise, all persons
entering or leaving the Building, the Datacenter, and/or the Property; (v) to install and maintain pipes, ducts, conduits, wires and structural elements
located in the Datacenter or the Tenant Space and which serve other parts or other tenants or occupants of the Datacenter, the Building and/or the
Property; (vi) to create any additional improvements to structural and/or mechanical systems, interior and exterior walls and/or glass; and (vii) to lease
space in the Datacenter, the Building and the Property, and to create such other tenancies in the Datacenter, the Building and the Property as Landlord
shall desire. In exercising its rights under this Section 17.17, Landlord shall not (i) reduce the size or volume of the Tenant Space more than a de
minimus amount, (ii) except in an emergency, impact the operation of Tenant’s business operations in any material manner, or the privacy of Tenant’s
customers in the Tenant Space without having given Tenant at least seven (7) calendar days prior written notice, or (iii) materially affect the visibility of
Tenant’s Lobby Signage to visitors to the lobby of the Building. In scheduling any Datacenter, Building, or Property repair or maintenance, Landlord
shall use reasonable efforts to minimize any impact on Tenant’s operations in the Tenant Space.
17.18 Counterparts; Delivery by Facsimile or E-mail . This Lease may be executed simultaneously in two or more counterparts each of which
shall be deemed an original, but all of which shall constitute one and the same Lease. Landlord and Tenant agree that the delivery of an executed copy of
this Lease by facsimile or e-
mail shall be legal and binding and shall have the same full force and effect as if an original executed copy of this Lease had
been delivered.
-
40
-