Carbonite 2011 Annual Report Download - page 171

5.3 Alterations; Fixtures .
5.3.1 Tenant will make no alteration, change, improvement, repair, replacement or physical addition in or to the OS Tenant Space or
the Building without the prior written consent and approval of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. All
materials introduced by or for Tenant, or anyone claiming by, through, or under Tenant, into the OS Tenant Space and/or, except as otherwise permitted
pursuant to the provisions of the Lease, the Property must be consented to in advance by Landlord. All cable installed by or for Tenant, or anyone
claiming by, through, or under Tenant, in the OS Tenant Space and/or otherwise at the Property must be plenum rated. If such prior written consent of
Landlord is granted, the work in such connection shall be at Tenant’s expense by workmen and contractors approved in advance in writing by Landlord
and in a manner and upon terms and conditions and at times that are reasonably satisfactory to and reasonably approved in advance in writing by
Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant’s contractors,
laborers, materialmen and others furnishing labor or materials for Tenant’s job working in harmony and not interfering 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to fault, the consent granted by Landlord to Tenant may be withdrawn at any time upon written notice to Tenant.
5.3.2 Tenant shall remove Tenant’s trade fixtures, office supplies and movable office furniture and equipment not attached to the
Building prior to the expiration of the OS Rider Term. All other property in the OS Tenant Space and any alteration or addition to the OS Tenant Space
(including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the floor, wall or ceiling of the OS Tenant
Space or the Building shall, upon such expiration or termination, become the property of Landlord, shall be surrendered in good condition, normal wear
and tear and damage caused by a Casualty Event, Taking or a Landlord breach excepted, and shall remain upon, and be surrendered with, the OS Tenant
Space or the Building, as applicable, as part thereof at the expiration of the OS Rider Term, Tenant hereby waiving all rights to any payment or
compensation therefor; provided, however, that Tenant shall, in any event, remove all cabling, including, without limitation, telephone and computer
cabling, installed in the OS Tenant Space and/or the risers of the Building in connection with Tenant’s lease of the OS Tenant Space. If, however,
Landlord so requests in writing, Tenant will, prior to the termination of this Rider, remove in a good and workmanlike manner any and all alterations,
additions, fixtures, equipment and property placed or installed by Tenant in or about the OS Tenant Space and/or the Building in connection with each
alteration, including, without limitation, above ceiling alterations, and will repair any damage occasioned by such removal. Landlord agrees to make
such election at the time that Landlord approves Tenant’s plans for any such alteration, if Tenant requests in writing that Landlord make such election at
the time that Tenant request Landlord’s approval of such alteration.
6. MISCELLANEOUS.
6.1 Incorporation; Amendment; Merger . The OS Tenant Space shall be deemed to be a part of the Tenant Space under the Lease for the
purposes of Sections 2.3 (except for rent), 6.3.1, 8.1, 8.4, 9, 10, 11, 12, 13, 14, 15 and 16. This Rider, along with any exhibits and attachments or other
documents referred to herein, all of which are hereby incorporated into this Rider by this reference, constitutes the entire and exclusive agreement
between Landlord and Tenant relating to the OS Tenant Space, and each of the aforementioned documents may be altered, amended or revoked only by
an instrument in writing signed by the party to be charged thereby. All prior or contemporaneous oral or written agreements, understandings and/or
practices relative to the leasing or use of the OS Tenant Space are merged herein or revoked hereby. This Rider is hereby incorporated into the Lease by
this reference.
6.2 Effectiveness of Rider . This Rider shall not be binding or effective until the parties have executed and delivered an original or
counterpart hereof to each other.
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