Lease (including, without limitation, this Amendment and Section 13 of the Lease), and Landlord’sscheduling and coordination requirements, which may take into account, among other things, WSICorporation’s scheduling and operating requirements (WSI Corporation is another Building tenant).           (b) Tenant understands that WSI Corporation uses its space “24/7” for critical functions,including national TV broadcasts. Thus, in addition to its other obligations, Tenant will ensure atits cost that the Installation and Operation do not disrupt or interfere with WSI Corporation’soperations, whether because of noise, vibration, leaks or otherwise. This may require, for example,additional weatherproofing and measures to reduce noise or vibration that go beyond typicalinstallations. Without limiting the generality of Section 3.2(a) in any way, considering the workscope and the critical nature of the operations of Tenant and WSI Corporation in the Building:Landlord may control the timing, means and methods of the Installation and Operation (and mayrequire Tenant to perform some of the work before or after normal business hours); Landlord mayhire H.F. Lenz and other professionals to review Tenant’s Drawings, meet and consult with Tenant,and inspect and supervise aspects of the Installation and Operation, and if so Tenant will paytheir reasonable out-of-pocket fees and expenses (not to exceed $2,000 for the initialinstallation) within 15 days after invoices are submitted; and Landlord’s or its Affiliates’ orprofessionals’ review, inspections, supervision, approval, modification or rejection of theDrawings, any means or methods, or any other aspect of the Temporary Equipment or the Installationand Operation are solely for Landlord’s benefit, will not be deemed a representation or warranty asto safety, efficacy, adequacy, effectiveness, compliance or other matters or a waiver of any ofTenant’s Liabilities, require Landlord to notify, act or respond in any manner, or permit Tenant orits Affiliates, clients or co-locators to make any claims against Landlord or its Affiliates orprofessionals (and all such claims are hereby waived).           (c) Tenant will be solely responsible at its cost for: the Temporary Equipment, theLandscaping, the Installation and Operation and all required permits and approvals; and providing“as-built” plans within 30 days after the Temporary Equipment is installed. But Landlord reservesthe right at Tenant’s cost and risk to perform any aspects of the Installation and Operation thataffect the Building’s structure or that tie into the Building’s Systems and Equipment, or thatinvolve the Landscaping, and Tenant will pay Landlord’s reasonable out-of-pocket costs incurredwithin 30 days after invoices are submitted. Tenant will not remove the Landscaping unless itpromptly replaces it or Tenant also removes the Temporary Equipment at the same time. All repairsand replacements will be of at least equivalent quality and specifications.           (d) Tenant will take all necessary steps to minimize, but will be solely responsible for andpromptly repair at its cost to Landlord’s reasonable satisfaction, any damage caused by or arisingfrom or in connection with the Temporary Equipment, the Landscaping or the Installation andOperation and restore affected areas to their prior condition.     3.3 Removal of Temporary Equipment. Tenant understands that Landlord considers theEmergency Chiller and the other Temporary Equipment an eyesore that materially diminishes theProject’s and Minuteman Park’s value and attractiveness to other tenants, and so Landlord wantsthem removed as quickly as possible. Thus Tenant will remove the Temporary Equipment and theLandscaping and repair any resulting damage and restore affected areas before the “Removal Date,”which is the earlier of: December 31, 2009; or seven months after the New Chiller first appears atthe Project. The Removal Date is material to Landlord, and so if Tenant fails to remove, repair andrestore as required, in addition to any other amounts owed by Tenant under the Lease Tenant willpay Landlord the following amounts for each day thereafter until Tenant has done so: $1,000 per day
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for each of the first 30 days after the Removal Date; $2,000 per day for each of the next 30 days;$3,000 per day for each of the next 30 days; and $5,000 per day thereafter. (A partial day isdeemed to be a “day” for these purposes.) Time is of the essence in this Amendment. These per diemamounts will be payable by Tenant weekly in arrears without further notice or bills, althoughLandlord may deliver further notices or bills if it wishes to. **The parties understand that itwould be difficult to precisely determine Landlord’s actual damages under these circumstances, sothese per diem amounts are agreed to be a reasonable forecast of damages under the circumstancesand not a penalty, and will be considered liquidated damages for Tenant’s failure to perform asand when required.**     3.4 Liability. As a material inducement to Landlord: (a) Tenant and its Affiliateswaive all claims against Landlord and its professionals and Affiliates in connection with theTemporary Equipment, the Landscaping and the Installation and Operation, or any of them,regardless of cause or fault (including, without limitation, Liabilities arising from or inconnection with damage, breakage, defect or interruption of service, or Landlord’s grossnegligence or willful misconduct); and (b) Tenant will indemnify Landlord and its professionalsand Affiliates from all associated Liabilities (except for Liabilities directly caused byLandlord’s gross negligence or willful misconduct).     3.5 Miscellaneous. All amounts owed by Tenant to Landlord hereunder will beconsidered additional rent under the Lease. Without limiting the generality of Section 3.2(a),Tenant’s contractors and subcontractors at all times will carry occurrence-based liabilityinsurance in amounts and on policy forms reasonably satisfactory to Landlord and all otherinsurance required by the Lease, name Landlord and its designees as additional insureds andprovide complying certificates of insurance before beginning work. Landlord’s rights and remediesare cumulative and not exclusive. Tenant agrees that Landlord has fully complied with its Leaseobligations. This Amendment may be executed in counterparts, all of which together will constituteone agreement. The Lease (including, without limitation, Amendment #6) is in full force andeffect, and except as set forth in this Amendment it remains unchanged.IN WITNESS WHEREOF, intending to be legally bound, the parties have executed this Amendment #7 asof the date in Section 1 above.               **NAVISITE, INC.**   **400 MINUTEMAN LLC**               By: /s/ Jim Pluntze   By: Minuteman Master LLC, Sole Member   Name: Jim Pluntze              Title: CFO     By: 150 Minuteman Limited Partnership,  Authorized Signature       Managing Member                         By: Niuna-150 Minuteman, Inc.,            General Partner                           By: /s/ Martin Spagat                             Name: Martin Spagat              Title: Vice President
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