(a) The Equipment will be installed as soon as reasonably possible in the locations specifiedin the Drawings and Exhibit C-9 attached, diligently and in a good and workmanlike manner,and in accordance with the Drawings, applicable Laws, the Lease (including, without limitation,this Amendment and Section 13 of the Lease), and Landlord’s scheduling and coordinationrequirements, which may take into account, among other things, WSI Corporation’s scheduling andoperating 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 measures that go beyond typical installations. Without limiting the generality ofSection 3.2(a) in any way, considering the work scope and the critical nature of the operations ofTenant and WSI Corporation in the Building: Landlord may control the timing, means and methods ofthe Installation and Operation (and may require Tenant to perform some of the work before or afternormal business hours); Landlord may hire H.F. Lenz and other professionals to review Tenant’sDrawings and inspect and supervise aspects of the Installation and Operation, and if so Tenant willpay their reasonable out-of-pocket fees and expenses (not to exceed $5,000 for the initialinstallation) within 15 days after invoices are submitted; and Landlord’s or its professionals’review, inspections, supervision, approval, modification or rejection of the Drawings, any means ormethods, or any other aspect of the Installation and Operation, will not be deemed a representationor warranty as to safety, efficacy, adequacy, effectiveness, compliance or other matters, or awaiver of any of Tenant’s Liabilities, or subject Landlord or those professionals to any claimsfrom Tenant.          (c) Tenant will be solely responsible at its cost for: the Equipment, the Installation andOperation, and all required permits and approvals; and for providing “as-built” plans within 30days after the Equipment is installed. But Landlord reserves the right at Tenant’s cost and riskto perform any aspects of the Installation and Operation that affect the roof or the Building’sstructure or that tie into the Building’s Systems and Equipment, and Tenant will pay Landlord’sreasonable out-of-pocket costs incurred within 30 days after invoices are submitted. Tenant willnot remove the Equipment unless it promptly replaces it. All repairs and replacements will be ofat least equivalent quality and specifications. When the Term ends Tenant will leave the Equipmentin place and it will be deemed surrendered to Landlord without additional consideration.          (d) Tenant will take all necessary steps to minimize any potential damage to the Building andthe rest of the Project, but will be solely responsible for, and promptly repair at its cost toLandlord’s reasonable satisfaction, any damage caused by or arising from or in connection with theEquipment or the Installation and Operation.     3.3 Liability. As a material inducement to Landlord: Tenant waives all claimsagainst Landlord and its Affiliates in connection with the Equipment or the Installation andOperation,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 Tenant will indemnify Landlord and its Affiliates from allassociated Liabilities (except for Liabilities directly caused by Landlord’s gross negligence orwillful misconduct).
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3.4 Miscellaneous. Without limiting the generality of Section 3.2(a), Tenant’s contractorsand subcontractors at all times will carry occurrence-based liability insurance in amounts and onpolicy forms reasonably satisfactory to Landlord and all other insurance required by the Lease,name Landlord and its designees as additional insureds and provide complying certificates ofinsurance before beginning work. Tenant agrees that Landlord has fully complied with its Leaseobligations. This Amendment may be executed in counterparts, all of which together will constituteone agreement.IN WITNESS WHEREOF, intending to be legally bound, the parties have executed this Amendment #9 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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