HOURS" FOR THE
BUILDING SHALL MEAN 8:00 A.M. TO 6:00 P.M. MONDAYS THROUGH FRIDAYS, AND 8:00
A.M. TO 1:00 P.M. ON SATURDAYS, EXCLUSIVE OF HOLIDAYS.
J.
"NOTICE ADDRESSES" SHALL MEAN THE
FOLLOWING ADDRESSES FOR TENANT AND LANDLORD, RESPECTIVELY:
Tenant:
EnerNOC, Inc.
75 Federal Street, #300
Boston, MA
02110
Attn:
General Counsel
Landlord:
TRANSWESTERN FEDERAL, L.L.C.
C/O LINCOLN PROPERTY COMPANY
75 FEDERAL STREET, 7TH FLOOR
BOSTON, MA
02110
Attn:
General Manager
with a copy to:
Transwestern Investment Company
150 North Wacker Drive, Suite 800
Chicago, IL
60606
Attn:
Owner's Representative
and to:
Drane, Freyer and Lapins
150 North Wacker Drive
8th Floor
Chicago, IL 60606
Attn:
Wendy Freyer, Esq.
Payments of Rent only shall be made payable to the order of:
Transwestern Federal, L.L.C.
2
at the following address:
C/O LINCOLN PROPERTY COMPANY
PO BOX 842546
BOSTON, MA
02284-2546
OR SUCH OTHER NAME AND ADDRESS AS LANDLORD SHALL, FROM TIME TO TIME, DESIGNATE.
K.
"PERMITTED USE" SHALL MEAN GENERAL OFFICE
USE AND NO OTHER USE OR PURPOSE.
L.
"PREMISES" SHALL MEAN THE OFFICE SPACE
LOCATED WITHIN THE BUILDING AND OUTLINED ON EXHIBIT A TO THIS LEASE. IF THE
PREMISES INCLUDE ONE OR MORE FLOORS IN THEIR ENTIRETY, ALL CORRIDORS AND
RESTROOM FACILITIES LOCATED ON SUCH FULL FLOOR(S) SHALL BE CONSIDERED PART OF
THE PREMISES.
M.
"PROPERTY" SHALL MEAN THE BUILDING AND THE
PARCEL OF LAND ON WHICH IT IS LOCATED AND OTHER IMPROVEMENTS SERVING THE
BUILDING, IF ANY, AND THE PARCEL OF LAND ON WHICH THEY ARE LOCATED.
N.
"RENTABLE AREA IN THE BUILDING" SHALL MEAN
561,542 SQUARE FEET.
O.
"RENTABLE AREA IN THE PREMISES" SHALL MEAN
15,425 SQUARE FEET.
P.
"RENT COMMENCEMENT DATE" SHALL MEAN
DECEMBER 15, 2007.
2.
Lease Grant/Possession.
A.
SUBJECT TO AND UPON THE TERMS HEREIN SET
FORTH, LANDLORD LEASES TO TENANT AND TENANT LEASES FROM LANDLORD THE PREMISES ON
AN "AS IS" BASIS (EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN), TOGETHER WITH
THE RIGHT, IN COMMON WITH OTHERS, TO USE THE COMMON AREAS. THE PREMISES SHALL BE
DELIVERED TO TENANT ON THE COMMENCEMENT DATE IN "BROOM CLEAN" CONDITION, FREE OF
ALL OCCUPANTS, WITH ALL SYSTEMS SERVING THE SAME IN GOOD AND OPERATIONAL
CONDITION. BY TAKING POSSESSION OF THE PREMISES, TENANT IS DEEMED TO HAVE
ACCEPTED THE PREMISES AND AGREED THAT THE PREMISES IS IN GOOD ORDER AND
SATISFACTORY CONDITION UNLESS TENANT NOTIFIES LANDLORD IN WRITING WITHIN TWO (2)
BUSINESS DAYS AFTER DELIVERY OF ALL RESPECTS IN WHICH THE PREMISES DO NOT COMPLY
WITH THE REQUIREMENTS OF THE PRIOR SENTENCE, WITH NO REPRESENTATION OR WARRANTY
BY LANDLORD AS TO THE CONDITION OF THE PREMISES OR THE BUILDING OR SUITABILITY
THEREOF FOR TENANT'S USE.
B.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS LEASE, IF LANDLORD IS UNABLE TO TENDER POSSESSION OF ANY
PORTION OF THE PREMISES ON THE DATE POSSESSION IS TO BE DELIVERED DUE TO THE
HOLDING OVER OF ANOTHER PARTY, THIS LEASE SHALL NOT BE VOID OR VOIDABLE OR
OTHERWISE AFFECTED AND TENANT SHALL HAVE NO CLAIM FOR DAMAGES AGAINST LANDLORD.
LANDLORD SHALL USE