SUCH MORTGAGEE TO THE RELEASE OF THE
IMPROVEMENT ALLOWANCE.
(B)
IN ADDITION TO IMPROVEMENTS TO THE EXPANSION SPACE, TENANT AGREES
THAT IT SHALL INSTALL EXTERIOR DOORS ON OR BEFORE JUNE 30, 2008 AT ITS SOLE COST
AND EXPENSE.
TENANT AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THE ORIGINAL LEASE LANDLORD SHALL HAVE NO OBLIGATION TO TENANT TO
PERFORM THE FOREGOING DOOR WORK OR TO (I) PAINT THE BUILDING EXTERIOR; OR (II)
CONSTRUCT OR INSTALL EXTERIOR SIGNAGE, INCLUDING, WITHOUT LIMITATION, A NEW
MONUMENT SIGN.
6.
PARKING AND LOADING DOCK.
SUBJECT TO THE TERMS AND CONDITIONS OF
THE LEASE,
TENANT SHALL HAVE THE EXCLUSIVE RIGHT TO PARK IN THE PARKING AREAS
OF THE PROPERTY AND SHALL ALSO HAVE THE EXCLUSIVE RIGHT TO USE THE EXISTING
LOADING DOCKS FOR THE BUILDING.
7.
BROKERAGE.
LANDLORD AND TENANT EACH REPRESENT AND WARRANT TO
THE OTHER THAT THEY HAVE NOT DIRECTLY OR INDIRECTLY DEALT WITH ANY BROKER WITH
RESPECT TO THIS THIRD AMENDMENT EXCEPT FOR THE CODMAN COMPANY AND THE STAUBACH
COMPANY.
LANDLORD AGREES THAT IT SHALL BE RESPONSIBLE FOR PAYMENT OF BROKERAGE
FEES PURSUANT TO A SEPARATE AGREEMENT.
EACH PARTY AGREES TO EXONERATE AND SAVE
HARMLESS AND INDEMNIFY THE OTHER AGAINST ANY CLAIMS FOR A COMMISSION BY ANY
BROKER, PERSON OR FIRM (OTHER THAN THE CODMAN COMPANY AND THE STAUBACH COMPANY)
WITH WHOM SUCH PARTY HAS DEALT IN CONNECTION WITH THE EXECUTION AND DELIVERY OF
THIS THIRD AMENDMENT OR ARISING OUT OF NEGOTIATIONS BETWEEN LANDLORD AND TENANT
WITH RESPECT TO THE PREMISES.
8.
­RATIFICATION.
EXCEPT AS EXPRESSLY MODIFIED BY THIS THIRD
AMENDMENT, THE LEASE SHALL REMAIN IN FULL FORCE AND EFFECT, AND AS FURTHER
MODIFIED BY THIS THIRD AMENDMENT, IS EXPRESSLY RATIFIED AND CONFIRMED BY THE
PARTIES HERETO.
THIS THIRD AMENDMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
SUBJECT TO THE PROVISIONS OF THE LEASE REGARDING ASSIGNMENT AND SUBLETTING.
9.
­GOVERNING LAW; INTERPRETATION AND PARTIAL INVALIDITY.
THIS
THIRD AMENDMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE COMMONWEALTH OF MASSACHUSETTS.
IF ANY TERM OF THIS THIRD AMENDMENT, OR THE
APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES, SHALL TO ANY EXTENT BE
INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS THIRD AMENDMENT, OR THE
APPLICATION OF SUCH TERM TO PERSONS OR CIRCUMSTANCES OTHER THAN THOSE AS TO
WHICH IT IS INVALID OR UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY, AND EACH
TERM OF THIS THIRD AMENDMENT SHALL BE VALID AND ENFORCEABLE TO THE FULLEST
EXTENT PERMITTED BY LAW.
THE TITLES FOR THE PARAGRAPHS ARE FOR CONVENIENCE ONLY
AND ARE NOT TO BE CONSIDERED IN CONSTRUING THIS THIRD AMENDMENT.
THIS THIRD
AMENDMENT CONTAINS ALL OF THE AGREEMENTS OF THE PARTIES WITH RESPECT TO THE
SUBJECT MATTER HEREOF, AND SUPERSEDES ALL PRIOR DEALINGS BETWEEN THEM WITH
RESPECT TO SUCH SUBJECT MATTER.
NO DELAY OR OMISSION ON THE PART OF EITHER
PARTY TO THIS THIRD AMENDMENT IN REQUIRING PERFORMANCE BY THE OTHER PARTY OR
EXERCISING ANY RIGHT HEREUNDER SHALL OPERATE AS A
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