(AS DEFINED IN SECTION 3.01) FOR THE INITIAL
PREMISES (THE "INITIAL PREMISES COMMENCEMENT DATE"), AND THE COMMENCEMENT DATE
FOR THE ADDITIONAL PREMISES SHALL MEAN THE DATE THAT IS EIGHT (8) CALENDAR
MONTHS AFTER THE DELIVERY DATE FOR THE ADDITIONAL PREMISES (THE "ADDITIONAL
PREMISES COMMENCEMENT DATE").
NOTWITHSTANDING THE FOREGOING, LANDLORD AGREES TO
USE BEST EFFORTS TO ALLOW TENANT TO HAVE ACCESS TO EACH COMPONENT OF THE
PREMISES PRIOR TO THE APPLICABLE DELIVERY DATE IN ORDER TO MAKE THE INITIAL
ALTERATIONS (AS DEFINED IN SECTION 1.15), ALL SUBJECT TO OBTAINING LANDLORD'S
PRIOR APPROVAL OF ANY PLANS AND SPECIFICATIONS RELATING THERETO AS MORE
PARTICULARLY SET FORTH, AND TO THE EXTENT REQUIRED, IN SECTION 4 AND
SECTION 10.
PRIOR TO ANY SUCH ENTRY ONTO THE PREMISES, TENANT SHALL DELIVER TO
LANDLORD CERTIFICATES OF INSURANCE EVIDENCING THE COVERAGES REQUIRED UNDER THIS
LEASE.
WITH RESPECT TO THE PERIOD COMMENCING UPON SUCH EARLY ENTRY, ALL OF
TENANT'S OBLIGATIONS UNDER THIS LEASE SHALL COMMENCE (OTHER THAN ITS OBLIGATION
TO PAY RENT (AS DEFINED IN SECTION 5.01 AND WHICH INCLUDES, WITHOUT LIMITATION,
ALL EXPENSES AND TAXES, WHICH OBLIGATIONS SHALL ONLY COMMENCE ON THE APPLICABLE
RENT COMMENCEMENT DATE); HOWEVER, NOTWITHSTANDING THE FOREGOING AND ANY OTHER
PROVISION OF THIS LEASE TO THE CONTRARY, TO THE EXTENT SEPARATELY METERED OR
SUBMETERED AND NOT PART OF EXPENSES, TENANT'S OBLIGATION TO PAY ALL UTILITY
CHARGES SHALL COMMENCE ON THE EARLIER OF (A) THE DATE ON WHICH TENANT COMMENCES
BUSINESS OPERATIONS AT THE PREMISES AND (B) THE APPLICABLE RENT COMMENCEMENT
DATE.
1.10
"BROKER(S)":
COLLIERS MEREDITH & GREW AND GVA THOMPSON HENNESSEY &
PARTNERS.
1.11
"PERMITTED USE":
GENERAL OFFICE PURPOSES, INCLUDING THE RIGHT TO
INSTALL AND OPERATE A GENERATOR AND A DATA CENTER ANCILLARY TO GENERAL OFFICE
PURPOSES.
1.12
"NOTICE ADDRESS(ES)":
Landlord:
Tenant:
MA-100 High Street, L.L.C.
c/o Equity Office
125 Summer Street, 17th Floor
Boston, Massachusetts 02110
Attn: Property Manager
Investment Technology Group, Inc.
Attn: General Counsel
380 Madison Avenue
New York, New York 10017
5
With a copy of any notices to Landlord shall be sent to:
Equity Office
Two North Riverside Plaza
Suite 2100
Chicago, Illinois 60606
Attn: General Counsel
and a copy to:
Nutter, McClennen & Fish, LLP
155 Seaport Boulevard
Boston, Massachusetts 02210
Attn : Michael F. Burke, Esq.
and a copy to:
Neal, Gerber & Eisenberg LLP
Two North LaSalle Street
Suite 1700
Chicago, Illinois 60602
Attn: Audrey E. Selin, Esq.
With a copy of any notices to Tenant shall be sent to:
Investment Technology Group, Inc.
Attn : Facilities Manager
44 Farnsworth Street
Boston, Massachusetts 02210
and a copy to :
Brennan, Dain, Le Ray, Wiest, Torpy & Garner, P.C.
129 South Street
Boston, Massachusetts 021111
Attn: Joseph Torpy, Esq.
and a copy to:
GVA Thompson Hennessey & Partners
125 High Street
Suite 1000
Boston, Massachusetts 02110
Attn : John Hennessey
1.13
"BUSINESS DAY(S)" ARE MONDAY THROUGH FRIDAY OF EACH WEEK, EXCLUSIVE
OF NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,
THANKSGIVING DAY AND CHRISTMAS DAY ("HOLIDAYS").
LANDLORD MAY DESIGNATE
ADDITIONAL HOLIDAYS THAT ARE COMMONLY