Green Mountain Coffee Roasters (GMCR)

Premises and Term

Tenant shall have, as appurtenant to the Premises, rights to use in common, subject to reasonable rules of general applicability to tenants of the Building from time to time made by Landlord of which Tenant is given notice: (a) the common lobbies, hallways, stairways, and elevators of the Building, (b) common walkways and driveways necessary for access to the Building, (c) the common parking areas serving the Building, and (d) if the Premises include less than the entire rentable area of any floor, the common toilets and other common facilities in the central core area of such floor.

Landlord shall ensure that a cafeteria/food service presently planned for the Building (the “Cafeteria”) will be operational on or before the Rent Commencement Date. Landlord shall use diligent efforts to require the Cafeteria to use, on an exclusive basis, Keurig/Green Mountain Coffee Roasters products and equipment for brewing coffee. Tenant shall have the right, upon reasonable prior notice to Landlord, and subject to availability (it being understood that such Cafeteria is subject to a “first come, first served” availability for use), to use, at no charge (other than as specified herein), the seating areas of the Cafeteria for meetings provided such meetings take place outside of the Cafeteria’s normal business hours. Tenant’s use of the Cafeteria shall be in compliance with all applicable laws and codes, and otherwise subject to the terms and conditions of this Lease, and Tenant shall, as Additional Rent, be responsible to reimburse Landlord for any out-of-pocket “set up” and clean up costs for such use, as well as any other costs reasonably incurred by Landlord in connection with such use, including but not limited to the costs of any heating, ventilating and air-conditioning (“HVAC”) provided to the Cafeteria during the hours of such use (it being understood Tenant shall not be obligated to reimburse Landlord for costs that would have been ordinarily incurred by Landlord irrespective of Tenant’s use of the Cafeteria—e.g. if Landlord was to have ordinarily supplied HVAC to the Cafeteria during certain hours, and then Tenant uses the Cafeteria during such time, then Landlord shall not charge Tenant for such HVAC). To the extent that the Cafeteria shall cease operations at any time during the term of this Lease, then, for as long as Landlord elects to retain the Cafeteria as a common space, Tenant shall be permitted to continue its use of the same, subject to the terms and conditions hereof.

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Tenant shall be permitted, on an unreserved, first-come-first-served basis, to use up to 3.4 parking spaces per 1,000 rentable square feet of the Premises in the parking area serving the Building (it being agreed that as of the date of this Lease Tenant has a right to 125 parking spaces pursuant to the preceding ratio). Tenant shall be permitted to use such spaces for the parking of passenger vehicles.

Landlord reserves the right from time to time, using commercially reasonable efforts to minimize the nature and duration of any interference with use of the Premises: (a) to install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building, or either, pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises or Building, (b) to alter or relocate any other common facility, (c) to make any repairs and replacements to the Premises which Landlord may deem necessary, and (d) in connection with any excavation made upon adjacent land of Landlord or others, to enter, and to license others to enter, upon the Premises to do such work as the person causing such excavation deems necessary to preserve the wall of the Building from injury or damage and to support the same.

Upon full execution of the Lease, Tenant may, following notice to Landlord, and prior to the Commencement Date, enter the Premises and without payment of rent, but otherwise subject to all the terms and conditions of this Lease, for the purpose of commencing Tenant’s Work (as hereinafter defined), provided that Tenant shall not interfere with any work then being performed by or for Landlord in the Premises or Building, and provided Tenant shall reimburse Landlord for Landlord’s actual costs in connection with the Tenant’s pre-commencement work performed after normal building hours, including the cost of Tenant’s electrical and HVAC usage for after normal building hours construction, as well as any additional janitorial services and trash removal. All such work shall be done in accordance with, and Tenant shall comply with, the provisions of Section 6.2.5 hereof.

If Tenant exercises the aforesaid option, then not later than eleven (11) months prior to the expiration of the original term of this Lease Landlord shall give written notice to Tenant of Landlord’s designation of the Market Rate. Within fifteen (15) days following Landlord’s notice, Tenant shall either propose its designation of the Market Rate by giving notice thereof to Landlord, or accept Landlord’s designation of the Market Rate. Failure on the part of Tenant to give such notice of its designation of Market Rate shall bind Tenant to Landlord’s designation of the Market Rate. If Tenant proposes its designation of the Market Rate, then Landlord and Tenant may attempt to negotiate regarding the Market Rate. If the parties have been unable to reach agreement within thirty (30) days following Tenant’s designation, then the Market Rate may be submitted to arbitration by either party as follows: The Market Rate shall be determined by impartial arbitrators, one to be chosen by the Landlord, one to be chosen by Tenant, and a third to be selected, if necessary, as below provided. The arbitrators shall be charged to determine the Market Rate by selecting one or the other of Landlord’s or Tenant’s determinations thereof. The arbitrators shall have no authority or jurisdiction to make any other determination of such amount. The unanimous written decision of the two first chosen, without selection and participation of a third arbitrator, or otherwise, the written decision of a majority of three arbitrators chosen and selected as aforesaid, shall be conclusive and binding upon Landlord and Tenant. Landlord and Tenant shall each notify the other of its chosen arbitrator within ten (10) days following the call for arbitration and, unless such two arbitrators shall have reached a unanimous decision within thirty (30) days after their designation, they shall so notify the office of then President of the Boston Bar Association and request him to select an impartial third arbitrator who has not represented either Landlord or Tenant previously, and who shall be a real estate counsellor or a broker dealing with like types of properties to determine the Market Rate as herein defined. Such third arbitrator and the first two chosen shall hear the parties and their evidence and render their decision within thirty (30) days following the conclusion of such hearing and notify Landlord and Tenant thereof. The expense of the third arbitrator (if any) shall be borne by the “loser” of such arbitration (i.e. the party whose designation of Market Rate is not chosen following such arbitration). If the dispute between the parties as to a Market Rate has not been resolved before the commencement of Tenant’s obligation to pay Fixed Rent based upon such Market Rate, then Tenant shall pay Fixed Rent under the Lease based upon the Market Rate designated by Landlord until either the agreement of the parties as to the Market Rate, or the decision of the arbitrators, as the case may be, at which time Tenant shall pay any underpayment of Fixed Rent to Landlord, or Landlord shall refund any overpayment of Fixed Rent to Tenant.

In any event, the Annual Fixed Rent Rate for the extended term shall not be less than $26.00 per rentable square foot.