Acid Neutralization System Sample Clauses

Acid Neutralization System. Landlord shall provide Tenant with access to the acid neutralization system existing as of the date of this Lease (“Acid Neutralization System”) pursuant to the terms and conditions of this Lease. Tenant acknowledges and agrees that the Acid Neutralization System shall be shared with other tenants of the Project. Tenant’s obligation to pay its share of ongoing operation costs shall be allocated among Tenant and other user tenants on a pro rata basis, with Tenant’s share based on the ratio of the rentable square footage of the Premises to the sum of the rentable square footages of the Premises and the premises of all other user tenants, provided, however, that, at any time and from time to time, Landlord may equitably adjust such allocation based on use by Tenant and other tenant users of the Acid Neutralization System. Landlord’s sole obligations for providing the Acid Neutralization System, or any acid neutralization system facilities, to Tenant shall be (the “Acid Neutralization Obligations”) to (i) use reasonable efforts to obtain and maintain the permit required from the Massachusetts Water Resources Authority for discharge through the Acid Neutralization System (the “Discharge Permit”), provided that Tenant reasonably cooperates with Landlord and provides all information and documents reasonably necessary in connection with the Discharge Permit, and (ii) contract with a third party to maintain the Acid Neutralization System as operating as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything herein to the contrary, if the Acid Neutralization System must be replaced and the cost thereof is not included in such third party maintenance contract, then, Landlord shall replace the Acid Neutralization System, it being acknowledged, however, that Tenant shall be responsible for its share of all costs incurred in connection therewith as an Operating Expense. Tenant shall be solely responsible for the use of the Acid Neutralization System by Tenant, its employees, any contractors, sublessees, invitees or any party other than Landlord or Landlord’s contractors, and Tenant shall be jointly and severally responsible for the use of the Acid Neutralization System with the other user tenants. Tenant shall use, and cause other parties under its control or for which it is responsible to use, the Acid Neutralization System in accordance with this Lease and in accordance with all applicable Legal Requirements, the Discharge Permit and any perm...
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Acid Neutralization System. Sublessee acknowledges that there is an acid neutralization system in the Building. Subject to Sublessee complying with the reasonable rules and protocols imposed by Sublessor and Landlord (specifically including, but not limited to, any list of prohibited discharges provided), Sublessee shall have the right to utilize such system; provided, however, before utilizing such system, Sublessee shall be required to provide a list of all substances that Sublessee plans to introduce into such system and provide such other information and disclosures as may be requested by Sublessor and/or Landlord. Sublessee shall comply with all applicable laws and legal requirements in connection with its use of the acid neutralization system. In connection with Sublessee’s use of the acid neutralization system, Sublessee shall reimburse Landlord for Sublessee’s Acid System Share of all costs incurred to operate, maintain, repair and/or replace the acid neutralization system. As used herein, the term “Sublessee’s Acid System Share” shall mean a percentage derived from dividing the total Sublessee connection points to the acid neutralization system by the total aggregate amount of connection points of Sublessor and Sublessee to the acid neutralization system. For example, if Sublessee had ten (10) connection points to the acid neutralization system and Sublessor had ninety (90) connection points, then the Sublessee’s Acid System Share would equal 10% (i.e., 10/100).
Sample 1

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