Common use of Cafeteria Clause in Contracts

Cafeteria. Landlord and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion of the Premises consisting of no more than 10,000 rentable square feet of space for the operation of a cafeteria (the "Cafeteria"), subject to receipt of all applicable governmental approvals and compliance with all Applicable Laws. To the extent that Tenant operates the cafeteria, such operation shall be in compliance with all Applicable Laws and Tenant shall obtain and maintain the approval of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the Cafeteria. No cooking odors shall be emitted from the Premises other than through ventilation equipment and systems installed therein to service the cafeteria in accordance with the provisions of this Section 5.4, and Tenant shall install all kitchen ventilation and exhaust equipment reasonably required by Landlord in order to prevent the emission of odors from the Premises, including, without limitation, installation of grease hood ventilation equipment including a fine pre-filter and activated charcoal filter or their equivalent and an electrostatic precipitator for grease ventilation. The Cafeteria shall be for the exclusive use of Tenant and Tenant's employees and invitees, and in connection with Tenant’s use of the Cafeteria, Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to the cafeteria (collectively, the "Cafeteria Facilities"), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, but Landlord may 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] withhold its consent with respect to any conduits, ducting or similar items that exit the Premises based on aesthetics, noise, vibration or smell concerns, and the routing of any such conduits, ducting or similar items that exit the Premises shall be subject to Landlord's approval in its reasonable discretion, detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed by Tenant, at its expense, subject to and in compliance with the provisions of Article 8 below and shall be considered an Alteration (as defined below) or as a Tenant Improvement pursuant to the terms of the Tenant Work Letter. The Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with First Class Life Sciences Projects; and (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and the other provisions of this Lease. Tenant shall have the sole responsibility, at its expense, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Building or Project resulting from Tenant’s operation of the cafeteria, or in connection with any trash pick-up increases at the Building due to Tenant's operation of the Cafeteria. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant’s operation of the Cafeteria, within thirty (30) days of receiving an invoice therefor. All such cleaning and janitorial service shall be performed by Tenant (i) in a first-class manner consistent with First Class Life Sciences Projects, and (ii) by such personnel and vendors who shall (A) be reasonably approved by Landlord, (B) not create labor disharmony at the Building, and (C) abide by Landlord’s reasonable rules, regulations and procedures in connection therewith. Notwithstanding anything set forth in this Lease or the Tenant Work Letter to the contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Cafeteria and Cafeteria Facilities and to repair any damage to the Premises and Building and return the affected portion of the Premises to the condition existing prior to the installation of such Cafeteria and Cafeteria Facilities as reasonably determined by Landlord.

Cafeteria. Landlord Incidental to the Permitted Use and subject to the TCCs set forth in this Section 5.4, Tenant acknowledge that Tenantshall have the right, but not the obligation, to use a portion or portions of the Premises, at Tenant's sole cost its expense and expensein accordance with applicable Laws, may desire to designate a portion of the Premises consisting of no more than 10,000 rentable square feet of space for the installation and operation of a cafeteria kitchen and cafeteria, which includes facilities for food and beverage preparation, handling, cooking, consumption and other associated facilities (the "“Cafeteria"”), subject in each case solely for use by Tenant and Tenant’s partners, employees, contractors, consultants, invitees and guests (collectively, the “Ancillary Use Parties”). Landlord acknowledges and agrees that Tenant shall have no obligation to receipt of all applicable governmental approvals and compliance with all Applicable Lawsconstruct any Cafeteria. To the extent that Tenant operates the cafeteriaa Cafeteria, such operation shall be in compliance with all Applicable applicable Laws and Tenant shall obtain and maintain the approval of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the a Cafeteria. No cooking odors shall be emitted from the Premises other than through ventilation equipment and systems installed therein to service the cafeteria a Cafeteria in accordance with the provisions of this Section 5.45.4 (which odors shall in no event be unreasonable or constitute a nuisance), and Tenant and, in any event, no cooking odors shall install all kitchen ventilation and exhaust equipment reasonably required by Landlord in order to prevent the emission of odors be emitted from the Premises, including, without limitation, installation of grease hood ventilation equipment including a fine pre-filter and activated charcoal filter Premises to other tenants’ premises or their equivalent and an electrostatic precipitator for grease ventilationthe Common Areas within the Building. The Any Cafeteria installed by Tenant shall be for the exclusive use of Tenant and Tenant's employees and inviteesthe Ancillary Use Parties in the Premises, and in connection with Tenant’s 's use of the such Cafeteria, Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior Except as expressly set forth to making the contrary in this Lease, any alterations or improvements to the Premises and installing install a Cafeteria and/or to install any cooking, ventilation, air conditioning, grease traps, commercial kitchen and other equipment in or for the Premises with respect to the cafeteria a Cafeteria (collectively, the "“Cafeteria Facilities"), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, but Landlord may 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] withhold its consent with respect to any conduits, ducting or similar items that exit the Premises based on aesthetics, noise, vibration or smell concerns, and the routing of any such conduits, ducting or similar items that exit the Premises ”) shall be subject to Landlord's approval in its reasonable discretion, detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed performed by Tenant, at its expense, subject to and in compliance with the provisions of Article 8 below and in compliance with all applicable Laws and shall be considered an Alteration (as defined below) or as a Tenant Improvement pursuant to the terms of the Tenant Work Letter). The A Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s 's expense: (i) in first-class order, condition and repair; (ii) manner consistent with First Class Life Sciences ProjectsComparable Buildings; and (iiiii) in compliance with all Applicable applicable Laws, such reasonable rules the Rules and regulations as may be adopted by Landlord from time to timeRegulations, and the other provisions of this Lease. In accordance with the TCCs of Article 7 below, Tenant shall at its sole cost and expense keep, to the reasonable satisfaction of Landlord, any Cafeteria, Cafeteria Facilities and the Premises free from vermin, rats, mice and insects, and, prior to the opening of a Cafeteria, obtain and maintain at all times during the Lease Term, a service contract with a person or company approved by Landlord (which approval shall not be unreasonably withheld or delayed) for the extermination of vermin, rats, mice and insects in and about the Premises. Tenant shall deliver copy of such service contract and any renewals thereof to Landlord upon Landlord’s written request therefor. Tenant shall have the sole responsibility, at its expense, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the any Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefortherefor (and shall enter into a direct contract therefor with a janitorial company, subject to the TCCs of Section 6.1.5 below), and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Building or Project resulting to the extent arising from Tenant’s operation of the cafeteria, or in connection with any trash pick-up increases at the Building due to Tenant's operation of the a Cafeteria. In addition, Tenant shall pay for all actual janitorial services provided to any Cafeteria (which shall constitute supplemental janitorial services and reasonable out-of-pocket not Building standard janitorial services) and for all increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building Buildings resulting from Tenant’s 's operation of the a Cafeteria, within thirty (30) days of receiving an invoice therefor. All such cleaning and janitorial service shall be performed by Tenant (i) in a first-class manner consistent therefor together with First Class Life Sciences Projects, and (ii) by such personnel and vendors who shall (A) be reasonably approved by Landlord, (B) not create labor disharmony at the Building, and (C) abide by Landlord’s reasonable rules, regulations and procedures in connection therewithsupporting evidence. Notwithstanding anything set forth to the contrary contained elsewhere is this Lease, if Tenant elects to install a Cafeteria and related Cafeteria Facilities, unless and to the extent Landlord otherwise expressly agrees in writing, Tenant shall remove such Cafeteria and related Cafeteria Facilities upon the expiration or earlier termination of this Lease or the Tenant Work Letter as to the contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Cafeteria and Cafeteria Facilities and to repair any damage to the Premises and Building and return the affected such portion of the Premises to the condition existing prior to the installation of such Cafeteria and Cafeteria Facilities as reasonably determined by LandlordPremises.

Cafeteria. Landlord A cafeteria located in the Building is made available to Tenant and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion other tenants of the Premises consisting Project. The cafeteria is operated by a third party operator. The costs (including, without limitation, rental subsidies, if any, costs of no more than 10,000 rentable square feet of space for the operation of a cafeteria (the "Cafeteria")electricity, subject to receipt of all applicable governmental approvals gas, water and compliance other utilities) associated with all Applicable Laws. To the extent that Tenant operates the cafeteria, such operation whether operated by Landlord or a third party operator, shall in any event be included in compliance Operating Expenses. The provisions of Article 9 shall fully apply in connection with all Applicable Laws and use of the cafeteria by Tenant or any other Tenant Party (as defined in Article 9). Without limitation of the preceding sentence, Tenant shall obtain hold Landlord and maintain the approval of all applicable governmental authorities its agents, successors and assigns, including its Project Manager, harmless from and indemnify Landlord and its agents, successors and assigns, including its Project Manager, against any and all necessary permits Claims (as defined in Article 9) to the extent arising from (a) the acts or omissions of Tenant or any other Tenant Party in, on or about the cafeteria, or (b) any accident, injury or damage, howsoever and licenses from such applicable governmental authoritiesby whomsoever caused, to operate any Tenant Party, occurring in, on or about the Cafeteriacafeteria, except to the extent caused by the gross negligence or willful misconduct of Landlord. No cooking odors shall be emitted from Landlord may prescribe rules and regulations for the Premises other than through ventilation equipment and systems installed therein to service use of the cafeteria in accordance with the provisions of this Section 5.4, and Tenant shall install all kitchen ventilation and exhaust equipment reasonably required by Landlord in order to prevent the emission of odors from the Premisescafeteria, including, without limitation, installation of grease hood ventilation equipment including a fine pre-filter with respect to reservations for meetings and activated charcoal filter or their equivalent and an electrostatic precipitator for grease ventilationother functions. The Cafeteria shall be for the exclusive use of Tenant and Tenant's employees and invitees, and in connection with Tenant’s use of the Cafeteria, cafeteria shall be conditioned upon Tenant’s observance of such rules and regulations. Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to acknowledges that the cafeteria (collectivelymay, the "Cafeteria Facilities"), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, but Landlord may 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] withhold its consent with respect to any conduits, ducting or similar items that exit the Premises based on aesthetics, noise, vibration or smell concerns, and the routing of any such conduits, ducting or similar items that exit the Premises shall be subject to Landlord's approval in its reasonable discretion, detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed by Tenant, at its expense, subject to and in compliance with the provisions of Article 8 below and shall be considered an Alteration (as defined below) or as a Tenant Improvement pursuant to the terms of the Tenant Work Letter. The Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with First Class Life Sciences Projects; and (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and be temporarily closed during the other provisions of this Lease. Tenant shall have the sole responsibilityTerm including, at its expensewithout limitation, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Building or Project resulting from Tenant’s operation of the cafeteria, or in connection with any trash pick-up increases at the Building closures due to Tenant's operation (i) remodeling, improvement work or repair work, (ii) changes in the cafeteria operator, (iii) cessation of operations by the Cafeteriacafeteria operator, (iv) compliance with applicable Law, (v) casualty or condemnation and (vi) matters beyond Landlord’s reasonable control. In addition, Landlord shall use its good faith efforts to reasonably address and remediate any reasonable complaints by Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to odors emitting from the management, operation, maintenance and repair of the Building resulting from Tenant’s operation of the Cafeteria, within thirty (30) days of receiving an invoice therefor. All such cleaning and janitorial service shall be performed by Tenant (i) in a first-class manner consistent with First Class Life Sciences Projects, and (ii) by such personnel and vendors who shall (A) be reasonably approved by Landlord, (B) not create labor disharmony at the Building, and (C) abide by Landlord’s reasonable rules, regulations and procedures in connection therewith. Notwithstanding anything set forth in this Lease or the Tenant Work Letter to the contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Cafeteria and Cafeteria Facilities and to repair any damage to the Premises and Building and return the affected portion of the Premises to the condition existing prior to the installation of such Cafeteria and Cafeteria Facilities as reasonably determined by Landlordcafeteria.

Cafeteria. Landlord A cafeteria located in Building 3 will be made available to Tenant and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion other tenants of the Premises consisting Project during the initial ten (10) year term of no more than 10,000 rentable square feet of space for this Lease. The cafeteria is operated by a third party operator. The ordinary and necessary operating costs (including, without limitation, reasonable rental subsidies, if any) associated with the cafeteria, whether operated by Landlord or a third party operator, shall in any event be included in Operating Expenses to the extent such costs exceed revenues actually received by Landlord that are generated from the operation of a the cafeteria. The provisions of Article 9 shall fully apply in connection with use of the cafeteria by Tenant or any other Tenant Party (as defined in Article 9). Without limitation of the preceding sentence, Tenant shall hold Landlord and its agents, successors and assigns, including its Project Manager, harmless from and indemnify Landlord and its agents, successors and assigns, including its Project Manager, against any and all Claims (as defined in Article 9) to the extent arising from (a) the acts or omissions of Tenant or any other Tenant Party in, on or about the cafeteria (subject, however, to the "Cafeteria"provision of Article 9), subject or (b) any accident, injury or damage, howsoever and by whomsoever caused, to receipt of all applicable governmental approvals and compliance with all Applicable Laws. To the extent that any Tenant operates Party, occurring in, on or about the cafeteria, such operation shall be in compliance with all Applicable Laws . Landlord may prescribe reasonable rules and Tenant shall obtain and maintain regulations for the approval use of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the Cafeteria. No cooking odors shall be emitted from the Premises other than through ventilation equipment and systems installed therein to service the cafeteria in accordance with the provisions of this Section 5.4, and Tenant shall install all kitchen ventilation and exhaust equipment reasonably required by Landlord in order to prevent the emission of odors from the Premisescafeteria, including, without limitation, installation of grease hood ventilation equipment including a fine pre-filter with respect to reservations for meetings and activated charcoal filter or their equivalent and an electrostatic precipitator for grease ventilation. The Cafeteria shall be for the exclusive use of Tenant and Tenant's employees and inviteesother functions, and Landlord shall (i) enforce any such rules and regulations in connection with a reasonable and non-discriminatory manner, and (ii) endeavor to accommodate Tenant’s requests to use the cafeteria for meetings and other permitted functions. Tenant’s use of the Cafeteriacafeteria shall be conditioned upon Tenant’s observance of such rules and regulations. The cafeteria shall remain in operation during the initial ten (10) year term of this Lease; provided, however, Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to acknowledges that the cafeteria (collectivelymay, the "Cafeteria Facilities"), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, but Landlord may 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] withhold its consent with respect to any conduits, ducting or similar items that exit the Premises based on aesthetics, noise, vibration or smell concerns, and the routing of any such conduits, ducting or similar items that exit the Premises shall be subject to Landlord's approval in its reasonable discretion, detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed by Tenant, at its expense, subject to and in compliance with the provisions of Article 8 below and shall be considered an Alteration (as defined below) or as a Tenant Improvement pursuant to the terms of the Tenant Work Letter. The Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with First Class Life Sciences Projects; and (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and be temporarily closed during the other provisions of this Lease. Tenant shall have the sole responsibilityTerm including, at its expensewithout limitation, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Building or Project resulting from Tenant’s operation of the cafeteria, or in connection with any trash pick-up increases at the Building closures due to Tenant's operation of the Cafeteria. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant’s operation of the Cafeteria, within thirty (30) days of receiving an invoice therefor. All such cleaning and janitorial service shall be performed by Tenant (i) in a first-class manner consistent with First Class Life Sciences Projectsremodeling, and improvement work or repair work, (ii) by such personnel and vendors who shall (A) be reasonably approved by Landlordchanges in the cafeteria operator, (Biii) not create labor disharmony at cessation of operations by the Buildingcafeteria operator, (iv) compliance with applicable Law, (v) casualty or condemnation and (Cvi) abide by matters beyond Landlord’s reasonable rules, regulations and procedures in connection therewith. Notwithstanding anything set forth in this Lease or the Tenant Work Letter to the contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Cafeteria and Cafeteria Facilities and to repair any damage to the Premises and Building and return the affected portion of the Premises to the condition existing prior to the installation of such Cafeteria and Cafeteria Facilities as reasonably determined by Landlordcontrol.

Cafeteria. Landlord A cafeteria located in Building 3 will be made available to Tenant and Tenant acknowledge that Tenant, at Tenant's sole cost and expense, may desire to designate a portion other tenants of the Premises consisting Project during the initial ten (10) year term of no more than 10,000 rentable square feet of space for this Lease. The cafeteria is operated by a third party operator. The ordinary and necessary operating costs (including, without limitation, reasonable rental subsidies, if any) associated with the cafeteria, whether operated by Landlord or a third party operator, shall in any event be included in Operating Expenses to the extent such costs exceed revenues actually received by Landlord that are generated from the operation of a the cafeteria. The provisions of Article 9 shall fully apply in connection with use of the cafeteria by Tenant or any other Tenant Party (as defined in Article 9). Without limitation of the preceding sentence, Tenant shall hold Landlord and its agents, successors and assigns, including its Project Manager, harmless from and indemnify Landlord and its agents, successors and assigns, including its Project Manager, against any and all Claims (as defined in Article 9) to the extent arising from (a) the acts or omissions of Tenant or any other Tenant Party in, on or about the cafeteria (subject, however, to the "Cafeteria"provision of Article 9), subject or (b) any accident, injury or damage, howsoever and by whomsoever caused, to receipt of all applicable governmental approvals and compliance with all Applicable Laws. To the extent that any Tenant operates Party, occurring in, on or about the cafeteria, such operation shall be in compliance with all Applicable Laws . Landlord may prescribe reasonable rules and Tenant shall obtain and maintain regulations for the approval use of all applicable governmental authorities and all necessary permits and licenses from such applicable governmental authorities, to operate the Cafeteria. No cooking odors shall be emitted from the Premises other than through ventilation equipment and systems installed therein to service the cafeteria in accordance with the provisions of this Section 5.4, and Tenant shall install all kitchen ventilation and exhaust equipment reasonably required by Landlord in order to prevent the emission of odors from the Premisescafeteria, including, without limitation, installation of grease hood ventilation equipment including with respect to reservations for meetings and other functions, and Landlord shall (i) enforce any such rules and regulations in a fine pre-filter reasonable and activated charcoal filter or their equivalent non­ discriminatory manner, and an electrostatic precipitator for grease ventilation. The Cafeteria shall be for the exclusive use of Tenant and (ii) endeavor to accommodate Tenant's employees requests to use the cafeteria for meetings and invitees, and in connection with other permitted functions. Tenant’s 's use of the Cafeteriacafeteria shall be conditioned upon Tenant's observance of such rules and regulations. The cafeteria shall remain in operation during the initial ten (10) year term of this Lease; provided, however, Tenant shall not sell any food or beverages in or from the Premises at any time and/or serve any food and beverages in or from the Premises at any time to the general public. Prior to making any alterations or improvements to the Premises and installing any cooking, ventilation, air conditioning, grease traps, kitchen and other equipment in or for the Premises with respect to acknowledges that the cafeteria (collectivelymay, the "Cafeteria Facilities"), Tenant shall deliver to Landlord, for Landlord’s prior approval, which shall not be unreasonably withheld, but Landlord may 4000-0000-0000.5 391174.00001/5-24-21//mem -20- XXXXXX XXXXX [Turning Point Therapeutics] withhold its consent with respect to any conduits, ducting or similar items that exit the Premises based on aesthetics, noise, vibration or smell concerns, and the routing of any such conduits, ducting or similar items that exit the Premises shall be subject to Landlord's approval in its reasonable discretion, detailed plans and specifications therefor, and Tenant shall only install such Cafeteria Facilities (and make any subsequent modifications thereto) as are approved by Landlord in accordance with such plans and specifications therefor approved by Landlord. Except as expressly set forth to the contrary in this Lease, all of the Cafeteria Facilities shall be installed by Tenant, at its expense, subject to and in compliance with the provisions of Article 8 below and shall be considered an Alteration (as defined below) or as a Tenant Improvement pursuant to the terms of the Tenant Work Letter. The Cafeteria and the Cafeteria Facilities therein shall be maintained and operated by Tenant, at Tenant’s expense: (i) in first-class order, condition and repair; (ii) consistent with First Class Life Sciences Projects; and (iii) in compliance with all Applicable Laws, such reasonable rules and regulations as may be adopted by Landlord from time to time, and be temporarily closed during the other provisions of this Lease. Tenant shall have the sole responsibilityTerm including, at its expensewithout limitation, for providing all janitorial service (including wet and dry trash removal) for and cleaning of the Cafeteria (and the Cafeteria Facilities therein), as well as all exhaust vents therefor, and shall pay for all cleaning costs incurred by Landlord in cleaning any affected portions of the Building or Project resulting from Tenant’s operation of the cafeteria, or in connection with any trash pick-up increases at the Building closures due to Tenant's operation of the Cafeteria. In addition, Tenant shall pay for all actual and reasonable out-of-pocket increased costs incurred by Landlord with respect to the management, operation, maintenance and repair of the Building resulting from Tenant’s operation of the Cafeteria, within thirty (30) days of receiving an invoice therefor. All such cleaning and janitorial service shall be performed by Tenant (i) in a first-class manner consistent with First Class Life Sciences Projectsremodeling, and improvement work or repair work, (ii) by such personnel and vendors who shall (A) be reasonably approved by Landlordchanges in the cafeteria operator, (Biii) not create labor disharmony at cessation of operations by the Buildingcafeteria operator, (iv) compliance with applicable Law, (v) casualty or condemnation and (Cvi) abide by matters beyond Landlord’s 's reasonable rules, regulations and procedures in connection therewith. Notwithstanding anything set forth in this Lease or the Tenant Work Letter to the contrary, Landlord shall have the right, by written notice to Tenant at the time Landlord approved the “Final Working drawings,” as that term is defined in the Tenant Work Letter, to require Tenant, at Tenant's expense, to remove the Cafeteria and Cafeteria Facilities and to repair any damage to the Premises and Building and return the affected portion of the Premises to the condition existing prior to the installation of such Cafeteria and Cafeteria Facilities as reasonably determined by Landlordcontrol.