Common use of Decommission Clause in Contracts

Decommission. For purposes of this Section 5.03(g), the term “decommission” means assessing all portions of the Premises where Infectious and Hazardous Waste or Hazardous Materials were used or stored by Tenant or its agents, employees or contractors at any time during the Term hereof (such portions to include, without limitation, walls, hot sinks, bench tops and hoods), and clearing all such portions in accordance with all applicable laws. At least ninety (90) days prior to the expiration of the Term of the Lease, Tenant and Landlord’s EHS shall meet to inspect the Premises to determine whether or not decommissioning is necessary. If decommissioning is necessary, the Tenant shall promptly provide the Landlord with a written proposed decommission plan, which shall contain (i) the name, address and telephone number of the contractor engaged by Tenant to effectuate the decommission, unless Landlord and Tenant agree that Tenant can perform such work, (ii) the cost of the decommission, (iii) a time sequence for the decommission, and (iv) Tenant’s covenant to complete the decommission prior to a date mutually agreed upon by Landlord and Tenant. If Tenant does not timely provide the Landlord a satisfactory decommission plan, then the Landlord, in addition to all other rights and remedies it has hereunder or at law or in equity, may, but shall not be obligated to, undertake the decommission on Tenant’s behalf and at Tenant’s cost and expense. Tenant hereby agrees to decommission the Premises prior to the mutually agreed date in accordance with the decommission plan approved by the Landlord and in accordance with all applicable laws, without any expense to the Landlord, at Tenant’s expense.

Decommission. For purposes of this Section 5.03(g)3.1B, the term “"decommission” " means (i) assessing all portions of the Sublease Premises where Infectious and Hazardous Waste or Hazardous Materials radioactive materials were used or stored by Tenant or its agents, employees or contractors at any time during the Term hereof (such portions to include, without limitation, walls, hot sinks, bench tops benchtops and hoods), ) for radioactive contamination limits and (ii) clearing all such portions that exceed acceptable contamination limits of radioactive contamination, in accordance with all applicable laws. At least ninety one hundred twenty (90120) days prior to the expiration of the Term of the LeaseTermination Date, Tenant and Landlord’s EHS Sublessee shall meet to inspect the Premises to determine whether or not decommissioning is necessary. If decommissioning is necessary, the Tenant shall promptly provide the Landlord Sublessor with a written proposed decommission plan, which shall contain (i) the name, address and telephone number of the contractor engaged by Tenant Sublessee to effectuate the decommission, unless Landlord and Tenant agree that Tenant can perform such work, (ii) the cost of the decommission, (iii) a time sequence for the decommission, decommission and (iv) Tenant’s Sublessee's covenant to complete the decommission prior to a date mutually agreed upon by Landlord and Tenantthe Termination Date. If Tenant Sublessee does not timely provide the Landlord Sublessor a satisfactory decommission plan, then the LandlordSublessor, in addition to all other rights and remedies it has hereunder or at law or in equity, mayany, but shall not be obligated to, undertake the decommission on Tenant’s the Sublessee's behalf and at Tenant’s the Sublessee's cost and expense, in accordance with Section 15.4 hereof. Tenant Sublessee hereby agrees to decommission the Sublease Premises prior to the mutually agreed date Termination Date in accordance with the decommission plan approved by the Landlord Sublessor and in accordance with all applicable laws, without any expense to the Landlord, at Tenant’s expenseSublessor.