Common use of Equipment Pad Clause in Contracts

Equipment Pad. Subject to Landlord’s obligations to maintain the Emergency Generator thereon and perform the Removal Work, Tenant shall have the exclusive right to use the equipment pad adjacent to the Third Expansion Premises (the “Pad”), including the air compressor, storage bunker and any other equipment located thereon (other than the Emergency Generator) (collectively, the “Pad Equipment”), during the Third Expansion Term, at no additional cost, for the storage of chemicals and the placement and operation of Pad Equipment. Tenant shall maintain such Pad and the Pad Equipment at Tenant's sole cost and expense. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Pad or any of the Pad Equipment, or the failure of such Pad Equipment to provide suitable or adequate services to Tenant or to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant's obligations with respect to the Premises, including the insurance and indemnification obligations contained in the Lease, and obligations to comply with applicable law shall apply to Tenant's use of the Pad and Pad Equipment. Tenant shall maintain all required permits in connection with the Pad and Pad Equipment throughout the Lease Term. Tenant shall surrender the Pad, storage bunker and air compressor (and shall transfer to Landlord all permits maintained by Tenant in connection with the Pad and Pad Equipment during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, with all permits current.

Equipment Pad. Tenant shall have the right to use the two (2) existing equipment pads adjacent to the Premises (collectively, the “Pad”). Subject to Landlord’s obligations review of more detailed plans therefor(subject to maintain the Emergency Generator thereon and perform same being approved by the Removal Workcity), Tenant shall have the exclusive right to use install a roof on the equipment pad adjacent to existing enclosures on the Third Expansion Premises Pad and supplemental concrete pads on the Pad (the “PadPad Improvements”)) and install a back-up generator, including the air compressornitrogen generator, chemical storage bunker and any air compressor and other equipment located thereon to service the Premises (other than the Emergency Generator) (collectively, the “Pad Equipment”). The installation of the Pad Improvements and the Pad Equipment shall be done as an Alteration (in which case such installation shall be governed by the terms of Article 8). In the event such Pad, Pad Improvements and Pad Equipment are installed or used, then during the Third Expansion Lease Term, at no additional cost, for the storage of chemicals and the placement and operation of Pad Equipment. Tenant shall maintain such Pad, Pad Improvements and the Pad Equipment at Tenant's ’s sole cost and expense. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Pad or any of the Pad Equipment, or the failure of such the Pad Equipment to provide suitable or adequate services to Tenant or to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant's ’s obligations with respect to the Premises, including the insurance and indemnification obligations contained in the LeaseArticle 10, below, and obligations to comply with applicable law shall apply to Tenant's ’s use of the Pad and Pad Equipment and Tenant shall carry industry standard machinery insurance covering the Pad Equipment. Tenant shall maintain all required permits in connection with the Pad and Pad Equipment throughout the Lease Term. Tenant shall surrender the Pad, storage bunker and air compressor (and shall transfer to Landlord all permits maintained by Tenant in connection with the Pad Improvements and Pad Equipment during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, with all permits current, unless Landlord notifies Tenant in writing at least six (6) months prior to the expiration of the Lease Term that Tenant must remove the Pad Equipment, and Tenant shall remove all Pad Equipment from the Pad prior to the Lease Expiration Date. Tenant shall have the exclusive right to use the Pad for placement of the Pad Equipment and Hazardous Materials storage.

Equipment Pad. Subject to Landlord’s obligations to maintain its review of more detailed plans therefor in accordance with the Emergency Generator thereon and perform terms of the Removal WorkTenant Work Letter, Tenant shall have the exclusive right to use the install an equipment pad adjacent to the Third Expansion Premises pad, including an enclosure (the “Pad”) outside the Premises in the approximate location shown on Exhibit H (subject to the same being approved by the city), including the and a back-up generator, waste water system and air compressor, storage bunker compressor and any other equipment located thereon (other than the Emergency Generator) (collectively, the “Pad Equipment”)) as part of the construction of "Tenant Improvements," as that term is defined in the Tenant Work Letter, or as a subsequent Alteration (in which case such installation shall be governed by the terms of Article 8), to service the Premises. In the event such Pad and Pad Equipment is installed, then during the Third Expansion Lease Term, at no additional cost, for the storage of chemicals and the placement and operation of Pad Equipment. Tenant shall maintain such Pad and the Pad Equipment at Tenant's sole cost and expense. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Pad or any of the Pad Equipment, or the failure of such the Pad Equipment to provide suitable or adequate services to Tenant or to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Tenant's obligations with respect to the Premises, including the insurance and indemnification obligations contained in the LeaseArticle 10, below, and obligations to comply with applicable law shall apply to Tenant's use of the Pad and Pad Equipment and Tenant shall carry industry standard machinery insurance covering the Pad Equipment. Tenant shall maintain all required permits in connection with the Pad and Pad Equipment throughout the Lease Term. Tenant shall surrender the Pad, storage bunker Pad and air compressor Pad Equipment (and shall transfer to Landlord all permits maintained by Tenant in connection with the Pad and Pad Equipment during the Lease Term) concurrent with the surrender of the Premises to Landlord as required hereunder in good operating and working order, with all permits current, unless Landlord notifies Tenant in writing at least six (6) months prior to the expiration of the Lease Term that Tenant must remove any of the Pad or Pad Equipment. Tenant shall have the exclusive right to use the Pad for placement of the Pad Equipment and Hazardous Materials storage. To the extent the Pad or Pad 784015.04/WLA 888888-00017/8-7-18/ejs/ejs -18- [Seaport Center] [Adverum Biotechnologies, Inc.] Equipment is constructed on parking spaces that exist as of the date of this Lease, such parking spaces shall be deducted from the number of space that Tenant is entitled to use under Section 9 of the Summary.