LEED Compliance Clause Samples

LEED Compliance. (a) Tenant acknowledges that at Landlord’s option, the Building or Project may be operated in accordance with the U.S. Green Building Council’s Leadership in Energy and Environmental Design program’s standards for existing buildings, as the same may be amended, supplemented, or replaced from time to time, or, at Landlord’s option, any similar standards (hereinafter referred to as “LEED”). (b) From and after the date Landlord notifies Tenant in writing that Landlord has elected to operate the Premises, Building, or Project in accordance with the LEED program, Tenant shall, in addition to compliance with all other Lease obligations, in Tenant’s reasonable discretion, comply with all LEED requirements applicable to the Premises, Building and/or Project as set forth by Landlord in such notice, and with any additional or supplemental requirements that may be provided by Landlord to Tenant from time to time (the “LEED Conditions”). Landlord shall have the right to modify or discontinue the LEED Conditions at any time upon notice to Tenant. (c) Tenant covenants, at no cost to Tenant, to cooperate with Landlord in seeking LEED certification if Landlord so elects; provided, Landlord does not guarantee or represent to Tenant that certification will be sought or that the Premises, Building or Project will be certified to any particular LEED standard. If LEED certification is obtained, Tenant shall not seek decertification or otherwise interfere with the continuance of such certification. (d) Notwithstanding anything to the contrary in this Section 5.06, Tenant shall not be obligated to comply with any LEED Conditions that (i) would require Tenant to incur out-of-pocket expenditures or that would increase the cost of Tenant’s operation of its business (in each case other than by a de minimus amount), or (ii) have a material adverse effect on Tenant’s use and enjoyment of the Premises or the services and utilities that would otherwise be available to the Premises.

LEED Compliance. Landlord and Tenant hereby acknowledge and agree that Landlord designed the Base Building to be compliant with certain LEED requirements. Landlord has provided Tenant with the LEED compliance checklist delineating the credits Landlord intends to obtain. Landlord agrees to reasonably cooperate with Tenant and Tenant's consultants to provide the required information, plans, specifications, documents, etc., for Tenant to obtain LEED certification with respect to the Improvements; provided, however, while Tenant is not required to cause the Premises to obtain LEED certification with respect to the Improvements, Tenant shall not design the Improvements, nor use particular systems within the Premises, that would jeopardize any LEED certification for the Building. ./ -/// -1- ▇▇▇▇▇▇ REALTY, L.P. [ACADIA Pharmaceuticals Inc.]

LEED Compliance. Tenant shall, in all instances, comply with tenant requirements and responsibilities, including but not limited to the LEED design criteria applicable to Tenant work, detailed in Exhibit B-2.

LEED Compliance. Landlord shall, at Landlord's sole cost and expense, use commercially reasonable efforts to cause the Base, Shell and Core to be compliant, at a minimum, with LEED Gold requirements under LEED 2009 Core & Shell, and Landlord shall use commercially reasonable efforts, in accordance with industry standards and practices, to achieve such certification within twelve (12) months following the Phase 1 Lease Commencement Date, provided that Tenant's use, the Improvements, and Tenant's requirement for electricity do not materially affect Landlord's ability to obtain such certification. Landlord shall provide Tenant with the LEED compliance checklist delineating the credits Landlord intends to obtain. Landlord agrees to reasonably cooperate with Tenant and, at Tenant's election, Tenant's consultants to provide the required information, plans, specifications, documents, etc., for Tenant to obtain certification for requirements under LEED Commercial Interiors with respect to the Improvements. In order to facilitate Tenant obtaining LEED certification with respect to the Improvements, Landlord shall cause the following items to be incorporated into the Base, Shell and Core, so long as Tenant provides the specifications for such items to Landlord and as long as the incorporation of such items does not delay the critical path of construction of the Base, Shell, and Core: (i) indoor water use to meet LEED v4.0 commercial interiors requirements and (ii) minimum energy performance to meet LEED v4.0 commercial 720213.12/▇▇▇▇▇▇▇▇▇-00005/4-9-14/mem/ejw EXHIBIT B-21- interiors requirements (collectively, the "Tenant LEED Items"). Landlord shall deduct from the Improvement Allowance the incremental increase between the cost of causing the indoor water use and energy performance of the Base, Shell and Core to be compliant with LEED Gold requirements under LEED 2009 Core & Shell and the cost of incorporating the Tenant LEED Items into the Base, Shell and Core.

LEED Compliance. Landlord and Tenant hereby acknowledge and agree that Landlord designed the Base Building to be compliant with certain LEED requirements for Building Design and Construction. Landlord has provided Tenant with the LEED compliance checklist delineating the credits Landlord intends to obtain. Upon request from Tenant, Landlord agrees to reasonably cooperate with Tenant and Tenant’s consultants to provide the required information, plans, specifications, documents, etc., for Tenant to obtain LEED certification for Interior Design and Construction with respect to the Improvements.