Common use of Modifications to Common Areas Clause in Contracts

Modifications to Common Areas. Landlord shall be responsible for the compliance of the Common Areas of the Project, including the non-exclusive stairwell in the Building that provides Tenant with access to the second floor of the Premises (“Shared Tenant Stairwell”), and the exterior of the Building with the ADA as of the Commencement Date. Thereafter, Landlord shall, as an Operating [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and to the extent such Operating Expense is permitted under the terms of this Lease) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas (including the Shared Tenant Stairwell) or the exterior of the Building that are required by Legal Requirements, including the ADA, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. Notwithstanding any contrary provision contained in this Section 7(a), Tenant’s obligations under this Section 7(a) shall not apply to any Legal Requirement to be complied with by Landlord pursuant to the terms of this Lease or if such obligations arise from a breach of this Lease by Landlord or any of the Landlord Parties (as defined below).

Modifications to Common Areas. Landlord shall be responsible for shall, as an Operating Expense (to the compliance extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located) or at Tenant’s expenses (to the extent such Legal Requirement is applicable solely by reason of the Common Areas Tenant’s, as compared to other tenants of the Project, including particular use of the non-exclusive stairwell in the Building that provides Tenant with access Premises) make any alterations or modifications to the second floor of the Premises (“Shared Tenant Stairwell”), and Common Areas or the exterior of the Building that are required by Legal Requirements, in eluding the ADA, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA; provided, however, that Landlord shall, at no cost or expense to Tenant, make alterations or modifications to the interior of the Premises to the extent that (i) the Premises do not comply with the ADA as of the Commencement Date. Thereafter, and (ii) Tenant notifies Landlord shall, as an Operating of such non-compliance within 30 days after the Commencement Date (which notification shall be based [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Expense (on a written report obtained by Tenant and prepared by a third party architect licensed by the State of Maryland, which report Tenant shall provide to the extent Landlord along with such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and to the extent such Operating Expense is permitted under the terms of this Lease) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas (including the Shared Tenant Stairwell) or the exterior of the Building that are required by Legal Requirements, including the ADA, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADAnotification). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all ah demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements as they relate to or pertain to the failure of the Premises to comply with any Legal RequirementsPremises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. Notwithstanding any contrary provision contained in this Section 7(a), Tenant’s obligations under this Section 7(a) shall not apply to any Legal Requirement to be complied with by Landlord pursuant to the terms of this Lease or if such obligations arise from a breach of this Lease by Landlord or any of the Landlord Parties (as defined below).

Modifications to Common Areas. Landlord shall be responsible for the compliance of the Common Areas of the Project, including the non-exclusive stairwell in the Building that provides Tenant with access to the second floor of the Premises (“Shared Tenant Stairwell”), and the exterior of the Building with the ADA as of the Commencement Date. Thereafter, Landlord shall, as an Operating [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and to the extent such Operating Expense is permitted under the terms of this Lease) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas (including the Shared Tenant Stairwell) or the exterior of the Building that are required by Legal Requirements, including the ADA, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the failure of the Premises to comply with any Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. Notwithstanding any contrary provision contained in this Section 7(a), Tenant’s obligations under this Section 7(a) shall not apply to any Legal Requirement to be complied with by Landlord pursuant to the terms of this Lease or if such obligations arise from a breach of this Lease by Landlord or any of the Landlord Parties (as defined below).

Modifications to Common Areas. Landlord shall be responsible for the compliance of the Common Areas of the Project, including the non-exclusive stairwell in the Building that provides Tenant with access to the second floor of the Premises (“Shared Tenant Stairwell”), and the exterior of the Building with the ADA as of the Commencement Date. Thereafter, Landlord shall, as an Operating [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Expense (to the extent such Legal Requirement is first generally applicable to similar buildings in the area in which Building after the Project is located Lease Commencement Date and subject to the extent such Operating Expense is permitted under the terms provisions of this LeaseSection 5 requiring amortization of costs of capital items) or at Tenant’s expense (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other biotechnology or laboratory tenants of the Project, particular use of the Premises) make any alterations alterations, repairs, replacements, or modifications to the Common Areas (including and to the Shared Tenant Stairwell) or the exterior exterior, structure, and roof of the Building that are required by Legal Requirements, including the ADA. Tenant, at its sole expense, shall make any alterations, repairs, replacements, or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Except to the extent such non-compliance (i) exists on the date Landlord Delivers the Premises to Tenant or (ii) is created by any alterations, repairs, replacements, or modifications made to the Premises, the Common Areas, or the Building by or on behalf of Landlord (except as may be required to comply with any Legal Requirement), Tenant, at its sole expense, shall make any alterations alterations, repairs, replacements, or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with the Tenant’s violation of or failure of the Premises to comply with any Legal RequirementsRequirements (to the extent such compliance is the obligation of Tenant under this Lease), and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. Notwithstanding any contrary provision contained in this Section 7(a), Tenant’s obligations under this Section 7(a) shall not apply to any Legal Requirement to be complied with by Landlord pursuant to the terms of this Lease or if such obligations arise from a breach of this Lease by Landlord or any of the Landlord Parties (as defined below)Claims.

Modifications to Common Areas. Landlord shall be responsible for the compliance of the Common Areas of the Project, including the non-exclusive stairwell in the Building that provides Tenant with access to the second floor of the Premises (“Shared Tenant Stairwell”), and the exterior of the Building with the ADA as of the Commencement Date. Thereafter, Landlord shall, as an Operating [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Expense (to the extent such Legal Requirement is generally applicable to similar buildings in the area in which the Project is located and to the extent such Operating Expense is permitted under the terms of this Leaselocated) or at Tenant’s expense expenses (to the extent such Legal Requirement is applicable solely by reason of Tenant’s, as compared to other tenants of the Project, particular use of the Premises) make any alterations or modifications to the Common Areas (including the Shared Tenant Stairwell) or the exterior of the Building that are required by Legal Requirements, including in eluding the ADA, Tenant, at its sole expense, shall make any alterations or modifications to the interior of the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA; provided, however, that Landlord shall, at no cost or expense to Tenant, make alterations or modifications to the interior of the Premises to the extent that (i) the Premises do not comply with the ADA as of the Commencement Date, and (ii) Tenant notifies Landlord of such non-compliance within 30 days after the Commencement Date (which notification shall be based on a written report obtained by Tenant and prepared by a third party architect licensed by the State of Maryland, which report Tenant shall provide to Landlord along with such notification). Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all ah demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements as they relate to or pertain to the failure of the Premises to comply with any Legal RequirementsPremises, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement. Notwithstanding any contrary provision contained in this Section 7(a), Tenant’s obligations under this Section 7(a) shall not apply to any Legal Requirement to be complied with by Landlord pursuant to the terms of this Lease or if such obligations arise from a breach of this Lease by Landlord or any of the Landlord Parties (as defined below).