Common use of PH Neutralization Clause in Contracts

PH Neutralization. The Building shall be serviced by a common laboratory waste sanitary sewer system from the two (2) pH neutralization rooms on the first (1st) floor of the Building to the municipal sewer line in the street adjacent to the Building. An acid neutralization tank (the “Acid Neutralization Tank”) has been installed as part of the Base Building Work (as defined in Exhibit 3.1) in each pH neutralization room and will be connected to the Premises and Tenant shall have a non-exclusive right to use its proportionate share of each Acid Neutralization Tank in accordance with Applicable Laws in common with other tenants in the Building. Tenant shall install, as part of the Finish Work, a meter and monitoring system measuring Tenant’s use of each Acid Neutralization Tank for purposes of confirming that Tenant is not using in excess of its share and to monitor the nature of Tenant waste being delivered to the Acid Neutralization Tank. Tenant, as a portion of its Operating Expenses, shall reimburse Landlord for all costs, charges and expenses incurred by Landlord from time to time in connection with or arising out of the operation, use, maintenance, repair or refurbishment of the Acid Neutralization Tanks, including all clean-up costs relating to the Acid Neutralization Tank (collectively, “Tank Costs”); provided, however, that so long as an Acid Neutralization Tank is being used by other tenant(s) or occupant(s) of the Building at any time during the Term, then, during such time period, Tenant shall only be obligated to pay its proportionate share of the Tank Costs (based on the rentable square footage of tenants utilizing the same). Notwithstanding the foregoing, in the event an Acid Neutralization Tank is damaged or repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by Tenant, Tenant shall be responsible for one hundred percent (100%) of the cost of any repairs or replacement required as a result of such improper use by Tenant, regardless of whether the Acid Neutralization Tank is then being used by other tenant(s) or occupant(s) of the Building. Similarly, if an Acid Neutralization Tank is damaged, or if repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by other tenant(s) or occupant(s) of the Building, then Tenant shall have no responsibility for the cost of any repairs or replacements required as a result of such improper use by such other tenant(s) or occupant(s). Tenant shall reimburse Landlord within thirty (30) days after Landlord’s written demand for any costs incurred by Landlord pursuant to this Section, subject to the provisions set forth above with respect to the allocation of such costs. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable governmental authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable governmental authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) to operate the Building sewer system for use by the Building, generally and (n) and, at Tenant’s sole risk, a wastewater treatment operator license (“MWRA License”) from the Commonwealth of Massachusetts with respect to Tenant’s particular use of the Acid Neutralization Tanks in the Building, provided that the application therefor and any renewal application for the MWRA License shall be subject to Tenant’s prior written approval, not to be unreasonably withheld, conditioned or delayed. Upon Tenant’s request, Landlord shall furnish a copy of the MWRA Permit to Tenant. Tenant shall not introduce anything into the Acid Neutralization Tanks (x) in violation of the terms of the MWRA Permit or MWRA License, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tanks. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the MRWA License. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, its lenders, partners, subpartners and their respective officers, agents, servants, employees, and independent contractors (the “Landlord Parties”) harmless from and against any and all Claims arising out of Tenant’s use of the Acid Neutralization Tanks. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration required by any governmental authority caused by Tenant’s improper use of the Acid Neutralization Tanks.

PH Neutralization. The Building shall be serviced by a common laboratory waste sanitary sewer system from the two (2) pH neutralization rooms on the first (1st) floor of room serving the Building to the municipal sewer line in the street adjacent to the Building. An acid neutralization tank (the “Acid Neutralization Tank”) has been will be installed as part of the Base Building Landlord’s Work (as defined in Exhibit 3.1) in each the pH neutralization room and will be connected to the Premises and as part of the Finish Work. Tenant shall have a non-exclusive right to use its proportionate share of each the Acid Neutralization Tank in accordance with Applicable applicable Laws in common with other tenants in the Building. Tenant shall install, as part of the Finish Work, a A meter and monitoring system measuring Tenant’s use of each the Acid Neutralization Tank will be installed as part of the Finish Work for purposes of confirming that Tenant is not using in excess of its share and to monitor the nature of Tenant waste being delivered to the Acid Neutralization Tank. Tenant, as a portion of its Operating Expenses, shall reimburse Landlord for all costs, charges and expenses incurred by Landlord from time to time in connection with or arising out of the operation, use, maintenance, repair or refurbishment of the Acid Neutralization Tanks, including all clean-up costs relating to the Acid Neutralization Tank (collectively, “Tank Costs”); provided, however, that so long as if an Acid Neutralization Tank is being used by other tenant(s) or occupant(s) of the Building at any time during the Term, then, during such time period, Tenant shall only be obligated to pay its proportionate share of the Tank Costs (based on the rentable square footage of tenants utilizing the same). Notwithstanding the foregoing, in the event an Acid Neutralization Tank is damaged or repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by Tenant, Tenant shall be responsible to pay within ten (10) business days after written demand for one hundred percent (100%) of the cost of any repairs or replacement required as a result of such improper use by Tenant, regardless EAST\174041517.9 of whether the Acid Neutralization Tank is then being used by other tenant(s) or occupant(s) of the Building. Similarly, if an Acid Neutralization Tank is damaged, or if repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by other tenant(s) or occupant(s) of the Building, then Tenant shall have no responsibility for the cost of any repairs or replacements required as a result of such improper use by such other tenant(s) or occupant(s). Tenant shall reimburse Landlord within thirty (30) days after Landlord’s written demand for any costs incurred by Landlord pursuant to this Section, subject to the provisions set forth above with respect to the allocation of such costs. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable governmental authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable governmental authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA GNHWPCA (“MWRA GNHWPCA Permit”) to operate the Building sewer system for use by the Building, generally and (n) and, at Tenant’s sole risk, a wastewater treatment operator license (“MWRA License”) from the Commonwealth of Massachusetts with respect to Tenant’s particular use of the Acid Neutralization Tanks in the Building, provided that the application therefor and any renewal application for the MWRA License shall be subject to Tenant’s prior written approval, not to be unreasonably withheld, conditioned or delayedgenerally. Upon Tenant’s request, Landlord shall furnish a copy of the MWRA GNHWPCA Permit to Tenant. Tenant shall not introduce anything into the Acid Neutralization Tanks (x) in violation of the terms of the MWRA Permit or MWRA LicenseGNHWPCA Permit, (y) in violation of Applicable applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tanks. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the MRWA LicenseGNHWPCA Permit. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, its lenders, partners, subpartners and their respective officers, agents, servants, employees, and independent contractors (the “Landlord Parties”) harmless from and against any and all Claims losses, costs, liabilities, claims, damages and expenses including reasonable counsel fees, penalties and fines arising out of Tenant’s use of the Acid Neutralization Tanks (other than to the extent resulting from the negligence or willful misconduct of Landlord), including (a) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, (b) damages arising from any adverse impact on marketing of space at the Property or any portion thereof and (c) sums paid in settlement of claims that arise during or after the Term as a result of Tenant’s improper use of the Acid Neutralization Tanks. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration required by any governmental authority caused by Tenant’s improper use of the Acid Neutralization Tanks.

PH Neutralization. The Building shall be serviced by a common laboratory waste sanitary sewer system from the two (2) pH neutralization rooms on the first (1st) floor of the Building to the municipal sewer line in the street adjacent to the Building. An acid neutralization tank (the “Acid Neutralization Tank”) has been installed as part of the Base Building Work (as defined in Exhibit 3.1) in each pH neutralization room and will be connected to the Premises and Tenant shall have a non-exclusive right to use its proportionate share of each Acid Neutralization Tank in accordance with Applicable Laws in common with other tenants in the Building. Tenant shall install, as part of the Finish Work, a meter and monitoring system measuring Tenant’s use of each Acid Neutralization Tank for purposes of confirming that Tenant is not using in excess of its share and to monitor the nature of Tenant waste being delivered to the Acid Neutralization Tank. Tenant, as a portion of its Operating Expenses, shall reimburse Landlord for all costs, charges and expenses incurred by Landlord from time to time in connection with or arising out of the operation, use, maintenance, repair or refurbishment of the Acid Neutralization Tanks, including all clean-up costs relating to the Acid Neutralization Tank (collectively, “Tank Costs”); provided, however, that so long as if an Acid Neutralization Tank is being used by other tenant(s) or occupant(s) of the Building at any time during the Term, then, during such time period, Tenant shall only be obligated to pay its proportionate share of the Tank Costs (based on the rentable square footage of tenants utilizing the same). Notwithstanding the foregoing, in the event an Acid Neutralization Tank is damaged or repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by Tenant, Tenant shall be responsible for one hundred percent (100%) of the cost of any repairs or replacement required as a result of such improper use by Tenant, regardless of whether the Acid Neutralization Tank is then being used by other tenant(s) or occupant(s) of the Building. Similarly, if an Acid Neutralization Tank is damaged, or if repairs to the Acid Neutralization Tank are required as a result of the improper use of the Acid Neutralization Tank by other tenant(s) or occupant(s) of the Building, then Tenant shall have no responsibility for the cost of any repairs or replacements required as a result of such improper use by such other tenant(s) or occupant(s). Tenant shall reimburse Landlord within thirty (30) days after Landlord’s written demand for any costs incurred by Landlord pursuant to this Section, subject to the provisions set forth above with respect to the allocation of such costs. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable governmental authority. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety program, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable governmental authority with respect to such chemical safety program and (b) this Section. Notwithstanding the foregoing, Landlord shall obtain and maintain during the Term (m) any permit required by the MWRA (“MWRA Permit”) to operate the Building sewer system for use by the Building, generally and (n) and, at Tenant’s sole risk, a wastewater treatment operator license (“MWRA License”) from the Commonwealth of Massachusetts with respect to Tenant’s particular use of the Acid Neutralization Tanks Tank in the Building, provided that the application therefor and any renewal application for the MWRA License shall be subject to Tenant’s prior written approval, not to be unreasonably withheld, conditioned or delayed. Upon Tenant’s request, Landlord shall furnish a copy of the MWRA Permit to Tenant. Tenant shall not introduce anything into the Acid Neutralization Tanks (x) in violation of the terms of the MWRA Permit or MWRA License, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid Neutralization Tanks. Tenant agrees to reasonably cooperate with Landlord in order to obtain the MWRA Permit and the MRWA License. Tenant shall reimburse Landlord within ten (10) business days after demand for any costs incurred by Landlord pursuant to this Section. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, its lenders, partners, subpartners and their respective officers, agents, servants, employees, and independent contractors (the “Landlord Parties”) harmless from and against any and all Claims arising out of Tenant’s use of the Acid Neutralization Tanks, including (a) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (b) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (c) sums paid in settlement of claims that arise during or after the Term as a result of Tenant’s improper use of the Acid Neutralization Tanks. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration required by any governmental authority caused by Tenant’s improper use of the Acid Neutralization Tanks.

PH Neutralization. The Building shall be is serviced by a common laboratory waste sanitary sewer system from the two (2) pH neutralization rooms on the first (1st) floor room of the Building to the municipal sewer line in the street adjacent to the Building. An acid pH neutralization tank system (the “Acid PH Neutralization TankSystem”) has been installed as part of the Base Building Work (as defined in Exhibit 3.1) in each pH neutralization room and will be is connected to the Premises and Premises. So long as Tenant is the only tenant of the Building, Tenant shall have a non-exclusive right to use its proportionate share of each Acid Neutralization Tank in accordance with Applicable Laws in common with other tenants in the Building. Tenant shall install, as part of the Finish WorkPH Neutralization System, a meter and monitoring system measuring Tenant’s use of each Acid Neutralization Tank for purposes of confirming that Tenant is not using in excess of its share and to monitor the nature of Tenant waste being delivered to the Acid Neutralization Tank. Tenant, as a portion of its Operating Expenses, shall reimburse Landlord be solely responsible for all costs, charges and expenses incurred by Landlord from time to time in connection with or arising out of the operation, use, maintenance, inspect, or repair or refurbishment of the Acid PH Neutralization TanksSystem, including all clean-up costs relating to the Acid PH Neutralization Tank System (collectively, “Tank System Costs”); provided. If, howeverat any time during the Term, that so long as an Acid Tenant is no longer the sole occupant of the Building, and the PH Neutralization Tank System is being used by other tenant(s) or occupant(s) of the Building at any time during the TermBuilding, then, during such time period, Tenant shall only be obligated to pay its proportionate share of the Tank System Costs (based on the rentable square footage of tenants utilizing the same). Notwithstanding the foregoing, in the event an Acid the PH Neutralization Tank System is damaged or repairs to the Acid PH Neutralization Tank System are required as a result of the improper use of the Acid PH Neutralization Tank System by Tenant, Tenant shall be responsible for one hundred percent (100%) of the cost of any repairs or replacement required as a result of such improper use by Tenant, regardless of whether the Acid PH Neutralization Tank System is then being used by other tenant(s) or occupant(s) of the Building. Similarly, if an Acid the PH Neutralization Tank System is damaged, or if repairs to the Acid PH Neutralization Tank System are required as a result of the improper use of the Acid PH Neutralization Tank System by other tenant(s) or occupant(s) of the Building, then Tenant shall have no responsibility for the cost of any repairs or replacements required as a result of such improper use by such other tenant(s) or occupant(s). Tenant shall reimburse Landlord within thirty (30) days after Landlord’s written demand for any costs incurred by Landlord pursuant to this Section, subject to the provisions set forth above comply with respect to the allocation of such costs. Tenant shall establish and maintain a chemical safety program administered by a licensed, qualified individual in accordance with all the requirements of the Massachusetts Water Resources Authority (“MWRA”) and any other applicable governmental authorityauthority with respect to the permitting, use, operation and maintenance of the PH Neutralization System and waste water treatment system. Tenant shall be solely responsible for all costs incurred in connection with such chemical safety programthe same, and Tenant shall provide Landlord with such documentation as Landlord may reasonably require evidencing Tenant’s compliance with the requirements of (a) the MWRA and any other applicable governmental authority with respect to such chemical safety program the permitting, use, operation and maintenance of the PH Neutralization System and waste water treatment system and (b) this Section. Notwithstanding the foregoing, Landlord Tenant shall obtain be solely responsible for obtaining and maintain maintaining during the Term (m) any permit required by the MWRA (“MWRA Permit”) to operate the Building sewer system for use by the Building, generally and (n) and, at Tenant’s sole risk, Tenant shall retain a qualified employee or consultant with a wastewater treatment operator license (“MWRA License”) from the Commonwealth of Massachusetts to oversee the operation and maintenance of the PH Neutralization System. Tenant shall provide Landlord with copies of any submissions that it makes to the MWRA with respect to Tenant’s particular use of the Acid PH Neutralization Tanks in the Building, provided that the application therefor and any renewal application for the MWRA License shall be subject to Tenant’s prior written approval, not to be unreasonably withheld, conditioned or delayed. Upon Tenant’s request, Landlord shall furnish a copy of the MWRA Permit to TenantSystem. Tenant shall not introduce anything into the Acid PH Neutralization Tanks System (x) in violation of the terms of the MWRA Permit or MWRA LicensePermit, (y) in violation of Applicable Laws or (z) that would interfere with the proper functioning of the Acid PH Neutralization TanksSystem. Tenant Landlord agrees to reasonably cooperate with Landlord Tenant, at no cost to Landlord, in order to obtain the MWRA Permit and the MRWA LicensePermit. Tenant shall reimburse Landlord within ten (10) business days after demand for any documented third-party costs incurred by Landlord pursuant to this Section. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord, its lenders, partners, subpartners and their respective officers, agents, servants, employees, and independent contractors (the “Landlord Parties”) harmless from and against any and all Claims arising out of Tenant’s use of the Acid PH Neutralization TanksSystem, including (a) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (b) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (c) sums paid in settlement of claims that arise during or after the Term as a result of Tenant’s improper use of the PH Neutralization System. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration required by any governmental authority caused by Tenant’s improper use of the Acid PH Neutralization TanksSystem.