Common use of Tenant’s Compliance Clause in Contracts

Tenant’s Compliance. Tenant, at its expense, shall comply (or cause to be complied) with all Requirements applicable to the Premises, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall not be obligated to comply with any Requirement requiring any structural alteration to the Premises unless the application of such Requirement arises from (i) Tenant's manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally), (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be made by Tenant, at Tenant's expense and in compliance with Article 5, if such repairs or alterations are nonstructural, do not affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant's reasonable expense, if such repairs or alterations are structural, affect any Building System or the exterior windows of the Premises or involve the performance of work outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof.

Tenant’s Compliance. Tenant, at its expense, shall comply (or cause to be complied) with all Requirements applicable to the Premises, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall not be obligated to comply with any Requirement requiring any structural alteration to the Premises unless the application of such Requirement arises from (i) Tenant's ’s manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally), (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's ’s obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be made by Tenant, at Tenant's ’s expense and in compliance with Article 5, if such repairs or alterations are nonstructural, do not affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant's ’s reasonable expense, if such repairs or alterations are structural, affect any Building System or the exterior windows of the Premises or involve the performance of work outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof.

Tenant’s Compliance. Tenant, at its expense, shall comply (or cause to be compliedcompliance) with all Requirements applicable to the Premises (and to areas outside of the Premises, if resulting from any act or omission of Tenant, including, without limitation, any work undertaken by or on behalf of Tenant), regardless of whether imposed by their terms upon Landlord or Tenant, Tenant provided however, that Tenant shall not be obligated to comply with any Requirement requiring any structural alteration to the Premises unless the application of such Requirement arises from (i) Tenant's ’s manner of use or occupancy of the Premises (as distinguished from the other than its mere use or occupancy of the Premises for office purposes generally)executive and general offices, (ii) any cause or condition created by or on behalf of Tenant or any Tenant Party (including any Alterations), (iii) any wrongful act or wrongful omission by Tenant or any Tenant Party or (iv) the breach of any of Tenant's obligation ’s obligations under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be made by Tenant, at Tenant's expense and in compliance with Article 5, if such repairs or alterations are nonstructural, do not affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant's reasonable expense, if such repairs or alterations are structural, affect any Building System or the exterior windows of the Premises or involve the performance of work outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof. All repairs and alterations, whether ordinary or extraordinary, required to be made to cause the Premises to comply with any Requirements shall be made by Tenant, at Tenant’s expense and in compliance with Article 5 if such repairs or alterations are nonstructural, do not affect any Building System, and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant’s expense, if such repairs or alterations are structural, affect any Building System, or involve the performance of work outside the Premises.

Tenant’s Compliance. Tenant, at its expense, shall comply (or cause to be complied) with all Requirements applicable to the Premises, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall not be obligated to comply with any Requirement requiring any structural alteration to the Premises unless the application of such Requirement arises from (i) Tenant's manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally), (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be made by Tenant, at Tenant's expense and in compliance with Article 5, if such repairs or alterations are nonstructural, do not affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant's reasonable expense, if such repairs or alterations are structural, affect any Building System or the exterior windows of the Premises or involve the performance of work outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof. All repairs and alterations, whether ordinary or extraordinary, required to be made to cause the Premises (which shall include all means of access and egress to, from and between the floors comprising parts of the Premises) to comply with any Requirements shall be made at Tenant's expense. If such repairs or alterations are nonstructural, do not affect any Building System, and do not involve the performance of work outside of the Premises, then they shall be made by Tenant, in accordance with the requirements of this Lease, including Article 5. If such repairs or alterations are structural, affect any Building System, or involve the performance of work outside the Premises, then at Landlord's option, they shall be made by Landlord and, within 10 days after demand therefore, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith. Notwithstanding anything to the contrary contained herein, Tenant agrees that within the Premises (which shall include all means of access and egress to, from and between the floors comprising parts of the Premises), it shall be responsible for compliance with the Americans With Disabilities Act (42 U.S.C. Section 12101 et seq.) and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto.

Tenant’s Compliance. Tenant, at its expense, shall comply (or and shall cause the Premises to be complied) comply with all Requirements applicable to the PremisesPremises and/or the use or occupancy of the Premises by Tenant; provided, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall not be obligated to comply with any Requirement requiring any perform structural alteration alterations to the Premises Building or alterations to the Building Systems, unless the application of such Requirement Requirements arises out of or results from (i) the specific manner and nature of Tenant's manner of ’s use or occupancy of the Premises (as distinguished from the use general office, laboratory, or occupancy of the Premises for office purposes generallyresearch and development uses), (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be Alterations made by Tenant, or (iii) a breach by Tenant of any provisions of this Lease. Any such repairs or alterations shall be made at Tenant's ’s expense and (1) by Tenant in compliance with Article 5, 5 if such repairs or alterations are nonstructural, nonstructural and do not affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work System or any areas outside of the Premises, or (2) by Landlord, at Tenant's reasonable expense, Landlord if such repairs or alterations are structural, structural or affect any Building System or the exterior windows any areas outside of the Premises or involve the performance of work outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof. Without limitation, within the Premises, Tenant shall be responsible for compliance with the applicable provisions of the ADA. Tenant shall not permit any condition within the Premises that would (i) invalidate or conflict with Landlord’s insurance policies, (ii) violate applicable rules, regulations and guidelines of the City of Boston fire department, fire insurance rating organization or any other Governmental Authority, (iii) cause an increase in the premiums of fire insurance for the Building over that payable with respect to Comparable Buildings, or (iv) result in Landlord’s insurance companies’ refusing to insure the Building or any property therein in amounts and against risks comparable to those insured against by prudent owners of Comparable Buildings, as reasonably determined by Landlord. If fire insurance premiums increase as a result of Tenant’s failure to comply with the provisions of this Section 8.1, then Tenant shall promptly cure such failure and shall reimburse Landlord for the increased fire insurance premiums paid by Xxxxxxxx as a result of such failure by Xxxxxx. Tenant’s use of the PH neutralization system for the Building shall be subject to and in accordance with all applicable Requirements, including the conditions of the MWRA Permit, as well as all Rules and Regulations concerning the PH neutralization system adopted by Landlord from time-to-time. Tenant shall not introduce any substances or materials into the PH neutralization system (i) in violation of the MWRA Permit, (ii) in violation of Requirements, or (iii) that would interfere with the proper functioning of the PH neutralization system. [***] Certain information in this document has been omitted from this exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.

Tenant’s Compliance. Tenant, at its expense, shall comply ------------------- (or cause to be complied) with all Requirements applicable to (x) the PremisesInitial Installations and (y) otherwise applicable to the Premises and first enacted or imposed after the initial Rent Commencement Date, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall and which do not be obligated to comply with any Requirement requiring require any structural alteration changes to the Premises unless Premises. Notwithstanding the application of such Requirement arises from (i) Tenant's manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally)foregoing, (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All all repairs and alterations to the Premises, whether structural or nonstructural, ordinary or extraordinary, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements and which arise as a result of (i) the specific manner and nature of Tenant's use or occupancy of the Premises, as distinct from general office use, (ii) Alterations made by Tenant in the Premises or (iii) a breach by Tenant of any provisions of this Lease, shall be made by Tenant, at Tenant's expense and in compliance with Article 5, if such repairs or alterations are nonstructural, --------- nonstructural and do not affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant's reasonable expense, if such repairs or alterations are structural, structural or affect any Building System or the exterior windows of the Premises or involve the performance of work outside the PremisesSystem. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof.

Tenant’s Compliance. Tenant, at its expense, shall comply (or cause to be complied) with all Requirements applicable to the Premises, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall not be obligated to comply with any Requirement requiring any structural alteration to the Premises unless the application of such Requirement arises from (i) Tenant's manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally), (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's obligation under this Lease, or (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be made by Tenant, at Tenant's expense and in compliance with Article 5, if such repairs or alterations are nonstructural, do not adversely affect any Building System, do not affect the exterior windows of the Premises and do not involve the performance of work outside of the Premises, or by Landlord, at Tenant's reasonable expense, if such repairs or alterations are structural, otherwise affect any Building System or the exterior windows of the Premises or involve the performance of work outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof.

Tenant’s Compliance. Tenant, at its expense, shall comply (or cause to be complied) with all Requirements applicable to the Premises, regardless of whether imposed by their terms upon Landlord or Tenant; provided, provided however, that Tenant shall not be obligated to comply with any Requirement requiring any structural alteration to the Premises unless the application of such Requirement arises from (i) Tenant's manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally), (ii) any cause or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the breach of any of Tenant's obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each of the same may be amended from time to timetime and any Requirements of similar import), provided that Tenant shall only be responsible for any Requirement under this Section 9.1(a)(iv) arising out of Tenant's manner of use or occupancy of the Premises (as distinguished from the use or occupancy of the Premises for office purposes generally), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause the Premises to comply with any Requirements shall be made by (i) Tenant, at Tenant's expense and in compliance with Article 5expense, if such the required repairs or alterations are nonstructural, nonstructural in nature and do not affect any Building System, do not affect the exterior windows System or any portion of the Premises and do not involve the performance of work Building outside of the Premises, or by (ii) Landlord, at Tenant's reasonable expense, if such the required repairs are structural in nature, involve replacement of exterior window glass (if damaged by Tenant) or alterations are structural, affect any Building System or any portion of the exterior windows Building outside of the Premises (such repairs shall be done by Landlord's employees, Landlord's contractor or involve the performance of work outside the Premisesa contractor approved by Landlord in writing). If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof.

Tenant’s Compliance. Tenant, at its cost and expense, shall comply (or cause to be complied) with all Requirements applicable to the PremisesPremises and/or Tenant’s use or occupancy thereof, regardless including, without limitation, the installation of whether imposed by their a life safety system in the Premises from the point of connection into the base Building life safety system, in accordance with all applicable Requirements governing the installation, maintenance and operation of such system (subject to the terms upon Landlord or Tenantof Article 5 above) provided, provided however, that Tenant shall not be obligated to comply with any Requirement Requirements requiring any structural alteration alterations to the Premises Building or alterations to Building Systems beyond the point of connection to the Premises, unless the application of such Requirement Requirements arises from (i) the specific manner and nature of Tenant's manner of ’s use or occupancy of the Premises (Premises, as distinguished distinct from the use or occupancy of the Premises for general office purposes generally)use, (ii) any cause or condition created Alterations made by or on behalf of any Tenant Party (including any Alterations)Tenant, (iii) the a breach by Tenant of any of Tenant's obligation under the provisions of this Lease, or (iv) the Americans with Disabilities Act negligence or New York City Local Law #58 (as each willful misconduct of the same may be amended from time to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant PartyTenant. All repairs and alterations Subject to the Premisesprovisions of Article 12, any repairs or alterations required to be made by Tenant as provided above for compliance with applicable Requirements to cause the Premises to comply with any Requirements extent required by this Section 8.1(a) shall be made by Tenant, at Tenant's ’s expense and (1) by Tenant in compliance with Article 5, 5 if such repairs or alterations are nonstructural, nonstructural and do not affect any Building System, do not affect the exterior windows System outside of the Premises and to the extent such repairs or alterations do not involve the performance of work affect areas outside of the Premises, or (2) by Landlord, at Tenant's reasonable expense, Landlord if such repairs or alterations are structural, structural or affect any Building System or to the exterior windows of the Premises extent such repairs or involve the performance of work alterations affect areas outside the Premises, provided, however, the foregoing provisions of this Section 8.1(a) shall not be construed to require Tenant to perform structural Alterations, unless the same are required due to clauses (i), (ii), or (iii) of the immediately preceding sentence. If Tenant obtains written notice or otherwise has actual knowledge of any failure to comply with any Requirements applicable to the PremisesPremises (where Tenant has a duty to comply with such Requirements), Tenant shall give Landlord prompt written notice thereof. Tenant hereby agrees to indemnify Landlord for any actual costs, loss, injury, expense or fees (including reasonable attorneys’ fees) incurred by reason of such non-compliance that is the responsibility of Tenant as provided in this Section 8.1(a). If Tenant’s occupancy of the Premises, based on Tenant’s pro-rata share of any partial floor of a Building that it occupies violates the density requirements set forth in the existing TCO or Certificate of Occupancy for such Building for any full floor or the portion of such floor that it occupies, then Tenant shall either (i) modify the Building’s TCO or Certificate of Occupancy, as the case may be, to permit such occupancy, or (ii) take all action necessary to put the Premises in compliance with such density requirements (i.e., if the TCO or Certificate of Occupancy permits 100 persons on a floor and Tenant occupies one-half of such floor, then Tenant shall not be permitted to have more than 50 people occupy such floor).

Tenant’s Compliance. Without limitation of Landlord’s obligation to deliver the Premises in the Delivery Condition, including in compliance with all Requirements, Tenant, at its expense, shall comply (or cause to be complied) with all Requirements applicable to the PremisesPremises and/or Tenant’s use or occupancy thereof; provided, regardless of whether imposed by their terms upon Landlord or Tenant, provided however, that Tenant shall not be obligated to comply with any Requirement Requirements requiring any structural alteration to the Premises alterations unless the application of such Requirement Requirements arises from (i) the specific manner and nature of Tenant's manner of ’s use or occupancy of the Premises (Premises, as distinguished distinct from the use or occupancy of the Premises for general office purposes generally)use, (ii) any cause Alterations made by Tenant, or condition created by or on behalf of any Tenant Party (including any Alterations), (iii) the a breach by Tenant of any provisions of Tenant's obligation under this Lease, (iv) the Americans with Disabilities Act or New York City Local Law #58 (as each . Without limitation of the same may be amended from time Landlord’s obligation to time), or (v) any Hazardous Materials having been brought into the Building or affected by any Tenant Party. All repairs and alterations to the Premises, required to be made by Tenant as provided above to cause deliver the Premises to comply in the Delivery Condition, including in compliance with all Requirements, any repairs or alterations required for compliance with applicable Requirements shall be made by Tenant, at Tenant's ’s expense and by Tenant in compliance with Article 5, 5 if such repairs or alterations are nonstructural, do not affect any Building System, System and to the extent such repairs or alterations do not affect the exterior windows of the Premises and do not involve the performance of work areas outside of the Premises, ; or by Landlord, at Tenant's reasonable expense, Landlord if such repairs or alterations are structural, structural or affect any Building System or to the exterior windows of the Premises extent such repairs or involve the performance of work alterations affect areas outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises, Tenant shall give Landlord prompt written notice thereof.. Tenant, at its cost and expense, may contest the validity of Requirements applicable to the Premises and/or Tenant’s use or occupancy thereof and postpone compliance therewith pending such contest, provided that Landlord shall not be subject to criminal penalty or to prosecution for a crime, nor shall the Premises or any part thereof or the Building or Real Property, or any part thereof be subject to being condemned or vacated or be subjected to any lien or encumbrance, nor shall the same involve imminent danger or significant safety hazards, and Tenant shall save and hold harmless Landlord and Landlord’s Indemnitees from any claims, liability, damages, costs, expenses and fees (including reasonable attorneys’ fees) which Landlord and/or Landlord’s Indemnitees may incur as a result of Tenant’s contesting the validity of such Requirement(s), and Tenant shall keep Landlord reasonably advised as to the status of such proceedings. In connection with Landlord’s obligations as expressly set forth in this Lease, Landlord shall, at its sole cost and expense, comply with all Requirements applicable to the Building and the Premises to the extent that a failure to comply is reasonably likely to impair in a material respect Tenant’s use and occupancy of the Premises. (b)