Common use of Tenant’s Compliance Clause in Contracts

Tenant’s Compliance. Tenant shall not use the Premises or suffer or permit anything to be done in or about the Premises which shall in any way conflict with the requirements of any covenants, conditions and/or restrictions of record as of the date of execution of this Lease, or with any law, statute, zoning restriction, ordinance, order, rule, regulation or requirement of any duly constituted public authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to Tenant’s use or occupancy of the Premises (collectively, “Laws”), including, without limitation, (i) the San Bruno Mountain Area Habitat Conservation Plan, as amended (the “HCP”), and (ii) that certain Declaration of Covenants and Restrictions on Real Property on San Bruno Mountain. Throughout the Lease Term, Tenant shall, at its own cost and expense, promptly and properly observe and comply with all Laws applicable to Tenant’s use or occupancy of the Premises, including, without limitation, the making by Tenant of any Alteration (as defined in Section 7) to the Premises. The preceding to the contrary notwithstanding, Tenant shall not be required or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that may be required by Laws, including, without limitation, applicable building codes, Title III of the Americans with Disabilities Act and/or state and local accessibility requirements (collectively, the “Accessibility Requirements”) and Title 24 of the California Code of Regulations, as such may be amended from time to time, except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenant. In addition, Tenant shall not be required to make any modifications or additions to the structure of the Building or basic Building systems or equipment except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenant.

Tenant’s Compliance. Tenant shall not use At all times during the Premises or suffer or permit anything to be done in or about the Premises which shall in any way conflict with the requirements of any covenants, conditions and/or restrictions of record as of the date of execution term of this Lease, or Tenant, at Tenant’s sole cost and expense, shall promptly comply with any lawall present and future laws, statuteordinances, zoning restrictionorders, ordinancerules, orderregulations, rulecodes and requirements of all state, regulation or requirement of any duly constituted public authorities federal, municipal and local governments, departments, commissions and boards (including, without limitation, stateLocal Law 58) and any direction of any public officer pursuant to law, municipaland all orders, county rules and federal governments and their departmentsregulations of the New York Board of Fire Underwriters, bureausInsurance Services Office, boards and officialsor any similar body which shall impose any violation, order or duty upon Owner or Tenant with respect to the Demised Premises (collectively, “Requirements”). Notwithstanding the preceding sentence, Tenant shall not be obligated to perform any Alterations necessary to comply with any Requirements, unless compliance shall be required by reason of (i) any cause or condition arising out of any Alterations in the Demised Premises (whether made by Tenant or by Owner on behalf of Tenant), whether now in force or which may hereafter be in force, applicable to (ii) Tenant’s particular use, manner of use or manner of occupancy, as opposed to office use generally, or (iii) any breach of any of Tenant’s covenants or agreements under this Lease, or (iv) any wrongful act or negligence by Tenant or Persons Within Tenant’s Control (as hereinafter defined), or (v) Tenant’s use or manner of use or occupancy of the Demised Premises (collectively, as a “Laws”), including, without limitation, (i) place of public accommodation” within the San Bruno Mountain Area Habitat Conservation Planmeaning of the Americans With Disabilities Act of 1990, as amended (the “HCPADA”), in which event Tenant’s obligation to perform any Alteration by reason of this clause (v) shall be limited to Requirements of the ADA and (ii) apply only to the Demised Premises. Tenant may, after securing Owner to Owner’s reasonable satisfaction against all damages, interest, penalties and expenses, including, but not limited to, reasonable attorneys’ fees, by cash deposit, other form of security reasonably acceptable to Owner or surety bond in an amount and in a company satisfactory to Owner, contest and appeal any such laws, ordinances, orders, rules, regulations or requirements, provided same is done with all reasonable promptness and provided such appeal shall not subject Owner to prosecution for a criminal offense or constitute a default under any lease or mortgage under which Owner may be obligated, or cause the Demised Premises or any part thereof to be condemned or vacated. Tenant shall not do or permit any act or thing to be done in or to the Demised Premises which is contrary to law, or which will invalidate or be in conflict with public liability, fire or other policies of insurance at any time carried by or for the benefit of Owner with respect to the Demised Premises or the Building of which the Demised Premises form a part, or which shall or might subject Owner to any liability or responsibility to any person or for property damage. Tenant shall not keep anything in the Demised Premises except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization or other authority having jurisdiction, and then only in such manner and such quantity so as not to increase the rate for fire insurance applicable to the Building, nor use the Demised Premises in a manner which will increase the insurance rate for the Building or any property located therein over that certain Declaration in effect prior to the commencement of Covenants Tenant’s occupancy. Tenant shall pay all costs, expenses, or damages which may be imposed upon Owner by reason of Tenant’s failure to comply with the provisions of this Article and Restrictions on Real Property on San Bruno Mountain. Throughout if by reason of such failure the Lease Term, Tenant fire insurance rate shall, at its own cost and expensethe beginning of this Lease or at any time thereafter, promptly and properly observe and comply with all Laws applicable to Tenant’s use or occupancy of the Premisesbe higher than it otherwise would be, including, without limitation, the making by Tenant of any Alteration (as defined in Section 7) to the Premises. The preceding to the contrary notwithstanding, then Tenant shall not be required or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that may be required by Laws, including, without limitation, applicable building codes, Title III of the Americans with Disabilities Act and/or state and local accessibility requirements (collectively, the “Accessibility Requirements”) and Title 24 of the California Code of Regulationsreimburse Owner, as such may be amended from time to timeAdditional Rent hereunder, except to the extent required for that portion of all fire insurance premiums thereafter paid by Tenant’s specific manner of use of the Premises or Owner which shall have been charged because of Alterations performed such failure by Tenant. In additionany action or proceeding wherein Owner and Tenant are parties, a schedule or “make-up” of rate for the Building or Demised Premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates applicable to said Demised Premises shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to said Demised Premises. Tenant shall not be required to make place a load upon any modifications or additions to the structure floor of the Building or basic Building systems or equipment except Demised Premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Owner reserves the extent required right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant’s specific manner of use of the Premises or because of Alterations performed by , at Tenant.’s

Tenant’s Compliance. Tenant Tenant, at its cost and expense, shall not use comply with all Requirements applicable to the Premises or suffer or permit anything to be done in or about the Premises which shall in any way conflict with the requirements of any covenants, conditions and/or restrictions of record as of the date of execution of this Lease, or with any law, statute, zoning restriction, ordinance, order, rule, regulation or requirement of any duly constituted public authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to Tenant’s use or occupancy of the Premises (collectively, “Laws”)thereof, including, without limitation, the installation of 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 of Article 5 above) provided, however, that Tenant shall not be obligated to comply with any Requirements requiring any structural alterations to the Building or alterations to Building Systems beyond the point of connection to the Premises, unless the application of such Requirements arises from (i) the San Bruno Mountain Area Habitat Conservation Plan, as amended (the “HCP”), specific manner and (ii) that certain Declaration nature of Covenants and Restrictions on Real Property on San Bruno Mountain. Throughout the Lease Term, Tenant shall, at its own cost and expense, promptly and properly observe and comply with all Laws applicable to Tenant’s use or occupancy of the Premises, includingas distinct from general office use, without limitation(ii) Alterations made by Tenant, the making (iii) a breach by Tenant of any Alteration of the provisions of this Lease, or (as defined in Section 7iv) the negligence or willful misconduct of Tenant. Subject to the Premises. The preceding provisions of Article 12, any repairs or alterations required to the contrary notwithstanding, be made by Tenant shall not be required or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that may be required by Laws, including, without limitation, for compliance with applicable building codes, Title III of the Americans with Disabilities Act and/or state and local accessibility requirements (collectively, the “Accessibility Requirements”) and Title 24 of the California Code of Regulations, as such may be amended from time to time, except Requirements to the extent required by this Section 8.1(a) shall be made at Tenant’s specific manner of use expense (1) by Tenant in compliance with Article 5 if such repairs or alterations are nonstructural and do not affect any Building System outside of the Premises and to the extent such repairs or because alterations do not affect areas outside the Premises, or (2) by Landlord if such repairs or alterations are structural or affect any Building System or to the extent such repairs or alterations affect areas outside the Premises, provided, however, the foregoing provisions of Alterations performed 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 Premises (where Tenant has a duty to comply with such Requirements), Tenant shall give Landlord prompt 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. In addition’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 required permitted to make any modifications or additions to the structure of the Building or basic Building systems or equipment except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenanthave more than 50 people occupy such floor).

Tenant’s Compliance. Tenant shall not use Without limitation of Landlord’s obligation to deliver the Premises or suffer or permit anything in the Delivery Condition, including in compliance with all Requirements, Tenant, at its expense, shall comply with all Requirements applicable to be done in or about the Premises which shall in any way conflict with the requirements of any covenants, conditions and/or restrictions of record as of the date of execution of this Lease, or with any law, statute, zoning restriction, ordinance, order, rule, regulation or requirement of any duly constituted public authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to Tenant’s use or occupancy thereof; provided, however, that Tenant shall not be obligated to comply with any Requirements requiring any structural alterations unless the application of the Premises (collectively, “Laws”), including, without limitation, such Requirements arises from (i) the San Bruno Mountain Area Habitat Conservation Plan, as amended (the “HCP”), specific manner and (ii) that certain Declaration nature of Covenants and Restrictions on Real Property on San Bruno Mountain. Throughout the Lease Term, Tenant shall, at its own cost and expense, promptly and properly observe and comply with all Laws applicable to Tenant’s use or occupancy of the Premises, includingas distinct from general office use, without limitation(ii) Alterations made by Tenant, the making or (iii) a breach by Tenant of any Alteration (as defined provisions of this Lease. Without limitation of Landlord’s obligation to deliver the Premises in Section 7) the Delivery Condition, including in compliance with all Requirements, any repairs or alterations required for compliance with applicable Requirements shall be made at Tenant’s expense by Tenant in compliance with Article 5 if such repairs or alterations are nonstructural, do not affect any Building System and to the extent such repairs or alterations do not affect areas outside the Premises; or by Landlord if such repairs or alterations are structural or affect any Building System or to the extent such repairs or alterations affect areas outside the Premises. If Tenant obtains knowledge of any failure to comply with any Requirements applicable to the Premises. The preceding to the contrary notwithstanding, Tenant shall give Landlord prompt 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 required subject to criminal penalty or obligated to construct prosecution for a crime, nor shall the Premises or install 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 (or contribute 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 of constructing or installing) any capital improvements that may be required by Lawsand expense, including, without limitation, comply with all Requirements applicable building codes, Title III of to the Americans with Disabilities Act and/or state Building and local accessibility requirements (collectively, the “Accessibility Requirements”) and Title 24 of the California Code of Regulations, as such may be amended from time to time, except Premises to the extent required by that a failure to comply is reasonably likely to impair in a material respect Tenant’s specific manner of use and occupancy of the Premises or because of Alterations performed by Tenant. In addition, Tenant shall not be required to make any modifications or additions to the structure of the Building or basic Building systems or equipment except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by TenantPremises.

Tenant’s Compliance. Tenant, at its expense, shall comply and shall cause the Premises to comply with all Requirements applicable to the Premises and/or the use or occupancy of the Premises by Tenant; provided, however, Tenant shall not use be obligated to perform structural alterations to the Premises Building or suffer alterations to the Building Systems, unless the application of such Requirements arises out of or permit anything to be done in or about results from (i) the Premises which shall in any way conflict with the requirements specific manner and nature of any covenants, conditions and/or restrictions of record as of the date of execution of this Lease, or with any law, statute, zoning restriction, ordinance, order, rule, regulation or requirement of any duly constituted public authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to Tenant’s use or occupancy of the Premises (collectivelyas distinguished from general office, “Laws”laboratory, or research and development uses), including, without limitation, (i) the San Bruno Mountain Area Habitat Conservation Plan, as amended (the “HCP”), and (ii) that certain Declaration Alterations made by Tenant, or (iii) a breach by Tenant of Covenants and Restrictions on Real Property on San Bruno Mountainany provisions of this Lease. Throughout the Lease Term, Tenant shall, Any such repairs or alterations shall be made at its own cost and expense, promptly and properly observe and comply with all Laws applicable to Tenant’s use expense (1) by Tenant in compliance with Article 5 if such repairs or occupancy alterations are nonstructural and do not affect any Building System or any areas outside of the Premises, including, without limitation, or (2) by Landlord if such repairs or alterations are structural or affect any Building System or any areas outside of the making by Premises. If Tenant obtains knowledge of any Alteration (as defined in Section 7) failure to comply with any Requirements applicable to the Premises. The preceding to the contrary notwithstanding, Tenant shall not be required or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that may be required by Laws, including, without give Landlord prompt notice thereof. Without limitation, within the Premises, Tenant shall be responsible for compliance with the applicable building codes, Title III provisions of the Americans ADA. Tenant shall not permit any condition within the Premises that would (i) invalidate or conflict with Disabilities Act and/or state Landlord’s insurance policies, (ii) violate applicable rules, regulations and local accessibility requirements (collectively, the “Accessibility Requirements”) and Title 24 guidelines of the California Code City of RegulationsBoston 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 such may be amended from time to time, except to the extent required reasonably determined by Landlord. If fire insurance premiums increase as a result of Tenant’s specific manner 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 ▇▇▇▇▇▇▇▇ as a result of such failure by ▇▇▇▇▇▇. Tenant’s use of the Premises or because PH neutralization system for the Building shall be subject to and in accordance with all applicable Requirements, including the conditions of Alterations performed the MWRA Permit, as well as all Rules and Regulations concerning the PH neutralization system adopted by TenantLandlord from time-to-time. In addition, Tenant shall not be required to make introduce any modifications substances or additions to materials into the structure PH neutralization system (i) in violation of the Building MWRA Permit, (ii) in violation of Requirements, or basic Building systems or equipment except to (iii) that would interfere with the extent required by Tenant’s specific manner of use proper functioning of the Premises or because of Alterations performed by TenantPH neutralization system.

Tenant’s Compliance. From and after the Commencement Date, Tenant shall not use comply with all statutes, laws, ordinances, rules and regulations now or hereinafter promulgated by any federal, state, local or other governmental agency with respect to the Premises use, generation, storage or suffer or permit anything to be done in disposal of Hazardous Materials (as hereinafter defined) on or about the Premises Premises. Tenant (including Tenants employees, agents and contractors) shall not cause any Hazardous Materials, other than in compliance (which shall be at Tenant's sole cost and expense) with all applicable local, state and federal laws, codes, statutes, ordinances, regulations and permits now or hereafter in effect and using all necessary and appropriate precautions, to be used, generated, stored or disposed of on, under or about, or transported to or from the Premises ("Hazardous Materials Activities"). Landlord shall not be liable to Tenant for any way conflict Hazardous Materials Activities by Tenant, Tenant's employees, agents, contractors, licensees or invitees. Tenant shall indemnify, defend with counsel acceptable to Landlord and hold Landlord harmless from any claims, costs and liabilities arising out of Hazardous Materials Activities by Tenant, Tenant's employees, agents, contractors, licensees or invitees on, under or about the requirements of any covenantsPremises, conditions and/or restrictions of record as whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration of the date Term to perform remedial work arising with respect to Tenant's use of execution Hazardous Materials. For purposes of this Lease, the term "Hazardous Materials" shall include, but not be limited to, any flammable, corrosive or with ignitable materials, any lawexplosives, statutepetroleum or petroleum by-products, zoning restrictionany radioactive materials, ordinancewastes or substances, orderor any toxic substances and other substances defined as "hazardous substances," "hazardous wastes," "extremely hazardous wastes," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, rule, regulation or requirement Compensation and Liability Act of any duly constituted public authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to Tenant’s use or occupancy of the Premises (collectively, “Laws”), including, without limitation, (i) the San Bruno Mountain Area Habitat Conservation Plan1980, as amended (amended, 42 U.S.C. Section 9601, ET SEQ.; the “HCP”)Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; the Resource Conservation and (ii) that certain Declaration of Covenants Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and Restrictions on Real Property on San Bruno Mountain. Throughout the Lease Termguideline documents promulgated pursuant to said laws and any similar federal, Tenant shall, at its own cost and expense, promptly and properly observe and comply with all Laws applicable to Tenant’s use state or occupancy of the Premises, including, without limitation, the making by Tenant of any Alteration (as defined in Section 7) to the Premises. The preceding to the contrary notwithstanding, Tenant shall not be required or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that may be required by Laws, including, without limitation, applicable building codes, Title III of the Americans with Disabilities Act and/or state and local accessibility requirements (collectively, the “Accessibility Requirements”) and Title 24 of the California Code of Regulations, as such may be amended from time to time, except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenant. In addition, Tenant shall not be required to make any modifications or additions to the structure of the Building or basic Building systems or equipment except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenantlaw.

Tenant’s Compliance. Tenant shall not use the Premises or suffer or permit anything to be done in or about the Premises which shall in any way conflict with the requirements of any covenants, conditions and/or restrictions of record as of the date of execution of this Leaserecord, or with any law, statute, zoning restriction, ordinance, order, rule, regulation or requirement of any duly constituted public authorities (including, without limitation, state, municipal, county and federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to Tenant’s the condition, use or occupancy of the Premises whether or not any condition or occupancy is related to Tenant's particular use of the Premises (collectively, “"Laws”"), including, without limitation, (i) the San Bruno Mountain Area Habitat Conservation Plan, as amended (the “"HCP”), ") and (ii) that certain Declaration of Covenants and Restrictions on Real Property on San Bruno Mountain. Throughout the Lease Term, Tenant shall, at its own cost and expense, promptly and properly observe and comply with all Laws applicable to Tenant’s 's use or occupancy of the Premises, including, without limitation, the making by Tenant of any Alteration (as defined in Section PARAGRAPH 7) to the Premises. The preceding Premises or any change to the contrary notwithstanding, Tenant shall not be required or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that Improvements as may be required necessitated by such Laws, including, without limitation, all applicable building codes, Title III of the Americans with Disabilities Act and/or and all state and local accessibility requirements (collectively, the “"Accessibility Requirements”") and Title 24 of the California Code of Regulations, as such may be amended from time to time, except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenant. In addition, Tenant shall not be required to make any modifications or additions Capital improvements to the structure of the Building in which the Premises are located necessitated by Laws not related to Tenant's alteration, use or basic Building systems or equipment except occupancy of the Premises shall be the responsibility of Landlord and the costs thereof shall be paid by Tenant to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenantapplicable pursuant to PARAGRAPH 12(c) hereof.