Common use of Tenant’s Compliance Clause in Contracts

Tenant’s Compliance. From and after the Commencement Date, Tenant shall 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 use, generation, storage or disposal of Hazardous Materials (as hereinafter defined) on or about the 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 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 Premises, whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration of the Term to perform remedial work arising with respect to Tenant's use of Hazardous Materials. For purposes of this Lease, the term "Hazardous Materials" shall include, but not be limited to, any flammable, corrosive or ignitable materials, any explosives, petroleum or petroleum by-products, any radioactive materials, wastes or substances, or 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, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, ET SEQ.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and guideline documents promulgated pursuant to said laws and any similar federal, state or local law.

Tenant’s Compliance. From Tenant, at its cost and after the Commencement Dateexpense, Tenant shall comply with all statutes, laws, ordinances, rules and regulations now or hereinafter promulgated by any federal, state, local or other governmental agency with respect Requirements applicable to the usePremises and/or Tenant’s use or occupancy thereof, generationincluding, storage or disposal without limitation, the installation of Hazardous Materials (as hereinafter defined) on or about a life safety system in the Premises. Tenant (including Tenants employeesPremises from the point of connection into the base Building life safety system, agents and contractors) shall not cause any Hazardous Materials, other than in compliance (which shall be at Tenant's sole cost and expense) accordance with all applicable localRequirements governing the installation, state maintenance and federal lawsoperation of such system (subject to the terms of Article 5 above) provided, codeshowever, 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 that Tenant shall not be liable obligated to Tenant for comply with any Hazardous Materials Activities 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 specific manner and nature of Tenant’s use or occupancy of the Premises, as distinct from general office use, (ii) Alterations made by Tenant, Tenant's employees, agents, contractors, licensees or invitees. (iii) a breach by Tenant shall indemnify, defend with counsel acceptable to Landlord and hold Landlord harmless from of 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 Premises, whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration of the Term to perform remedial work arising with respect to Tenant's use of Hazardous Materials. For purposes provisions of this Lease, or (iv) the term "Hazardous Materials" negligence or willful misconduct of Tenant. Subject to the provisions of Article 12, any repairs or alterations required to be made by Tenant for compliance with applicable Requirements to the extent required by this Section 8.1(a) shall includebe made at Tenant’s 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 alterations do not affect areas outside the Premises, but 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 this Section 8.1(a) shall not be limited toconstrued to require Tenant to perform structural Alterations, any flammableunless the same are required due to clauses (i), corrosive or ignitable materials, any explosives, petroleum or petroleum by-products, any radioactive materials, wastes or substances(ii), or (iii) of the immediately preceding sentence. If Tenant obtains written notice or otherwise has actual knowledge of any toxic substances and other substances defined 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 "hazardous substances," "hazardous wastes," "extremely hazardous wastes," "hazardous materials" or "toxic substances" 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 Comprehensive Environmental Responseexisting TCO or Certificate of Occupancy for such Building for any full floor or the portion of such floor that it occupies, Compensation and Liability Act then Tenant shall either (i) modify the Building’s TCO or Certificate of 1980Occupancy, as amendedthe case may be, 42 U.S.C. Section 9601to permit such occupancy, ET SEQor (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).; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and guideline documents promulgated pursuant to said laws and any similar federal, state or local law.

Tenant’s Compliance. From and after the Commencement Date, Tenant shall comply with all statutes, laws, ordinances, rules and regulations now not use the Premises or hereinafter promulgated by any federal, state, local suffer or other governmental agency with respect permit anything to the use, generation, storage or disposal of Hazardous Materials (as hereinafter defined) on be done in or about the Premises. Tenant (including Tenants employees, agents and contractors) shall not cause any Hazardous Materials, other than in compliance (Premises which shall be at Tenant's sole cost and expense) in any way conflict with all applicable localthe requirements of any covenants, 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 conditions and/or restrictions of on, under or about, or transported to or from the Premises ("Hazardous Materials Activities"). Landlord shall not be liable to Tenant for any 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 Premises, whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration record as of the Term to perform remedial work arising with respect to Tenant's use date of Hazardous Materials. For purposes 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 term "Hazardous Materials" 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 include, but not be limited torequired or obligated to construct or install (or contribute to the cost of constructing or installing) any capital improvements that may be required by Laws, any flammableincluding, corrosive or ignitable materialswithout limitation, any explosivesapplicable building codes, petroleum or petroleum by-productsTitle III of the Americans with Disabilities Act and/or state and local accessibility requirements (collectively, any radioactive materials, wastes or substances, or any toxic substances the “Accessibility Requirements”) and other substances defined as "hazardous substances," "hazardous wastes," "extremely hazardous wastes," "hazardous materials" or "toxic substances" in Title 24 of the Comprehensive Environmental Response, Compensation and Liability Act California Code of 1980Regulations, as amendedsuch may be amended from time to time, 42 U.S.C. Section 9601except to the extent required by Tenant’s specific manner of use of the Premises or because of Alterations performed by Tenant. In addition, ET SEQTenant 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.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and guideline documents promulgated pursuant to said laws and any similar federal, state or local law.

Tenant’s Compliance. From and after Without limitation of Landlord’s obligation to deliver the Commencement DatePremises in the Delivery Condition, Tenant including in compliance with all Requirements, Tenant, at its expense, shall comply with all statutes, laws, ordinances, rules and regulations now or hereinafter promulgated by any federal, state, local or other governmental agency with respect Requirements applicable to the Premises and/or 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 such Requirements arises from (i) the specific manner and nature of Tenant’s use or occupancy of the Premises, as distinct from general office use, generation(ii) Alterations made by Tenant, storage or disposal (iii) a breach by Tenant of Hazardous Materials (as hereinafter defined) on any provisions of this Lease. Without limitation of Landlord’s obligation to deliver the Premises in the Delivery Condition, including in compliance with all Requirements, any repairs or about 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, 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 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 Tenants employeesreasonable attorneys’ fees) which Landlord and/or Landlord’s Indemnitees may incur as a result of Tenant’s contesting the validity of such Requirement(s), agents and contractors) Tenant shall not cause any Hazardous Materialskeep Landlord reasonably advised as to the status of such proceedings. In connection with Landlord’s obligations as expressly set forth in this Lease, other than in compliance (which shall be Landlord shall, at Tenant's its sole cost and expense) , comply with all Requirements applicable local, state to the Building 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 Hazardous Materials Activities by the extent that a failure to comply is reasonably likely to impair in a material respect Tenant, Tenant's employees, agents, contractors, licensees or invitees. Tenant shall indemnify, defend with counsel acceptable to Landlord ’s use and hold Landlord harmless from any claims, costs and liabilities arising out occupancy of Hazardous Materials Activities by Tenant, Tenant's employees, agents, contractors, licensees or invitees on, under or about the Premises, whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration of the Term to perform remedial work arising with respect to Tenant's use of Hazardous Materials. For purposes of this Lease, the term "Hazardous Materials" shall include, but not be limited to, any flammable, corrosive or ignitable materials, any explosives, petroleum or petroleum by-products, any radioactive materials, wastes or substances, or 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, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, ET SEQ.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and guideline documents promulgated pursuant to said laws and any similar federal, state or local law.(b)

Tenant’s Compliance. From 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, 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 after federal governments and their departments, bureaus, boards and officials), whether now in force or which may hereafter be in force, applicable to the Commencement Datecondition, 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 shall, at its own cost and expense, promptly and properly observe and 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 use, generation, storage or disposal of Hazardous Materials (as hereinafter defined) on or about the 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 Laws 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 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 Premises, whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration of the Term to perform remedial work arising with respect to Tenant's use or occupancy of Hazardous Materials. For purposes of this Leasethe Premises, including, without limitation, the term "Hazardous Materials" shall include, but not be limited to, making by Tenant of any flammable, corrosive or ignitable materials, any explosives, petroleum or petroleum by-products, any radioactive materials, wastes or substances, Alteration (as defined in PARAGRAPH 7) to the Premises or any toxic substances change to the Tenant Improvements as may be necessitated by such Laws, including, without limitation, all applicable building codes, Title III of the Americans with Disabilities Act and other substances defined as all state and local accessibility requirements (collectively, the "hazardous substances," Accessibility Requirements"hazardous wastes," "extremely hazardous wastes," "hazardous materials" or "toxic substances" in ) and Title 24 of the Comprehensive Environmental Response, Compensation and Liability Act California Code of 1980Regulations, as amendedsuch may be amended from time to time. Capital improvements to the structure of the Building in which the Premises are located necessitated by Laws not related to Tenant's alteration, 42 U.S.C. Section 9601, ET SEQ.; use or occupancy of the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; Premises shall be the Resource Conservation responsibility of Landlord and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and guideline documents promulgated the costs thereof shall be paid by Tenant to the extent applicable pursuant to said laws and any similar federal, state or local lawPARAGRAPH 12(c) hereof.

Tenant’s Compliance. From Tenant, at its expense, shall comply and after shall cause the Commencement DatePremises 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 be obligated to perform structural alterations to the Building or alterations to the Building Systems, unless the application of such Requirements arises out of or results from (i) the specific manner and nature of Tenant’s use or occupancy of the Premises (as distinguished from general office, laboratory, or research and development uses), (ii) 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 expense (1) by Tenant in compliance with Article 5 if such repairs or alterations are nonstructural and do not affect any Building System or any areas outside of the Premises, or (2) by Landlord if such repairs or alterations are structural or affect any Building System or any areas outside of the Premises. If Tenant obtains knowledge of any failure to comply with all statutesany Requirements applicable to the Premises, lawsTenant shall give Landlord prompt notice thereof. Without limitation, ordinanceswithin the Premises, rules 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 regulations now guidelines of the City of Boston fire department, fire insurance rating organization or hereinafter promulgated by any federalother Governmental Authority, state, local or other governmental agency (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 useBuilding or any property therein in amounts and against risks comparable to those insured against by prudent owners of Comparable Buildings, generationas 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, storage or disposal then Tenant shall promptly cure such failure and shall reimburse Landlord for the increased fire insurance premiums paid by Xxxxxxxx as a result of Hazardous Materials (as hereinafter defined) on or about such failure by Xxxxxx. Tenant’s use of the Premises. Tenant (including Tenants employees, agents and contractors) shall not cause any Hazardous Materials, other than in compliance (which PH neutralization system for the Building shall be at Tenant's sole cost subject to and expense) in accordance with all applicable localRequirements, state including the conditions of the MWRA Permit, as well as all Rules 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 Regulations concerning the PH neutralization system adopted by Landlord from the Premises ("Hazardous Materials Activities"). Landlord shall not be liable to Tenant for any Hazardous Materials Activities by Tenant, Tenant's employees, agents, contractors, licensees or inviteestime-to-time. Tenant shall indemnify, defend with counsel acceptable to Landlord and hold Landlord harmless from not introduce any claims, costs and liabilities arising out of Hazardous Materials Activities by Tenant, Tenant's employees, agents, contractors, licensees substances or invitees on, under or about materials into the Premises, whether during the Term or after the expiration thereof, and Landlord shall provide to Tenant reasonable access to the Premises following expiration PH neutralization system (i) in violation of the Term to perform remedial work arising with respect to Tenant's use MWRA Permit, (ii) in violation of Hazardous Materials. For purposes of this Lease, the term "Hazardous Materials" shall include, but not be limited to, any flammable, corrosive or ignitable materials, any explosives, petroleum or petroleum by-products, any radioactive materials, wastes or substancesRequirements, or any toxic substances (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 other substances defined as "hazardous substances," "hazardous wastes," "extremely hazardous wastes," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, ET SEQ(ii) would be competitively harmful if publicly disclosed.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ.; and/or in regulations, compliance and guideline documents promulgated pursuant to said laws and any similar federal, state or local law.