Common use of Cleaning; Water Clause in Contracts

Cleaning; Water. Landlord shall provide cleaning, maintenance and landscaping to the common areas of the Building and Property (including snow removal to the extent necessary to maintain reasonable access to the Building) in accordance with standards generally prevailing throughout the term hereof in comparable office buildings in the City of Alachua; and furnish water for ordinary drinking, lavatory and toilet facilities (as opposed to special laboratory or other uses in excess of general office uses). Notwithstanding the foregoing or any other provision of this Lease to the contrary, Landlord shall have no obligation to handle or dispose of any (a) radioactive, volatile, highly flammable, explosive or toxic materials, (b) any Hazardous Materials as defined in Section 6.2.8, (c) needles, syringes, lancets, similar sharp objects or contaminated glassware, (d) blood products, (e) body fluids, (f) human or animal tissue, discarded medical equipment and parts that were in contact with infectious agents, (g) any other waste defined as medical or infectious waste in applicable federal, state or local laws or regulations, (h) construction debris, or (i) any other waste which, because of its nature, requires special handling or disposal; any item identified in clauses “(a)” through “(i)”, above, hereinafter referred to as “Excepted Waste”. Tenant agrees that the handling and disposal of Excepted Waste, and the cleaning of any portion of the Premises contaminated by Excepted Waste, shall be the sole responsibility of Tenant and Tenant shall contract directly for the handling and disposal of Excepted Waste and the cleaning of any portion of the Premises contaminated by Excepted Waste, at Tenant’s sole cost and expense. Tenant is prohibited from placing, disposing or discarding Excepted Waste with the ordinary trash of the Building. Title to and liability for any Excepted Waste shall, at all times, remain with Tenant, and Tenant agrees to indemnify and hold Landlord and Landlord’s mortgagee(s) harmless from any and all liability relating to or arising from the handling or disposal of Excepted Waste.

Cleaning; Water. Landlord shall provide cleaning, pest control, maintenance and landscaping to the common areas of the Building and Property (including snow removal to the extent necessary to maintain reasonable access to the Building) in accordance with standards generally prevailing throughout the term hereof in comparable office buildings in the City of Alachuagreater Clarksburg area; and furnish hot and cold running water for ordinary drinking, kitchen, lavatory and toilet facilities for use in connection with the Permitted Uses (as opposed to special laboratory or other uses in excess of general the Permitted Uses) and shall cause the Premises to be cleaned in accordance with the standards set forth in Exhibit E attached hereto. Tenant shall pay to Landlord upon invoice the actual costs incurred by Landlord for (x) extra cleaning work in the Premises required because of carelessness, indifference, misuse or neglect on the part of Tenant or its subtenants or its or their employees or visitors, and (y) removal from the Premises and the Building of any refuse and rubbish of Tenant in excess of that ordinarily accumulated in connection with the Permitted Use including, without limitation, kitchen refuse, or at times other than Landlord’s standard cleaning times. Notwithstanding the foregoing, Landlord shall not be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages or other special purposes if same require greater or more difficult cleaning work than office uses)areas, and Tenant agrees, at Tenant’s expense, to retain Landlord’s cleaning contractor to perform such extra cleaning, provided that the charges of such cleaning contractor shall be commercially reasonable. Notwithstanding the foregoing, Tenant shall be entitled to engage contractors, with the advance written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, to perform such cleaning tasks as Tenant determines including, without limitation, cleaning electrostatic discharge flooring and materials. Landlord, its cleaning contractor and their respective employees shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises as required hereunder. Notwithstanding the foregoing or any other provision of this Lease to the contrary, Tenant agrees that Landlord shall have no obligation to handle or dispose of any (a) radioactive, volatile, highly flammable, explosive or toxic materials, (b) any Hazardous Materials as defined in Section Subsection 6.2.8, (c) needles, syringes, lancets, similar sharp objects or contaminated glassware, (d) blood products, (e) body fluids, (f) human or animal tissue, discarded medical equipment and parts that were in contact with infectious agents, (g) any other waste defined as medical or infectious waste in applicable federal, state or local laws or regulations, (h) construction debris, or (id) any other waste which, because of its nature, requires special handling or disposal; any item identified in clauses “(a)” through “(id)”, above, hereinafter referred to as “Excepted Waste”. Tenant agrees that the handling and disposal of Excepted Waste, and the cleaning of any portion of the Premises contaminated by Excepted Waste, shall be the sole responsibility of Tenant and Tenant shall contract directly for the handling and disposal of Excepted Waste and the cleaning of any portion of the Premises contaminated by Excepted Waste, at Tenant’s sole cost and expense. Tenant is prohibited from placing, disposing or discarding Excepted Waste with the ordinary trash of the Building. Title to and liability for any Excepted Waste shall, at all times, remain with Tenant, and Tenant agrees to indemnify and hold Landlord and Landlord’s mortgagee(s) harmless from any and all liability relating to or arising from the handling or disposal of Excepted Waste. If Tenant uses water for any purpose other than ordinary drinking, lavatory and toilet purposes, Landlord may assess a reasonable charge for the additional water so used or install a water meter and thereby measure Tenant’s water consumption for all purposes. In the latter event, Tenant shall pay the cost of the meter and the cost of installation thereof and shall keep such meter and installation equipment in good working order and repair. Tenant agrees to pay {B2323618; 13} for water consumed, as shown on such meter, together with the sewer charge based on such meter charges, as and when bills are rendered, and if Tenant shall fail to make such payment, Landlord may pay such charges and collect the same from Tenant as Additional Rent.

Cleaning; Water. Landlord shall provide cleaning, maintenance and landscaping to the common areas of the Building and Property (including snow removal to the extent necessary to maintain reasonable access to the Building) Common Areas in accordance with standards generally prevailing throughout the term hereof in comparable office buildings in the City of Alachua; greater San Diego area and furnish water to the Premises for ordinary drinking, lavatory and toilet facilities (as opposed to special laboratory or other uses in excess of general office uses)the Permitted Use. Notwithstanding the foregoing or any other provision of this Lease anything contained herein to the contrary, Landlord in no event shall have no obligation Landlord’s cleaning or janitorial obligations relate to handle or dispose refer to any of any the following: (a) radioactiveAny waste that is generated in the diagnosis, volatiletreatment, highly flammableor immunization of human beings or animals, explosive in research pertaining thereto, or toxic materials, in the production or testing of biologicals, (b) any Hazardous Materials as defined Any waste, device, instrument or item that comes in Section 6.2.8contact with bodily fluids, including, but not limited to, bandages, swabs, gauze, sponges, wraps, pads, paper, plastic, sutures, needles, scalpels, blades, or syringes, (c) needlesAny medical device or paraphernalia that is utilized to treat any patient or other person for any medicinal, syringesmedical, lancets, similar sharp objects diagnostic or contaminated glassware, therapeutic reason or purpose, (d) blood productsAny material of any type or nature whatsoever that is radioactive to any degree, whether as the result of its manufacture, use or application or any device, instrument or item that emits radiation, (e) body fluidsAny waste that is considered a regulated medical waste, including, but not limited to, bio-hazardous waste or infectious waste, under any applicable laws, or (f) human Any device, instrument or animal tissueitem that has become infected, discarded medical equipment and parts that were in contact with infectious agentscontaminated, (g) any other waste defined as medical or infectious waste in applicable federal, state or local laws or regulations, (h) construction debrisdiseased, or otherwise exposed to harmful, contagious, or communicable organisms, bacteria, or other life form. Tenant and Landlord agree that the removal, disposal, or destruction of all items listed in the preceding paragraphs of this Subsection 5.1.2 (i) any other waste which, because of its nature, requires special handling or disposal; any item identified in clauses “(a)” through “(i)”, above, hereinafter referred to as “Excepted Waste”) shall be exclusively the responsibility of Tenant under all circumstances, and their disposal shall not become the obligation of Landlord for any reason. All such disposals of Excepted Waste shall comply with all applicable laws and shall be accomplished at times, in a manner and in a path prepared by Tenant and approved in writing and in advance by Landlord. Tenant agrees that Excepted Waste will be disposed of separately from the handling trash that is removed by Landlord. Tenant also agrees that Tenant will not mix or place Excepted Waste in regular trash containers. The parties further agree that Tenant shall be liable for Tenant’s or its agents, employees, guests, visitors, invitees or licensees (collectively, “Tenant Parties”) failure to timely, thoroughly and disposal completely dispose of Excepted Waste, and the cleaning manner in which handling or disposal of such Excepted Waste is accomplished, or due to exposure of any portion of the Premises contaminated by third party with such Excepted Waste, . Tenant shall be liable to and shall pay any injured party for all damages, costs or expenses, including attorney fees, arising out of any exposure, harm, injury, disease, contamination, or affliction suffered as the sole responsibility result of any Excepted Waste stored, generated, or disposed of by Tenant and or in the Premises. Tenant shall provide to Landlord any written plan of Excepted Waste management Tenant prepares, from which plan Tenant may redact any proprietary information before providing same to Landlord. Tenant shall contract directly for with a reputable medical waste disposal company that shall be reasonably approved by Landlord and shall maintain all records regarding the handling and disposal of Excepted Waste required by federal, state and the cleaning of any portion of the Premises contaminated by Excepted Waste, at Tenant’s sole cost local law or regulation and expense. Tenant is prohibited from placing, disposing or discarding Excepted Waste with the ordinary trash of the Building. Title to and liability make such records available for any Excepted Waste shall, at all times, remain with Tenant, and Tenant agrees to indemnify and hold Landlord and Landlord’s mortgagee(s) harmless from any and all liability relating to or arising from the handling or disposal of Excepted Wastereview upon request.

Cleaning; Water. Landlord shall provide cleaning, maintenance and landscaping to the common areas of the Building Premises (and Property (including snow removal to the extent necessary to maintain reasonable access to the BuildingBuilding and parking lots) in accordance with standards generally prevailing throughout the term hereof Comparable Premises, provide that janitorial services to the Building on weekdays that are not Building Holidays in comparable office buildings in the City of Alachuaaccordance with Exhibit G; and furnish water for ordinary drinking, lavatory and toilet facilities (as opposed to special laboratory or other uses in excess of general office uses). Tenant shall pay to Landlord upon invoice the actual costs incurred by Landlord for extra cleaning work required because of carelessness, indifference, misuse or neglect on the part of Tenant or its subtenants or its or their employees or visitors. Notwithstanding the foregoing or any other provision of this Lease foregoing, Landlord shall not provide cleaning to the contrarylaboratory areas, clean rooms or other secured areas within the Premises as designated by Tenant (all of which shall be cleaned by Tenant in accordance with Section 6.1.3) nor shall Landlord be required to clean any portions of the Premises used for preparation, serving or consumption of food or beverages except for customary office kitchenette areas (excluding utensils and appliances used for the preparation, serving or storage of food or beverages) or used for other special purposes if same require greater, specialized or more difficult cleaning work than office areas, and Tenant agrees, at Tenant’s expense, to retain Landlord’s cleaning contractor to perform such extra cleaning, provided that the charges of such cleaning contractor shall be commercially reasonable. In no event shall Landlord be obligated to remove any construction debris. Notwithstanding the foregoing, except as provided in Section 5.6, Tenant agrees that Landlord shall have no obligation to handle or dispose of any (a) radioactive, volatile, highly flammable, explosive or toxic materials, (b) any Hazardous Materials as defined in Section 6.2.8, (c) needles, syringes, lancets, similar sharp objects or contaminated glassware, (d) blood products, (e) body fluids, (f) human or animal tissue, discarded medical equipment and parts that were in contact with infectious agents, (g) any other waste defined as medical or infectious waste in applicable federal, state or local laws or regulations, (h) construction debris, or (i) any other waste which, because of its nature, requires special handling or disposal; any item identified in clauses “(a)” through “(i)”, above, hereinafter referred to as “Excepted Waste”. Tenant agrees that the handling and disposal of Excepted Waste, and the cleaning of any portion of the Premises that is in contact with or contaminated by Excepted Waste, shall be the sole responsibility of Tenant and Tenant shall contract directly for the handling and disposal of Excepted Waste and the cleaning of any portion of the Premises in contact with or contaminated by Excepted Waste, at Tenant’s sole cost and expense. Tenant is prohibited from placing, disposing or discarding Excepted Waste with the ordinary trash of the Building. Title to and liability for any Excepted Waste shall, at all times, remain with Tenant. Landlord, its cleaning contractor and Tenant agrees their respective employees shall have access to indemnify the Building after 6:00 p.m. and hold Landlord before 8:00 a.m. and Landlord’s mortgagee(s) harmless from any shall have the right to use, without charge therefor, all light, power and all liability relating water reasonably required to or arising from clean the handling or disposal of Excepted WastePremises as required hereunder.

Cleaning; Water. Landlord shall provide cleaning, maintenance and landscaping to the common areas of the Building and Property (including snow removal to the extent necessary to maintain reasonable access to the Building) in accordance with standards generally prevailing throughout the term hereof in comparable office buildings in the City of Alachua; and furnish water for ordinary drinking, lavatory and toilet facilities (as opposed to special laboratory or other uses in excess of general office uses)) and shall cause the Premises to be cleaned in accordance with standards of comparable office buildings in the City of Alachua. Landlord, its cleaning contractor and their respective employees shall have access to the Premises after 6:00 p.m. and before 8:00 a.m. and shall have the right to use, without charge therefor, all light, power and water in the Premises reasonably required to clean the Premises as required hereunder. Notwithstanding the foregoing or any other provision of this Lease to the contrary, Landlord shall have no obligation to handle or dispose of any (a) radioactive, volatile, highly flammable, explosive or toxic materials, (b) any Hazardous Materials as defined in Section 6.2.8, (c) needles, syringes, lancets, similar sharp objects or contaminated glassware, (d) blood products, (e) body fluids, (f) human or animal tissue, discarded medical equipment and parts that were in contact with infectious agents, (g) any other waste defined as medical or infectious waste in applicable federal, state or local laws or regulations, (h) construction debris, or (i) any other waste which, because of its nature, requires special handling or disposal; any item identified in clauses “(a)” through “(i)”, above, hereinafter referred to as “Excepted Waste”. Tenant agrees that the handling and disposal of Excepted Waste, and the cleaning of any portion of the Premises contaminated by Excepted Waste, shall be the sole responsibility of Tenant and Tenant shall contract directly for the handling and disposal of Excepted Waste and the cleaning of any portion of the Premises contaminated by Excepted Waste, at Tenant’s sole cost and expense. Tenant is prohibited from placing, disposing or discarding Excepted Waste with the ordinary trash of the Building. Title to and liability for any Excepted Waste shall, at all times, remain with Tenant, and Tenant agrees to indemnify and hold Landlord and Landlord’s mortgagee(s) harmless from any and all liability relating to or arising from the handling or disposal of Excepted Waste.