Common use of Decommissioning of the Premises Clause in Contracts

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty (60) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or serving the Premises, and all exhaust or other ductwork in and/or serving the Premises, in each case which has carried or released or been exposed to any Hazardous Substances (as defined in Section 9.04 hereof), and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty (60) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s inspection of the Premises and shall show: (a) that the Hazardous Substances described in the first sentence of the immediately preceding paragraph, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances and without giving notice in connection with such Hazardous Substances; and (c) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Substances.

Appears in 6 contracts

Samples: Lease Agreement (Vertex Pharmaceuticals Inc / Ma), Lease Agreement (Vertex Pharmaceuticals Inc / Ma), Lease Agreement (Senior Housing Properties Trust)

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Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines lines, tanks, and plumbing in and/or or serving the Premises, and all exhaust or other ductwork in and/or or serving the Premises, in each case which that has carried or carried, released or otherwise been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Materials, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for and provide to Landlord a report addressed to Landlord (and, at Tenantand Landlord’s election, Tenant) designees prepared by a reputable licensed environmental engineer or certified industrial hygienist that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineersuch person’s inspection of the Premises (including visual inspection, airborne and surface monitoring, and, if Tenant or any Tenant Party at any time stored or used any radioactive materials in the Premises, Xxxxxx counter evaluation), and shall show: (ai) that the Hazardous Substances described in Materials brought onto the first sentence of Premises by or for the immediately preceding paragraph, to the extentuse by Tenant or any Tenant Party, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines lines, tanks, and plumbing, and all such exhaust or other ductwork in and/or serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Hazardous Materials, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances Materials, and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous SubstancesMaterials; (ii) if Tenant or any Tenant Party at any time stored or used any radioactive materials in the Premises, that the Premises (and all piping, supply lines, waste lines, tanks, and plumbing, and all exhaust or other ductwork in and/or serving the Premises), have been decommissioned in accordance with the regulations of the U.S. Nuclear Regulatory Commission and/or the Massachusetts Department of Public Health for the control of radiation, and have accordingly been released for unrestricted use by the Radiation Control Program of the Massachusetts Department of Public Health for the control of radiation; and (ciii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for Hazardous Materials, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Substances Materials, and without incurring regulatory requirements or giving notice in connection with Hazardous SubstancesMaterials.

Appears in 3 contracts

Samples: Lease Agreement (SQZ Biotechnologies Co), Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines lines, tanks, and plumbing in and/or or serving the Premises, and all exhaust or other ductwork in and/or or serving the Premises, in each case which that has carried or carried, released or otherwise been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Materials, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for and provide to Landlord a report addressed to Landlord (and, at Tenantand Landlord’s election, Tenant) designees prepared by a reputable licensed environmental engineer or certified industrial hygienist that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineersuch person’s inspection of the Premises (including visual inspection, airborne and surface monitoring, and, if Tenant or any Tenant Party at any time stored or used any radioactive materials in the Premises, Xxxxxx counter evaluation), and shall show: (ai) that the Hazardous Substances described in Materials brought onto the first sentence of Premises by or for the immediately preceding paragraph, to the extentuse by Tenant or any Tenant Party, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines lines, tanks, and plumbing, and all such exhaust or other ductwork in and/or serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Hazardous Materials, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances Materials, and without incurring regulatory compliance requirements or giving notice pursuant to Environmental Laws; (ii) if Tenant or any Tenant Party at any time stored or used any radioactive materials in connection the Premises, that the Premises (and all piping, supply lines, waste lines, tanks, and plumbing, and all exhaust or other ductwork in and/or serving the Premises), have been decommissioned in accordance with such Hazardous Substancesthe regulations of the U.S. Nuclear Regulatory Commission and/or the Massachusetts Department of Public Health for the control of radiation, and have accordingly been released for unrestricted use by the Radiation Control Program of the Massachusetts Department of Public Health for the control of radiation; and (ciii) (that the Premises may be reoccupied for office or laboratory laboratory/research and development use, as applicable, demolished or renovated without taking any special precautions for Hazardous Materials, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Substances Materials, and without incurring regulatory requirements or giving notice in connection with Hazardous Substancespursuant to Environmental Laws.

Appears in 2 contracts

Samples: Lease Agreement (Vigil Neuroscience, Inc.), Lease Agreement (Vigil Neuroscience, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or exclusively serving the Premises, and all exhaust or other ductwork in and/or exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Environmental Substances, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord and Landlord’s designees (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s inspection of the Premises and shall show: (a) : that the Hazardous Substances described in the first sentence of the immediately preceding paragraphEnvironmental Substances, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in and/or exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without incurring taking any special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances and without giving notice in connection with such Hazardous Substances; and (c) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Substances.precautions for

Appears in 2 contracts

Samples: Lease Agreement (Xenetic Biosciences, Inc.), Lease Agreement (Xenetic Biosciences, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or exclusively serving the Premises, and all exhaust or other ductwork in and/or exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Environmental Substances, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord and Landlord’s designees (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer or industrial hygienist that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s or industrial hygienist’s inspection of the Premises and shall show: (a) : that the Hazardous Substances described in the first sentence of the immediately preceding paragraphEnvironmental Substances, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in and/or exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Environmental Substances; and (c) and that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Environmental Substances.

Appears in 2 contracts

Samples: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or exclusively serving the Premises, and all exhaust or other ductwork in and/or exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Environmental Substances (as defined in Section 9.04 hereof)a result of the activities of Tenant or Tenant’s Agents, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 10.08 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord and Landlord’s designees (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in approved by Landlord’s reasonable discretion, which approval shall not be unreasonably withheld, conditioned or delayed, which report shall be based on the environmental engineer’s inspection of the Premises and shall show: : that (ai) that the Hazardous Environmental Substances described in associated with the first sentence activities of the immediately preceding paragraphTenant or Tenant’s Agents, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in and/or exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for such Environmental Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Environmental Substances; and and (cii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for such Environmental Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous such Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous such Environmental Substances. For purposes of this Section: “special costs” or “special procedures” shall mean costs or procedures, as the case may be, that would not be incurred but for the nature of the Environmental Substances associated with the activities of Tenant or Tenant’s Agents as Environmental Substances instead of non-hazardous materials. The report shall include reasonable detail concerning the clean-up location, the tests run and the analytic results. If Tenant fails to perform its obligations under this Section, without limiting any other right or remedy, Landlord may, on five (5) business days’ prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall promptly reimburse Landlord upon demand for all costs and expenses reasonably incurred. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Concert Pharmaceuticals, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or exclusively serving the Premises, and all exhaust or other ductwork in and/or exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Environmental Substances, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord and Landlord’s designees (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s inspection of the Premises and shall show: (a) : that the Hazardous Substances described in the first sentence of the immediately preceding paragraphEnvironmental Substances, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in and/or exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Environmental Substances; and (c) and that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Environmental Substances. Further, for purposes of this Section: “special costs” or “special procedures” shall mean costs or procedures, as the case may be, that would not be incurred but for the nature of the Environmental Substances as Environmental Substances instead of non-hazardous materials. The report shall include reasonable detail concerning the clean-up location, the tests run and the analytic results. If Tenant fails to perform its obligations under this Section, without limiting any other right or remedy, Landlord may, on ten (10) business days’ prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall promptly reimburse Landlord upon demand for all costs and expenses reasonably incurred together with an Administrative Charge, as defined in Section 14.02(f). Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cyteir Therapeutics, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or exclusively serving the Premises, and all exhaust or other ductwork in and/or exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Environmental Substances (as defined in Section 9.04 hereof)a result of the activities of Tenant or Tenant’s Agents, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord and Landlord’s designees (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s inspection of the Premises and shall show: show that: (ai) that the Hazardous Environmental Substances described in associated with the first sentence activities of the immediately preceding paragraphTenant and Tenant’s Agents, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary [so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in and/or exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for such Environmental Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Environmental Substances; and and (cii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for such Environmental Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous such Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous such Environmental Substances. Further, for purposes of this Section: “special costs” or “special procedures” shall mean costs or procedures, as the case may be, that would not be incurred but for the nature of the Environmental Substances associated with the activities of Tenant or Tenant’s Agents as Environmental Substances instead of non-hazardous materials. The report shall include reasonable detail concerning the clean-up location, the tests run and the analytic results. If Tenant fails to perform its obligations under this Section, without limiting any other right or remedy, Landlord may, on five (5) business days’ prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall promptly reimburse Landlord within thirty (30) days of demand for all costs and expenses reasonably incurred together with an Administrative Charge, as defined in Section 14.02(f). Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Synageva Biopharma Corp)

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Decommissioning of the Premises. Prior to the expiration of this Lease the Term (or within sixty thirty (6030) days after any earlier terminationtermination of this Lease), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines lines, tanks, and plumbing in and/or or serving the Premises, and all exhaust or other ductwork in and/or or serving the Premises, in each case which that has carried or carried, released or otherwise been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Materials, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease the Term (or within sixty thirty (6030) days after any earlier terminationtermination of this Lease), Tenant, at Tenant’s expense, shall obtain for and provide to Landlord a report addressed to Landlord (and, at Tenantand Landlord’s election, Tenant) designees prepared by a reputable licensed environmental engineer consultant or certified industrial hygienist that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineersuch person’s inspection of the Premises (including visual inspection, airborne and surface monitoring, and, if Tenant or any Tenant Party at any time stored or used any radioactive materials in the Premises, Xxxxxx counter evaluation), and shall show: (ai) that the Hazardous Substances described in Materials brought onto the first sentence of Premises by or for the immediately preceding paragraph, to the extentuse by Tenant or any Tenant Party, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines lines, tanks, and plumbing, and all such exhaust or other ductwork in and/or serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Hazardous Materials, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances Materials, and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous SubstancesMaterials; (ii) if Tenant or any Tenant Party at any time stored or used any radioactive materials in the Premises, that the Premises (and all piping, supply lines, waste lines, tanks, and plumbing, and all exhaust or other ductwork in and/or serving the Premises), have been decommissioned in accordance with the regulations of the U.S. Nuclear Regulatory Commission and/or the Massachusetts Department of Public Health for the control of radiation, and have accordingly been released for unrestricted use by the Radiation Control Program of the Massachusetts Department of Public Health for the control of radiation; and (ciii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for Hazardous Materials, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Substances Materials, and without incurring regulatory requirements or giving notice in connection with Hazardous SubstancesMaterials.

Appears in 1 contract

Samples: Lease Agreement (Kala Pharmaceuticals, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or exclusively serving the Premises, and all exhaust or other ductwork in and/or exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Substances (as defined in Section 9.04 hereof)Environmental Substances, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s 's expense, shall obtain for Landlord a report addressed to Landlord (and, at Tenant’s 's election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s 's reasonable discretion, which report shall be based on the environmental engineer’s 's inspection of the Premises and shall show: (ai) that the Hazardous Substances described in the first sentence of the immediately preceding paragraphEnvironmental Substances, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in and/or exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Environmental Substances; and (cii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Environmental Substances.

Appears in 1 contract

Samples: Lease Agreement (Metabolix, Inc.)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty (60) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or serving the Premises, and all exhaust or other ductwork in and/or serving the Premises, in each case which has carried or released or been exposed to any Hazardous Substances (as defined in Section 9.04 hereof), and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty (60) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretiondiscretion (which shall not be unreasonably delayed; the aforementioned sixty- (60-) day period shall be extended one (1) day for each day Landlord delays its approval beyond five (5) Business Days), which report shall be based on the environmental engineer’s inspection of the Premises and shall show: (ai) that the Hazardous Substances described in the first sentence of the immediately preceding paragraphSubstances, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), process piping, process supply lines, process waste lines and process plumbing, and all such exhaust or other ductwork in the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Hazardous Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Substances; and (cii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for existing Hazardous Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Substances.

Appears in 1 contract

Samples: Lease Agreement (Ironwood Pharmaceuticals Inc)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant shall clean and otherwise decommission (including cleaning, to the extent necessary) all interior surfaces (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing in and/or to the extent exclusively serving the Premises, and all exhaust or other ductwork in and/or to the extent exclusively serving the Premises, in each case which has carried or released or been exposed to any Hazardous Environmental Substances (as defined in Section 9.04 hereof)during the Term of the Lease or during any period of Tenant’s prior occupancy of the Premises, and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. issued except as otherwise set forth on Exhibit F. Prior to the expiration of this Lease (or within sixty thirty (6030) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretion, which report shall be based on the environmental engineer’s inspection of the Premises and shall show: (ai) that the Hazardous Environmental Substances described in (to the first sentence extent arising from Tenant’s use or occupancy of the immediately preceding paragraph, Premises during the Term of the Lease or during Tenant’s occupancy of the Premises prior to the extent, if any, existing prior to such decommissioning, commencement of the Term) have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), piping, supply lines, waste lines and plumbing, and all such exhaust or other ductwork in to the extent exclusively serving the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without incurring taking any special costs or undertaking special procedures precautions for demolitionEnvironmental Substances, disposal, investigation, assessment, cleaning or removal of such Hazardous Substances and without giving notice in connection with such Hazardous Substances; and (c) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with Environmental Substances except as otherwise set forth on Exhibit F; and (ii) that the Premises may be reoccupied for office or laboratory use (and that the portions of the Premises subject to decommissioning activity pursuant to this Section 10.07 may be used) without taking any special precautions for Environmental Substances (to the extent arising from Tenant’s use or occupancy of the Premises during the Term of the Lease or during Tenant’s occupancy of the Premises prior to the commencement of the Term), without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous SubstancesEnvironmental Substances except as otherwise set forth on Exhibit F. Further, for purposes of clauses (i) and (ii): “special costs” or “special procedures” shall mean material costs or procedures, as the case may be, that would not be incurred but for the nature of the Environmental Substances (other than Environmental Substances that would typically be found upon the surrender of premises in an office building that is similar in age, condition, and type of construction to the Building) as Environmental Substances instead of non-hazardous materials. The report shall include reasonable detail concerning the clean-up location, the tests run and the analytic results. If Tenant fails to perform its obligations under this Section, without limiting any other right or remedy, Landlord may, on five (5) business days’ prior written notice to Tenant perform such obligations at Tenant’s expense, and Tenant shall promptly reimburse Landlord upon demand for all costs and expenses reasonably incurred together with an Administrative Charge, as defined in Section 14.02(f). Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Alexion Pharmaceuticals Inc)

Decommissioning of the Premises. Prior to the expiration of this Lease (or within sixty (60) days after any earlier termination), Tenant shall clean and otherwise decommission all interior surfaces (including floors, walls, ceilings, and counters), process piping, process supply lines, process waste lines and process plumbing in and/or serving the Premises, and all exhaust or other ductwork in and/or serving the Premises, in each case which has carried or released or been exposed to any Hazardous Environmental Substances (as defined in Section 9.04 hereof), and shall otherwise clean the Premises so as to permit the report hereinafter called for by this Section 10.07 to be issued. Prior to the expiration of this Lease (or within sixty (60) days after any earlier termination), Tenant, at Tenant’s expense, shall obtain for Landlord a report addressed to Landlord (and, at Tenant’s election, Tenant) by a reputable licensed environmental engineer that is designated by Tenant and acceptable to Landlord in Landlord’s reasonable discretiondiscretion (which shall not be unreasonably delayed; the aforementioned sixty-(60)-day period shall be extended one (1) day for each day Landlord delays its approval beyond five (5) Business Days), which report shall be based on the environmental engineer’s inspection of the Premises and shall show: (ai) that the Hazardous Substances described in the first sentence of the immediately preceding paragraphEnvironmental Substances, to the extent, if any, existing prior to such decommissioning, have been removed in accordance with applicable Environmental Laws; and (b) as necessary so that Hazardous Substances described in the first sentence of this Section 10.07, if any, have been removed in accordance with applicable Environmental Laws from the interior surfaces of the Premises (including floors, walls, ceilings, and counters), process piping, process supply lines, process waste lines and process plumbing, and all such exhaust or other ductwork in the Premises, may be reused by a subsequent tenant or disposed of in compliance with applicable Environmental Laws (as defined in Section 9.04 hereof) without taking any special precautions for Environmental Substances, without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of such Hazardous Environmental Substances and without incurring regulatory compliance requirements or giving notice in connection with such Hazardous Environmental Substances; and (cii) that the Premises may be reoccupied for office or laboratory use, as applicable, demolished or renovated without taking any special precautions for existing Environmental Substances, without incurring special costs or undertaking special procedures for disposal, investigation, assessment, cleaning or removal of Hazardous Environmental Substances and without incurring regulatory requirements or giving notice in connection with Hazardous Environmental Substances.

Appears in 1 contract

Samples: Lease Agreement (Ironwood Pharmaceuticals Inc)

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