Common use of LEED Certification Clause in Contracts

LEED Certification. Tenant agrees to cooperate with Landlord and to comply with reasonable measures implemented by Landlord with respect to the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate for the base, shell and core of the Building. Any reasonable measure implemented in accordance with the foregoing will be at minimal or no cost to Tenant, will be performed so as to minimize any interference with Tenant’s use and enjoyment of the Premises, and will not require Tenant to make any substantial changes to its business operations for the Permitted Use in the Premises nor materially increase the cost of such business operations. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not be precluded from undertaking any retrofits, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Allowance, to pursue a LEED certification of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34

LEED Certification. Tenant agrees to cooperate with Landlord and to comply with reasonable measures implemented by Landlord with respect to the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate for the baseBuildings and/or the Project, shell and core of the Buildingincluding any measures implemented by Landlord in connection with any Solar Roof Systems installed by Landlord. Any reasonable measure measures implemented in accordance with the foregoing will be at minimal or no cost to TenantTenant (except to the extent provided in the Tenant Work Letter with respect to the Utility Savings Upgrades), will be performed so as to minimize any interference with Tenant’s use and enjoyment of the Premises, and will not require Tenant to make any substantial changes to its business operations for the Permitted Use in the Premises nor materially increase the cost of such business operations. Notwithstanding anything to the contrary contained in this paragraph, Landlord shall not be precluded from undertaking any retrofits, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Tenant Improvement Allowance, to pursue a LEED certification of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34.

LEED Certification. Tenant agrees Construction Manager acknowledges that Owner may apply for LEED certification for the Project. Construction Manager shall have on staff a LEED Accredited Professional (“LEED AP”) who has experience in constructing LEED certified projects and shall, as requested by Owner, administer the LEED certification process using its best efforts to cooperate with Landlord Architect and assist the Owner to comply with reasonable measures implemented by Landlord with respect to achieve the Building and/or the Project in connection with Landlord’s efforts to obtain a Leadership in Energy and Environmental Design (LEED) certificate desired LEED certification for the base, shell and core Project. The LEED AP must be an integral part of the Buildingconstruction management team for the Project. Any reasonable measure implemented In lieu of a LEED AP on staff, Construction Manager may employ a LEED AP with a minimum experience in completing two (2) LEED certified projects to satisfy the requirements of this section. Notwithstanding the foregoing, the LEED certification process is administered by an independent third party, the Green Building Certification Institute, and the parties hereto acknowledge that the outcome of the LEED certification process is uncertain, is not controlled by Construction Manager, and is not guaranteed by Construction Manager. Construction Manager represents that it is familiar with the requirements for LEED certification and with the Contract Documents. Construction Manager shall perform the Work in accordance with the foregoing will be at minimal or no cost LEED checklist to Tenant, will be performed so as to minimize any interference the extent that such checklist and criteria therein are consistent with Tenant’s use and enjoyment the requirements of the PremisesContract Documents, including but not limited to LEED criteria which relate to procurement of materials, on-site installation practices and will not require Tenant to make any substantial changes to its business operations construction waste management. To the extent that Construction Manager is aware of, or becomes aware of a conflict between the Contract Documents and the requirements for the Permitted Use in applicable LEED certification, Construction Manager shall immediately advise Owner and Architect of the Premises nor materially increase conflict. Construction Manager shall also collect from its material suppliers, subcontractors and other third parties performing Work on or for the cost of such business operationsProject, all documentation necessary to support the LEED certification level set by Owner for the Project. Notwithstanding anything Except with respect to Construction Manager's affirmative obligation to report discrepancies between the contrary contained in this paragraphLEED criteria and the Contract Documents as required above, Landlord Owner acknowledges that Construction Manager shall not be precluded from undertaking responsible for design elements in the Contract Documents that conflict with LEED criteria, except to the extent that Construction Manager also serves as design-builder with respect to any retrofitsportion of the Project. All costs incurred by Construction Manager in complying with the LEED checklist, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or the Building as part of Operating Expenses in the ordinary course of maintenance or repairs (including, without limitation, capital repairs and replacements) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard in connection with the performance by Landlord of its obligations under this Lease so long as the cost of such retaining a LEED items consultant, shall be part of the Cost of the Work as that term is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term defined in Section 6.1 of this Lease. Tenant shall have the right, at Tenant’s sole cost and expense or utilizing the TI Allowance, to pursue a LEED certification of the Tenant Improvements, and Landlord will cooperate, at minimal or no cost to Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34Agreement.

LEED Certification. Tenant agrees to cooperate (a) The Building shall be operated in accordance with Landlord and to comply with reasonable measures implemented by Landlord with respect to the U.S. Green Building and/or the Project in connection with LandlordCouncil’s efforts to obtain a Leadership in Energy and Environmental Design program’s standards, as amended, supplemented or replaced from time to time and any similar standards with which Landlord may cause the Building to comply at a minimum to a LEED Silver and Energy Star standard (hereinafter collectively referred to as “LEED) certificate for the base”), shell and core of including to satisfy proffered obligations. Tenant shall comply with the Building. Any reasonable measure implemented ’s LEED requirements as set forth in accordance Exhibit J attached to the Lease, as they may be reasonably supplemented or amended by Landlord by written notice to Tenant from time to time (“LEED Conditions”). (b) If Tenant fails to observe, perform or otherwise comply with the foregoing will be at minimal or no cost LEED Conditions for thirty (30) days after written notice (unless a shorter period is necessary in order for Landlord to Tenantcomply with the LEED Conditions), will be performed so as then, subject to minimize any interference with Tenant’s use and enjoyment the terms of the Premisesthis Lease, and will not require Tenant to make any substantial changes to its business operations for the Permitted Use in Landlord may enter the Premises nor materially increase the cost of to perform such business operations. Notwithstanding anything act or replace such materials as may be reasonably necessary to the contrary contained in this paragraph, Landlord shall not be precluded from undertaking any retrofits, repairs or replacements (including, without limitation, capital repairs and replacements) to the Premises or keep the Building in compliance with the LEED Conditions. Tenant shall pay Landlord, as part of Operating Expenses in the ordinary course of maintenance or repairs Additional Rent, all costs (including, without limitation, capital repairs and replacementsincluding reasonable attorneys’ fees) to the Premises or the Building, which retrofits, repairs or replacements include LEED components or satisfy LEED rating systems or any similar standard incurred by Landlord in connection with the performance any action taken by Landlord to enforce the LEED Conditions, within thirty (30) days of its obligations under this Lease so long as the cost of such LEED items is reasonably comparable to the cost of non-LEED components, taking into account any reasonably anticipated savings resulting from LEED components over the remaining Term of this LeaseLandlord’s demand therefor. Tenant shall have the rightpay any penalties, at fines or other enforcement obligations imposed by any federal, state or local governmental agency against Tenant solely for Tenant’s sole cost and expense failure to comply with the LEED Conditions on or utilizing prior to the TI Allowancedate such payment is due. If Landlord pays any such amounts on behalf of Tenant, or if any penalties, fines or other enforcement obligations are imposed against Landlord solely as a result of Tenant’s failure to pursue a comply with the LEED certification Conditions, then Tenant shall pay Landlord, as Additional Rent, the full amount of the Tenant Improvementsfine, and Landlord will cooperatepenalty or other enforcement obligation, at minimal or no cost to within thirty (30) days after Landlord, with Tenant’s efforts to pursue such certification. Net Multi-Tenant Laboratory 00000 X. Xxxxxx Pines/Ligand - Page 34demand therefor.