Common use of LEED Compliance Clause in Contracts

LEED Compliance. (a) Tenant acknowledges that at Landlord’s option, the Building or Project may be operated in accordance with the U.S. Green Building Council’s Leadership in Energy and Environmental Design program’s standards for existing buildings, as the same may be amended, supplemented, or replaced from time to time, or, at Landlord’s option, any similar standards (hereinafter referred to as “LEED”). (b) From and after the date Landlord notifies Tenant in writing that Landlord has elected to operate the Premises, Building, or Project in accordance with the LEED program, Tenant shall, in addition to compliance with all other Lease obligations, in Tenant’s reasonable discretion, comply with all LEED requirements applicable to the Premises, Building and/or Project as set forth by Landlord in such notice, and with any additional or supplemental requirements that may be provided by Landlord to Tenant from time to time (the “LEED Conditions”). Landlord shall have the right to modify or discontinue the LEED Conditions at any time upon notice to Tenant. (c) Tenant covenants, at no cost to Tenant, to cooperate with Landlord in seeking LEED certification if Landlord so elects; provided, Landlord does not guarantee or represent to Tenant that certification will be sought or that the Premises, Building or Project will be certified to any particular LEED standard. If LEED certification is obtained, Tenant shall not seek decertification or otherwise interfere with the continuance of such certification. (d) Notwithstanding anything to the contrary in this Section 5.06, Tenant shall not be obligated to comply with any LEED Conditions that (i) would require Tenant to incur out-of-pocket expenditures or that would increase the cost of Tenant’s operation of its business (in each case other than by a de minimus amount), or (ii) have a material adverse effect on Tenant’s use and enjoyment of the Premises or the services and utilities that would otherwise be available to the Premises.

LEED Compliance. Tenant acknowledges that the incorporation of environmentally responsible building methods and systems into the Building is an important goal of Landlord and Tenant and is thus a material obligation of Tenant. Consequently, Tenant and Landlord hereby agree as follows with respect thereto: (a) Tenant acknowledges that at Landlord’s option, the Building or Project may shall be operated constructed in accordance a manner consistent with the U.S. achievement of a “Gold” rating (a minimum of 39 points) on the LEED-NC version 2.1 rating system of the United States Green Building Council’s Leadership in Energy and Environmental Design program’s standards for existing buildings, as published in November 2002 (the same may be amended, supplemented, or replaced from time to time, or, at Landlord’s option, any similar standards (hereinafter referred to as carrying out of construction activities in a manner consistent with such a rating herein termed “LEEDLEED Compliance”). (b) From [INTENTIONALLY OMITTED] (c) Within thirty (30) days after Landlord’s written request from time to time (but not more often than semi-annually), Tenant shall deliver to Landlord a progress report from the Environmental Consultant in form approved by Landlord (which approval shall not be unreasonably withheld), which shall describe in reasonable detail what measures Tenant is taking in order to achieve LEED Compliance. (d) On a monthly basis prior to the Substantial Completion of the Building, and after the date first anniversary of said date, upon Landlord’s request from time to time, Tenant shall make itself and the Environmental Consultant and, prior to Substantial Completion, the Design Architect and/or the Architect of Record and the Approved C/CM available to meet or otherwise confer with Landlord notifies to discuss Tenant’s LEED Compliance or any construction relating thereto. If Tenant uses reasonable efforts to cause the Design Architect and/or the Architect of Record, the Environmental Consultant and the Approved C/CM to attend the meetings referred to in writing that Landlord has elected this Section 11.14(d) (such reasonable efforts to operate include without limitation, keeping effective retention agreements in place with such parties) and one or more of said parties does not attend or refuses to attend for any reason other than Tenant’s willful default under any agreement between Tenant and the non-attending party in connection with the Premises, Buildingthen the failure of any one or more of said parties to attend any said meeting shall not constitute a Default under this Lease. (e) Tenant agrees that: (i) within a reasonable period after Landlord’s request therefor, or Project it will provide Landlord with any and all information relating to the components of the Building designed to achieve LEED Compliance (“Green Building Systems”) (as distinct from the general construction methods and procedures, and general real estate management, operation and maintenance systems and protocols that Tenant employs in accordance connection with the LEED programBuilding), excluding however, information pertaining to construction costs and associated professional fees (and it is agreed that Tenant shallshall not be required to disclose to Landlord, in addition and Landlord shall not be permitted to compliance with all other Lease obligationsdisclose to others, any such cost information) provided that Tenant shall not be required to disclose pursuant to the above terms of this clause (i) any information that, in Tenant’s reasonable discretionjudgment, comply with all LEED requirements applicable to would adversely affect the security of the Premises, assuming (for purposes of determining the reasonableness of such judgment) that such information would be publicly available either by, or as a result of its delivery to, Landlord; (ii) any information provided by Tenant or otherwise relating to the Green Building Systems (but not information pertaining to construction costs or associated professional fees or the general construction methods and procedures, and general real estate management, operation and maintenance systems and protocols that Tenant employs in connection with the Building) may be used and/or Project as set forth disseminated by Landlord in such noticeconnection with promotional or educational materials, in connection with the development of present and with future building sites and in any additional or supplemental requirements that may be provided by Landlord other manner reasonably intended to Tenant from time to time (the “LEED Conditions”). Landlord shall have the right to modify or discontinue the LEED Conditions at any time upon notice to Tenant.provide information concerning environmentally responsible and sustainable construction practices; and (ciii) at Landlord’s request, made at least thirty (30) days prior to the date that Tenant’s cooperation is required, Tenant covenants, at no cost to Tenant, to will cooperate with Landlord in seeking LEED certification if Landlord so elects; providedany manner that is not unduly burdensome to Tenant, Landlord does not guarantee in any demonstrations, promotional and/or educational materials, presentations or represent to Tenant that certification will be sought similar materials or that the Premises, Building or Project will be certified to any particular LEED standard. If LEED certification is obtained, Tenant shall not seek decertification or otherwise interfere with the continuance of such certification. (d) Notwithstanding anything events relating to the contrary in this Section 5.06, Green Building Systems; provided that Tenant shall not be obligated required to comply with attend any LEED Conditions that (i) would require Tenant to incur out-of-pocket expenditures such demonstrations, presentations or that would increase the cost of Tenant’s operation of its business (in each case other than by a de minimus amount), or (ii) have a material adverse effect on Tenant’s use and enjoyment of the Premises or the services and utilities that would otherwise be available to the Premisesevents.