Common use of Mold Clause in Contracts

Mold. (i) Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant will, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices. (ii) Tenant, at its sole cost and expense, shall: (1) Regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises. (iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises. (iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.

Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant willshall, at its sole cost cos; and expense expense, keep and maintain the Premises in good order and condition in accordance with the Mold Prevention PracticesPractices and acknowledges that the control of moisture and prevention of mold within the Premises are integral to its obligations under the Lease. (ii) Tenant, at its sole cost and expense, shall: shall (1a) Regularly regularly monitor the Premises for the presence of mold and any conditions that reasonably can be expected to give rise to or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks leaks, or any other water collection or penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and and (2b) Promptly immediately notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at are present in, at, or about the Premises. (iii) In the event of suspected mold or Mold Conditions at in, at, or about the PremisesPremises and surroundings areas, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at in, at, or about the Premises. (iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or and damage to property and hereby property, waives any and all claims against Landlord Landlord, and assumes all risk of personal injury and property damage related to or allegedly caused by or associated with any mold and or Mold Conditions Conditions, arising after the Commencement Date, in or on the Premises, except to Premises unless the extent such mold or Mold Conditions were caused by Landlordarise from the conduct of another tenant or from areas outside of the Premises. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.

Mold. (i) Because mold spores are present essentially everywhere and mold can grow in almost any moist location. Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant willWithout limiting its obligations. Tenant, at its sole cost and expense expense, shall keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices. Practices and acknowledges that the control of moisture, and prevention of mold within the Premises, are integral to its obligations under this Lease, Without limiting the foregoing, Tenant shall promptly notify Landlord if it observes, suspects, has reason to believe that any Mold Conditions (iias defined below) Tenantexist at the Premises, or if Tenant receives any notice from a governmental agency of complaints regarding the indoor air quality at the Premises. Notwithstanding anything to the contrary in this Lease, Tenant shall not be responsible for, and upon request. Landlord at its sole cost cost, shall take all actions necessary to investigate, identify, and expenseremediate any mold to the extent that such remediation is necessitated by any condition arising from Landlord’s failure to perform any repair, shall: (1) Regularly monitor replacement or improvement which is Landlord’s obligation to perform under the Premises for provisions of this Lease. As used herein, “Mold Conditions” mean, collectively, the presence of mold and or any other conditions at the Premises that reasonably can could be expected to give rise cause or be attributed to result from mold or fungus includingfungus, but not limited to, including observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises. (iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises. (iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.

Mold. (i) It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of adopting and enforcing good housekeeping practicescommercially reasonable housekeeping, ventilation and vigilant moisture control within the Premises (particularly especially in kitchen areaskitchens, janitorial janitor’s closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in rooms and around outside walls, and in and around HVAC systems and associated drains) for mold prevention. Without limiting the prevention generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the property manager for the Industrial Center (such measures, the “Mold Prevention PracticesProperty Manager”). Tenant will, at ) promptly and conduct its sole cost and expense keep and required activities in a commercially reasonable manner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-up air into the HVAC system; (C) maintain the Premises in good order at a consistent temperature and condition humidity level in accordance with the Mold Prevention Practices. Property Manager’s instructions; (iiD) Tenantregularly conduct janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent or correct moist conditions using commercially reasonable measures; and (E) maintain water in all drain taps at its sole cost and expenseall times. In signing that certain First Amendment to Lease, shall: (1) Regularly monitor Tenant acknowledges that it is currently in occupancy of the Premises for and certifies that, to the presence best of mold and any Tenant’s knowledge, Tenant has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or externalincluding leaks), mold growthand allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents and/or contractors, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (2) Promptly notify Landlord in writing if it observes, suspects, has reason to believe mold or Mold Conditions at the Premises. (iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises. (iv) Tenant hereby releases and relieves Landlord from any and all liability for any bodily injury or damage damages to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any moisture or the growth of or occurrence of mold and Mold Conditions in or mildew on the Premises. In addition, except execution of the First Amendment to the extent such Mold Conditions were caused Lease constitutes acknowledgement by LandlordTenant that commercially reasonable control of moisture and mold prevention are integral to its Lease obligations. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.

Mold. (i) Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Tenant will, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices. (ii) Tenant, at its sole cost and expense, shall: (1) Regularly shall regularly monitor the Premises for the presence of mold and or for any conditions that reasonably can be expected to give rise or be attributed to mold or fungus (the "Mold Conditions"), including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments ailment or eye irritation by Tenant’s 's employees or any other occupants of in the Premises, or any notice from a governmental agency Governmental Agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (2) Promptly Premises, and promptly notify Landlord in writing if it observes, suspects, has reason to believe suspects mold or Mold Conditions at the Premises. (iii) . In the event of suspected mold or Mold Conditions at the Premises, Landlord may Tenant, at its sole cost and expense, shall promptly cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises. , and shall notify Landlord, in writing, at least 10 days prior to the inspection, of the date on which the inspection shall occur, and which portion of the Premises shall be subject to the inspection, and retain an industrial hygienist certified by the American Board of Industrial Hygienists (iv"CIH") or an otherwise qualified mold consultant (generally, "Mold Inspector") to conduct the inspection. In the event the inspection, determines that mold or Mold Conditions are present at the Premises, then Tenant, at its sole cost and expense, shall promptly (a) hire trained and experienced mold remediation contractors to prepare a remediation plan and to remediate the mold or Mold Conditions at the Premises, and (b) send Landlord notice, in writing, with a copy of the remediation plan, at least 30-days prior to the mold remediation, stating all of the following: (1) the date on which the mold remediation shall start, (2) which portion of the Premises shall be subject to the remediation, (3) the name, address, and telephone number of the certified mold remediation contractors performing the remediation, (4) the remediation procedures and standards to be used at the Premises, (5) the clearance criteria to be employed at the conclusion of the remediation, and (6) the date the remediation will conclude. Further, Tenant hereby releases shall notify, in accordance with any applicable state or local health or safety requirements, its employees as well as occupants and relieves visitors of the Premises of the nature, location, and schedule for the planned mold remediation and ensure that the mold remediation is conducted in accordance with the relevant provisions of the document Mold Remediation in Schools and Commercial Buildings (EPA 402-K-01-001, March 2001) ("EPA Guidelines"), published by the U.S. Environmental Protection Agency, as may be amended or revised from time to time, or any other applicable, legally binding federal, state, or local laws, regulatory standards or guidelines. Tenant shall also provide Landlord from with a draft of the mold remediation report and give Landlord a reasonable opportunity to review and comment thereon, and when such report is finalized, promptly provide Landlord with a copy of the final remediation report. Tenant acknowledges and agrees that Landlord shall have a reasonable opportunity to inspect the remediated portion of the Premises after the conclusion of the mold remediation. If the results of Landlord's inspection indicate that the remediation does not comply with the final remediation report or any other applicable federal, state, or local laws, regulatory standards or guidelines, including, without limitation, the EPA Guidelines, then Tenant, at its sole cost and expense, shall immediately take all liability for bodily injury or damage further actions necessary to property ensure such compliance. It is expressly agreed and hereby waives understood that Tenant's obligation to indemnify Landlord under (b) of this SECTION 9.3 shall include any and all claims against Landlord related to or allegedly caused by or associated with any arising from mold and and/or Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.

Mold. (i) 11.1 Because mold spores are present essentially everywhere and mold can grow in almost any moist location, Tenant acknowledges the necessity of adopting and enforcing good housekeeping practices, ventilation practices and vigilant moisture control within the Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems systems, and associated drains) for the prevention of mold (such measures, “Mold Prevention Practices”). Landlord agrees to have the Premises inspected following execution of this Lease and shall share the inspection report with tenant. Landlord agrees to remediate existing mold conditions to the extent reasonably required and consistent with its customary Mold Prevention Practices. The contractor performing the remediation shall provide written certification to Tenant and Landlord that the remediation has been completed in accordance with applicable law. Tenant will, at its sole cost and expense expense, keep and maintain the Premises in good order and condition in accordance with the Mold Prevention PracticesPractices and acknowledges that the control of moisture, and prevention of mold within the Premises, is integral to its obligations under this Lease. (ii) 11.2 Tenant, at its sole cost and expense, shall: (1) 11.2.1 Regularly monitor visually observe the Premises for the presence of mold and any conditions that reasonably can be expected to give rise or be attributed to mold or fungus including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), ) mold growth, mildew, repeated complaints of respiratory ailments or eye irritation by Tenant’s employees or any other occupants of the Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Premises (the “Mold Conditions”); and (2) Promptly 11.2.2 Immediately notify Landlord in writing if it observes, suspects, or has reason to believe mold or Mold Conditions exist at the Premises. (iii) In the event of suspected mold or Mold Conditions at the Premises, Landlord may cause an inspection of the Premises to be conducted, during such time as Landlord may designate, to determine if mold or Mold Conditions are present at the Premises. (iv) Tenant hereby releases and relieves Landlord from any and all liability for bodily injury or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions in or on the Premises, except to the extent such Mold Conditions were caused by Landlord. (v) Tenant shall indemnify, defend and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) 11.3 The provisions of this Paragraph 31 Section shall survive the expiration or earlier termination of this Lease.

Mold. (i) Tenant acknowledges shall not install any Tenant’s Improvements or conduct any activities in the necessity of adopting and enforcing good housekeeping practices, ventilation and vigilant moisture control within the Leased Premises (particularly in kitchen areas, janitorial closets, bathrooms, in and around water fountains and other plumbing facilities and fixtures, break rooms, in and around outside walls, and in and around HVAC systems and associated drains) for the prevention of that would create any mold (such measures, “Mold Prevention PracticesMold”). Tenant will, at its sole cost and expense keep and maintain the Premises in good order and condition in accordance with the Mold Prevention Practices. (ii) Tenant, at its sole cost and expense, shall: (1) Regularly monitor the Premises for the presence of mold and any or conditions that reasonably can be expected to give rise or be attributed to mold or fungus (the “Mold Conditions”), including, but not limited to, observed or suspected instances of water damage, condensation, seepage, leaks or any other water penetration (from any source, internal or external), mold growth, mildew, repeated complaints of respiratory ailments ailment or eye irritation by Tenant’s employees or any other occupants of in the Leased Premises, or any notice from a governmental agency of complaints regarding the indoor air quality at the Leased Premises (attributable to Tenant’s Improvements or Tenant’s activities in the “Mold Conditions”); and (2) Promptly Leased Premises. Tenant shall promptly notify Landlord in writing if it observes, suspects, has reason to believe mold suspects Mold or Mold Conditions at the Leased Premises. (iii) . In the event of suspected mold Mold or Mold Conditions at the Leased Premises, Landlord may shall have the right to cause an inspection of the Leased Premises to be conducted, during such time as Landlord may reasonably designate, to determine if mold Mold or Mold Conditions are present at the Leased Premises. (iv) ; provided that Tenant hereby releases and relieves Landlord from any and all liability for bodily injury shall have the right to perform its own inspection of the Leased Premises. If it is ultimately determined that Mold or damage to property and hereby waives any and all claims against Landlord related to or allegedly caused by or associated with any mold and Mold Conditions are present and are exclusively attributable to Tenant’s Improvements or Tenant’s activities in or on the Leased Premises, except to Tenant will reimburse Landlord for the extent cost of such inspection and will pay for the reasonable cost of remediation by Landlord. If it is determined that Mold or Mold Conditions were caused by are present and are attributable to Landlord. (v) ’s failure to perform any of its maintenance and repair obligations hereunder, Landlord will reimburse Tenant shall indemnify, defend for the cost of inspection and hold harmless Landlord from and against any and all Mold Conditions caused or contributed to will pay for the cost of remediation by Tenant. Landlord shall indemnify, defend and hold harmless Tenant from and any and all Mold Conditions caused or contributed to by Landlord. (vi) The provisions of this Paragraph 31 shall survive the expiration or earlier termination of this Lease.