Common use of Noise and Vibration Clause in Contracts

Noise and Vibration. (a) The Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in the premises required to keep them in good order and condition; such repairs to be equal in quality to the original work. Except as set forth herein, the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and facilities of the building for the use or service of tenants generally, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THREE (a), and further provided that the Tenant shall be obligated to maintain in good order and condition such portions of the fixtures, appurtenances, equipment and facilities located in and serving any portion of the premises up to the point of such systems are connected to the main risers, conduit or disconnect switch, as the case may be. All repairs for which the Tenant is responsible pursuant to this Article shall be made by a contractor reasonably approved by the Landlord, which approval shall not be unreasonably withheld or delayed. Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which Landlord's reasonable judgment shall be conclusive) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs within ten days after notice from the Landlord of the condition requiring repair, or, if the repairs are of such nature that they cannot be completed with such ten-day period, if the Tenant shall have failed to have begun in good faith, the work necessary to make them within such ten-day period after notice from the Landlord of the condition requiring repair, the Landlord may, in any such instance, immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may make, at the expense of the Tenant, any repairs to the building or to its fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or breach of any term of this lease beyond applicable cure periods by the Tenant or its employees, agents, licensees or visitors; (ii) to the moving into or out of the building, of property being delivered to the Tenant or taken from the premises by or on behalf of the Tenant; (iii) to the installation, repair or removal, use or operation of the property of the Tenant in the premises; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the cost of any repairs made by the Landlord pursuant to this paragraph within ten days after presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THREE shall survive the expiration or other termination of this lease. (b) Except to the extent hereinabove set forth, and subject to the provisions of Article SIXTEEN, the Landlord shall maintain in working order and repair the exterior and the structural portions of the building, including the structural

Noise and Vibration. (a) The Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in the premises required to keep them in good order and condition; such repairs to be equal in quality to the original work. Except as set forth herein, the Tenant shall not be obligated for structural cause (or exterior repairs conduct any activities that directly or indirectly cause, or permit or suffer any Tenant Party to cause) any objectionable noise or vibration to emanate from the building Premises or for repairs Tenant’s Appurtenant Areas to the systems and facilities other portions of the building for Building. (As used in this Section 9.3(d), “objectionable” shall mean in a manner inconsistent, in Landlord’s reasonable judgment, with the use operation of Comparable Mixed-Use Laboratory/Office Buildings, taking into account, as applicable, the general and particular uses of the other office, laboratory, and retail tenants in any other portions of the Building or service its common areas and the Building’s equipment and systems.) Tenant shall, at Tenant’s sole cost and expense, provide sound insulation and vibration dampening that is necessary or appropriate from time to time to comply with this paragraph. Landlord’s approval of tenants generallyany such installations by Tenant under Exhibit B or Section 10.5 or otherwise shall not be deemed to relieve Tenant from its on-going obligations under this Section 9.3(d) in the event that Tenant’s sound insulation or vibration dampening equipment is not effective in eliminating such noise or vibrations, except where structural and Landlord reserves the right to require Tenant to install additional equipment in accordance with the provisions hereof if Tenant does implement other corrective measures or exterior repairs limit or repairs suspend the activities giving rise to such systems and facilities are made necessary by reason of one matters. If Tenant fails to limit or more of suspend the occurrences described below in clauses activities giving rise to such emanations immediately (i) through (iv) of this Article THREE (a), and further provided that the Tenant shall be obligated to maintain in good order and condition such portions of the fixtures, appurtenances, equipment and facilities located in and serving any portion of the premises up to the point of such systems are connected to the main risers, conduit or disconnect switch, as the case may be. All repairs for which the Tenant is responsible pursuant to this Article shall be made by a contractor reasonably approved by the Landlord, which approval shall not be unreasonably withheld or delayed. Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which Landlord's reasonable judgment shall be conclusive) or, in the case of repairs of an emergency or a risk to health or safety or (ii) upon written notice from Landlord that such activities adversely affect any other natureBuilding tenant (or, should the Tenant have failed in any other case, to make the required repairs install satisfactory noise or vibration controls within ten thirty (30) days after notice from receiving the Landlord of the condition requiring repairrequisite permits and approvals therefor), or, if the repairs are of such nature that they cannot be completed with such ten-day period, if the Tenant shall have failed to have begun in good faith, the work necessary to make them within such ten-day period after notice from the Landlord of the condition requiring repair, the then Landlord may, in without limiting Landlord’s other rights and remedies, require Tenant to limit or suspend any such instance, immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may make, at the expense of the Tenant, any repairs to the building or to its fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or breach of any term of this lease beyond applicable cure periods by the Tenant or its employees, agents, licensees or visitors; (ii) to the moving into or out of the building, of property being delivered to the Tenant or taken from the premises by or on behalf of the Tenant; (iii) to the installation, repair or removal, use or operation of the property of the Tenant operations in the premises; Premises that, in Landlord’s reasonable determination, cause such objectionable noise or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the cost of any repairs made by the Landlord pursuant to this paragraph within ten days after presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THREE shall survive the expiration or other termination of this leasevibrations. (b) Except to the extent hereinabove set forth, and subject to the provisions of Article SIXTEEN, the Landlord shall maintain in working order and repair the exterior and the structural portions of the building, including the structural

Noise and Vibration. (a) The Tenant shall take good care of the premises Premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in and about the premises Premises required to keep them in good order and condition; such repairs to be equal in quality to the original work. Except as set forth herein, work provided that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and facilities of the building for the use or service of tenants generally, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THREE (a), and further provided that the Tenant shall be obligated to maintain in good order and condition such portions of the fixtures, appurtenances, equipment and facilities located in and serving any portion of the premises up to the point of such systems are connected to the main risers, conduit or disconnect switch, as the case may be. All repairs for which the Tenant is responsible pursuant to this Article shall be made by a contractor reasonably approved by the Landlord, which approval shall not be unreasonably withheld or delayed. Should the Tenant fail to repair any condition in or about the premises Premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which Landlord's reasonable judgment judgment, reasonably exercised, shall be conclusive) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs within ten days after notice from the Landlord of the condition requiring repair, or, if the repairs are of such nature that they cannot be completed with such ten-day period, if the Tenant shall have failed or to have begun in good faith, the work necessary to make them within such ten-day period five business days after notice from the Landlord of the condition requiring repair, the Landlord may, in any either such instancecase, immediately enter the premises Premises and make the required repairs at the expense of the Tenant. The Landlord may make, at the expense of the Tenant, any repairs to the building or to its fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or breach willful misconduct of any term of this lease beyond applicable cure periods by the Tenant or its employees, agents, licensees or visitors; (ii) to the moving into or out of the building, of property being delivered to the Tenant or taken from the premises Premises by or on behalf of the Tenant; (iii) to the installation, repair or removal, use or operation of the property of the Tenant in the premisesPremises; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises Premises by or for the Tenant. The Tenant will pay the cost of any repairs made by the Landlord pursuant to this paragraph within ten fifteen days after presentation of bills therefor, or the Landlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THREE shall survive the expiration or other termination of this leaselease for a period of one year. (b) Except to the extent hereinabove set forth, and subject to the provisions of Article SIXTEEN, the Landlord shall maintain in working order and repair the exterior and the structural portions of the building, including the structuralstructural portions of the Premises, and the public portions of the building interior and the building plumbing, electrical, heating, fire protection, life safety, sprinkler and ventilating systems, (excluding all ductwork, diffusers, thermostat controls and any other part of the ventilating system located outside of the machine room, if any, on the floor) serving the Premises. The Tenant shall give prompt notice of any defective condition in the Premises for which the Landlord may be responsible hereunder. There shall be no allowance to the Tenant for diminution in rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from the Landlord or others making repairs, alterations, additions or improvements in or to any portion of the building or the Premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that the Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of the Landlord to comply with the provisions of this or any other Article of the lease. Landlord shall use reasonable commercial efforts to minimize any interference with the conduct of Tenant's business on account of the work undertaken by Landlord in accordance with this Article Three, but Landlord shall not be required to perform any such work on an overtime basis. (c) Tenant shall not install or maintain equipment, machinery or manufacturing equipment of any description in the Premises, the operation of which produces noise or vibration which is transmitted beyond the Premises. If the Tenant does install such equipment or machinery and the Landlord deems it necessary that the noise or vibration of such machinery or equipment be diminished, eliminated, prevented or confined to the Premises, the Landlord may, at its election, give written notice to the Tenant, requiring that the Tenant provide and install rubber or other approved settings for absorbing, preventing or decreasing the noise or vibration of such machinery or equipment within fifteen days and if such measures are unsuccessful that the Tenant immediately

Noise and Vibration. (a) The Tenant shall take good care of the premises and the fixtures, appurtenances, equipment and facilities therein and shall make, as and when needed, all repairs in the premises required to keep them in good order and condition; such repairs to be equal in quality to the original work. Except as set forth herein, the Tenant shall not be obligated for structural cause (or exterior repairs conduct any activities that directly or indirectly cause, or permit or suffer any Tenant’s Agent to cause) any objectionable noise or vibration to emanate from the building or for repairs Premises to the systems and facilities any other portion of the building for Building or the use Common Areas. (As used in this Section 4.2(d), “objectionable” shall mean in a manner inconsistent, in Landlord’s reasonable judgment, with the operation of Comparable First-Class Buildings, taking into account, as applicable, the general and particular uses of the other tenants in any other portions of the Building or service the Project or its common areas and the Building’s equipment and systems.) Tenant shall, at Tenant’s sole cost and expense, provide sound insulation and vibration dampening that is necessary or appropriate from time to time to comply with this paragraph. Landlord’s approval of tenants generallyany such installations by Tenant under Exhibit B or Section 5.2 or otherwise shall not be deemed to relieve Tenant from its on-going obligations under this Section 4.2(d) in the event that Tenant’s sound insulation or vibration dampening equipment is not effective in eliminating such noise or vibrations, except where structural and Landlord reserves the right to reasonably require Tenant to install additional equipment in accordance with the provisions hereof if Tenant does implement other corrective measures or exterior repairs limit or repairs suspend the activities giving rise to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses matters. If Tenant fails (i) through (iv) of this Article THREE (a), and further provided that to limit or suspend the Tenant shall be obligated activities giving rise to maintain in good order and condition such portions of the fixtures, appurtenances, equipment and facilities located in and serving any portion of the premises up to the point of such systems are connected to the main risers, conduit or disconnect switch, as the case may be. All repairs for which the Tenant is responsible pursuant to this Article shall be made by a contractor reasonably approved by the Landlord, which approval shall not be unreasonably withheld or delayed. Should the Tenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which Landlord's reasonable judgment shall be conclusive) or, emanations immediately in the case of repairs of an emergency or a risk to health or safety, or within a reasonable time upon written notice from Landlord that such activities adversely affect any other nature, should Building tenant or (ii) otherwise to deliver a plan to Landlord for the Tenant have failed installation of satisfactory noise or vibration controls promptly following written notice from Landlord that such activities are in violation of this Section 4.2(d) (and thereafter to make the required repairs implement such plan within ten thirty (30) days after notice from receiving the Landlord of requisite permits and approvals therefor or such other longer time period as is reasonable for the condition requiring repairinstallation thereof), or, if the repairs are of such nature that they cannot be completed with such ten-day period, if the Tenant shall have failed to have begun in good faith, the work necessary to make them within such ten-day period after notice from the Landlord of the condition requiring repair, the then Landlord may, in without limiting Landlord’s other rights and remedies, require Tenant to limit or suspend any such instanceoperations in the Premises that, immediately enter in Landlord’s reasonable determination, cause such objectionable noise or vibrations. Notwithstanding anything to the premises and make contrary in this Section 4.2(d), the required repairs restrictions contained herein shall not apply to construction work of Tenant at the expense Building or the Project which is permitted under the terms of this Lease, provided that the Tenantsame shall in all events be conducted in accordance with applicable Laws and the other provisions of this Lease. The Landlord may make, at In the expense of event another tenant in the Tenant, any repairs to the building Building is causing objectionable noise or to its fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or breach vibration of any term of this lease beyond applicable cure periods by kind to emanate from its premises into the Tenant or its employees, agents, licensees or visitors; (ii) to the moving into or out of the building, of property being delivered to the Tenant or taken from the premises by or on behalf of the Tenant; (iii) to the installation, repair or removal, use or operation of the property of the Tenant in the premises; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the cost of any repairs made by the Landlord pursuant to this paragraph within ten days after presentation of bills therefor, Premises or the Building common areas, then Landlord mayshall use commercially reasonable efforts to cause such other tenant to take similar measures as would be required to be taken by Tenant hereunder in order to reduce such objectionable noises or vibrations; provided that any such objectionable noises or vibrations caused by such other Building tenant, at its option, add such amounts shall not give rise to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of Landlord or affect Tenant’s obligations under the Tenant under this Article THREE shall survive the expiration or other termination of this leaseLease. (b) Except to the extent hereinabove set forth, and subject to the provisions of Article SIXTEEN, the Landlord shall maintain in working order and repair the exterior and the structural portions of the building, including the structural