Common use of Surrender Plan Clause in Contracts

Surrender Plan. At least nine (9) months prior to the expiration date of this Lease (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination), Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Installations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term in accordance with Section 15.2 (the "Surrender Plan"). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord's environmental consultant. In connection with the review and reasonable approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall reasonably request. Prior to the expiration date (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination), Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed (which evidence may be the Environmental Assessment provided pursuant to Section 15.3) and Landlord shall have the right, subject to reimbursement at Tenant's expense as set forth below, to cause Landlord's environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the approved Surrender Plan shall have been satisfactorily completed. If such inspection by Landlord's environmental consultant reveals that Tenant failed to satisfactorily complete the approved Surrender Plan in any material respect, Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of pocket expense incurred by Landlord for Landlord's environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord's environmental consultant with respect to the surrender of the Premises to third parties.

Surrender Plan. Upon the expiration of the Term or earlier termination of Tenant’s occupancy, Tenant shall surrender the Premises to Landlord in the same condition as the Premises were in on the Lease Commencement Date, subject to any Alterations or Installations permitted or required by Landlord to remain in the Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss and condemnation covered in Sections 16 and 18 hereof excepted. At least nine ninety (990) months days prior to the expiration date of this Lease (the Term or in the event of an anticipated earlier termination or vacancy of this Lease, as soon as reasonably possible following such termination)the Premises by Tenant, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authoritygovernmental authority) that Tenant plans to be taken by Tenant in order perform to surrender the Premises (including any Installations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of this Lease or vacancy of the Term in accordance with Section 15.2 Premises, free from any residual impact from Hazardous Materials (the "“Surrender Plan"”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party or its agents with respect to the Premises, Premises and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord or Landlord's ’s environmental consultant. In connection with the review and reasonable approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations Tenant’s use of Hazardous Materials as Landlord shall reasonably request. Prior to On or before the expiration date (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination)surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed (which evidence may be the Environmental Assessment provided pursuant to Section 15.3) and Landlord shall have the right, subject to reimbursement at Tenant's ’s expense as set forth below, to cause Landlord's ’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the approved Surrender Plan shall have been satisfactorily completedPremises are, as of the effective date of such surrender or early termination of this Lease, free from any residual impact from Tenant’s use of Hazardous Materials. If such inspection by Landlord's environmental consultant reveals that Tenant failed to satisfactorily complete the approved Surrender Plan in any material respect, Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of of-pocket expense incurred by Landlord for Landlord's ’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000all actions described therein. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord's ’s environmental consultant with respect to the surrender of the Premises to third parties.

Surrender Plan. At least nine two (92) months prior to the expiration date surrender of this Lease (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination)Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authoritygovernmental authority) to be taken by Tenant in order to surrender the Premises (including any Installations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term in accordance with Section 15.2 Term, free from any residual impact from the Tenant HazMat Operations and otherwise released for unrestricted use and occupancy (the "“Surrender Plan"”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord's ’s environmental consultantconsultant in its reasonable discretion. In connection with the review and reasonable approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations as Landlord shall reasonably request. Prior to the expiration date (On or in the event of an earlier termination of this Lease, as soon as reasonably possible following before such termination)surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed (which evidence may be the Environmental Assessment provided pursuant to Section 15.3) and Landlord shall have the right, subject to reimbursement at Tenant's ’s expense as set forth below, to cause Landlord's ’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the approved Surrender Plan shall have been satisfactorily completedPremises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from Tenant HazMat Operations. If such inspection by Landlord's environmental consultant reveals that Tenant failed to satisfactorily complete the approved Surrender Plan in any material respect, Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of pocket expense incurred by Landlord for Landlord's ’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver such Surrender Plan and any report by Landlord's environmental consultant with respect to the surrender of the Premises to third parties1,500.

Surrender Plan. At least nine (9) months prior Prior to the expiration date of this Lease (or within thirty (30) 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, acid neutralization systems 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 contacted by any Hazardous Materials used in the event operation of an the Premises, and shall otherwise clean the Premises so as to permit the Surrender Plan (defined below) to be issued. At least thirty (30) days prior to the expiration of the Term (or, if applicable, within five (5) business days after any earlier termination of this Lease, as soon as reasonably possible following such termination), Tenant shall deliver to Landlord a reasonably detailed narrative description of the actions proposed (or required by any Governmental AuthorityLegal Requirements) to be taken by Tenant in order to surrender render the Premises (including any Installations Alterations permitted or required by Landlord to remain in therein) free of Hazardous Materials and otherwise released for unrestricted use and occupancy including without limitation causing the Premises) at the expiration or earlier termination of the Term Premises to be decommissioned in accordance with Section 15.2 the regulations of the U.S. Nuclear Regulatory Commission and/or the Massachusetts Department of Public health (the "“MDPH”) for the control of radiation, and cause the Premises to be released for unrestricted use by the Radiation Control Program of the MDPH (the “Surrender Plan"”). Such The Surrender Plan (i) shall be accompanied by a current listing list of (iA) all Hazardous Materials licenses and permits Required Permits held by or on behalf of any Tenant Party with respect to Hazardous Materials in, on, under, at or about the Premises, and (B) Tenant’s Hazardous Materials, Certain information indicated with [***] in this document has been omitted from this exhibit because it is both (i) not material and (ii) all Hazardous Materials used, stored, handled, treated, generated, released is the type that the registrant treats as private or disposed of from the Premises, confidential. and (ii) shall be subject to the review and approval of Landlord's ’s environmental consultant. In connection with the review and reasonable approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations the use of and operations within the Premises as Landlord shall reasonably request. Prior to On or before the expiration date of the Term (or in the event of an within thirty (30) days after any earlier termination of this Lease, as soon as reasonably possible following such terminationduring which period Tenant’s use and occupancy of the Premises shall be governed by Section 16.18 below), Tenant shall (i) perform or cause to be performed all actions described in the approved Surrender Plan, and (ii) deliver to Landlord a certification from a third party certified industrial hygienist reasonably acceptable to Landlord certifying that the Premises do not contain any Hazardous Materials (an “Industrial Hygienist Certification”) and evidence that the approved Surrender Plan shall have been satisfactorily completed (which evidence may be the Environmental Assessment provided pursuant by a contractor acceptable to Section 15.3) Landlord, and Landlord shall have the right, subject to reimbursement at Tenant's ’s expense as set forth below, to cause Landlord's ’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the approved Surrender Plan shall have been satisfactorily completed. If such inspection by Landlord's environmental consultant reveals that Tenant failed to satisfactorily complete the approved Surrender Plan in any material respect, Tenant shall reimburse LandlordPremises are, as Additional Rent, for the actual out-of pocket expense incurred by Landlord for Landlord's environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the sameexpiration of the Term (or, if applicable, the date which cost shall not exceed $5,000is thirty (30) days after any earlier termination of this Lease), free of Hazardous Materials and otherwise available for unrestricted use and occupancy as aforesaid. Landlord shall have the unrestricted right to deliver such the Surrender Plan and any report by Landlord's ’s environmental consultant with respect to the surrender of the Premises to third parties. Such third parties and the Landlord Parties shall be entitled to rely on the Surrender Report. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address the use of Hazardous Materials by any of the Tenant Parties in, on, at, under or about the Premises, Landlord shall have the right to take any such actions as Landlord may deem reasonable or appropriate to assure that the Premises and the Property are surrendered in the condition required hereunder, the cost of which actions shall be reimbursed by Tenant as Additional Rent upon demand. Tenant’s obligations under this Section 16.4(b) shall survive the expiration or earlier termination of the Term.

Surrender Plan. At least nine thirty (930) months days prior to the expiration date of this Lease the Term (or in the event of an or, if applicable, within five (5) business days after any earlier termination of this Lease, as soon as reasonably possible following such termination), Tenant shall deliver to Landlord a reasonably detailed narrative description of the actions proposed (or required by any Governmental AuthorityLegal Requirements) to be taken by Tenant in order to surrender render the Premises (including any Installations Alterations permitted or required by Landlord to remain in therein) free of Hazardous Materials and otherwise released for unrestricted use and occupancy including without limitation causing the Premises) at the expiration or earlier termination of the Term Premises to be decommissioned in accordance with Section 15.2 the regulations of the U.S. Nuclear Regulatory Commission and/or the Massachusetts Department of Public health (the "“MDPH”) for the control of radiation, and cause the Premises to be released for unrestricted use by the Radiation Control Program of the MDPH (the “Surrender Plan"”). Such The Surrender Plan (i) shall be accompanied by a current listing list of (iA) all Hazardous Materials licenses and permits Required Permits held by or on behalf of any Tenant Party with respect to Hazardous Materials in, on, under, at or about the Premises, and (B) Tenant’s Hazardous Materials, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord's ’s environmental consultant. In connection with the review and reasonable approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary information concerning Tenant HazMat Operations the use of and operations within the Premises as Landlord shall reasonably request. Prior to On or before the expiration date (or in of the event of an earlier termination of this Lease, as soon as reasonably possible following such termination)Term, Tenant shall (i) perform or cause to be performed all actions described in the approved Surrender Plan, and (ii) deliver to Landlord a certification from a third party certified industrial hygienist reasonably acceptable to Landlord certifying that the Premises do not contain any Hazardous Materials and evidence that the approved Surrender Plan shall have been satisfactorily completed (which evidence may be the Environmental Assessment provided pursuant by a contractor acceptable to Section 15.3) Landlord, and Landlord shall have the right, subject to reimbursement at Tenant's ’s expense as set forth below, to cause Landlord's ’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the approved Surrender Plan shall have been satisfactorily completed. If such inspection by Landlord's environmental consultant reveals that Tenant failed to satisfactorily complete the approved Surrender Plan in any material respect, Tenant shall reimburse LandlordPremises are, as Additional Rent, for the actual out-of pocket expense incurred by Landlord for Landlord's environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the sameexpiration of the Term (or, if applicable, the date which cost shall not exceed $5,000is thirty (30) days after any earlier termination of this Lease), free of Hazardous Materials and otherwise available for unrestricted use and occupancy as aforesaid. Landlord shall have the unrestricted right to deliver such the Surrender Plan and any report by Landlord's ’s environmental consultant with respect to the surrender of the Premises to third parties. Such third parties and the Landlord Parties shall be entitled to rely on the Surrender Report. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address the use of Hazardous Materials by any of the Tenant Parties in, on, at, under or about the Premises, Landlord shall have the right to take any such actions as Landlord may deem reasonable or appropriate to assure that the Premises and the Property are surrendered in the condition required hereunder, the cost of which actions shall be reimbursed by Tenant as Additional Rent upon demand. Tenant’s obligations under this Section shall survive the expiration or earlier termination of the Term.

Surrender Plan. Furthermore, upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises to Landlord free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed of from, the Premises by any person other than Landlord (collectively, “HazMat Operations”) and released of any license, clearance or other authorization of any kind required to enter into and restore the Premises issued by any Governmental Authority having jurisdiction over the use, storage, handling, treatment, generation, release, disposal, removal or remediation of Hazardous Materials in, on or about the Premises. At least nine three (93) months prior to the expiration date surrender of this Lease (or in the event of an earlier termination of this Lease, as soon as reasonably possible following such termination)Premises, Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to be taken by Tenant in order to surrender the Premises (including any Installations Alterations permitted by Landlord to remain in the Premises) at the expiration or earlier termination of the Term Term, fully decommissioned (including, without limitation, removal of all Hazardous Materials in accordance with Section 15.2 applicable laws) and free from any residual impact from the HazMat Operations and otherwise released for unrestricted use and occupancy (the "“Surrender Plan"”). Such Surrender Plan shall be accompanied by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises, and shall be subject to the review and approval of Landlord's ’s environmental consultantconsultant (such approval not to be unreasonably withheld or conditioned). In connection with the review and reasonable approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional non-proprietary non‑proprietary information concerning Tenant HazMat Operations as Landlord shall reasonably request. Prior to the expiration date (On or in the event of an earlier termination of this Lease, as soon as reasonably possible following before such termination)surrender, Tenant shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed (which evidence may be the Environmental Assessment provided pursuant to Section 15.3) and Landlord shall have the right, subject to reimbursement at Tenant's ’s expense as set forth below, to cause Landlord's ’s environmental consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that the approved Surrender Plan shall have been satisfactorily completedPremises (including, without limitation, all floors, walls, ceiling and counters piping, supply lines, waste lines and plumbing and all exhaust and other ductwork in the Premises) are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from HazMat Operations. If such inspection by Landlord's environmental consultant reveals that Tenant failed to satisfactorily complete the approved Surrender Plan in any material respect, Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of pocket out‑of‑pocket expense incurred by Landlord for Landlord's ’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify satisfactory completion of the same, which cost shall same (not to exceed $5,000[***] in then‑current dollars). Tenants acknowledges and agrees that it shall surrender the Premises in a condition of environmental hygiene that it may be reused by a subsequent tenant for office, research and development, or laboratory use without incurring special costs or undertaking special procedures for demolition, disposal, investigation, assessment, cleaning or removal of any Hazardous Materials without giving notice in connection with such Hazardous Materials. Landlord shall have the unrestricted right to deliver such Surrender Plan and |US-DOCS\129492181.2|| any report by Landlord's ’s environmental consultant with respect to the surrender of the Premises to third parties. If Tenant shall fail to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of HazMat Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may deem reasonable or appropriate to assure that the Premises are surrendered free from any residual impact from HazMat Operations, the cost of which actions shall be reimbursed by Tenant as Additional Rent.