Vivarium. Section 1.2 of Exhibit B to the Lease is hereby deemed deleted in its entirety and replaced with the following:
Vivarium. As part of Landlord’s Tenant Improvement work, Landlord shall construct an approximately 3,500 to 4,500 square foot vivarium in the first (1st) floor portion of the Premises (“Vivarium”) pursuant to the vivarium plans described in Schedule 2 attached hereto (the “Vivarium Plans”), which Vivarium Plans are hereby approved by Landlord and Tenant. Tenant shall be responsible for the cost of the design and construction of the vivarium in the same manner as the remainder of the Tenant Improvements.”
Vivarium. Sublessee desires access to the Vivarium as soon as reasonably practicable after the full execution and delivery of this Amendment. Accordingly, the Vivarium will be delivered to Sublessee on the date (“Vivarium Commencement Date”), which is the later of (i) the full execution and delivery of this Amendment and (ii) receipt of Lessor’s consent to this Amendment. In the event the Vivarium has not been delivered to Sublessee by September 1, 2018 (the “Target Delivery Date”), which date shall be extended by any Force Majeure events or delays caused by the acts or omissions of Sublessee, then Sublessor will provide Sublessee with a rent credit equal to one day of Base Rent plus Operating Expenses, Amenities Fees and Taxes attributable to the Expansion Space for each day of delay; provided that the maximum rent credit to which Sublessee is entitled hereunder shall be thirty (30) days, regardless of when the Vivarium is delivered. Any rent credit will be applied to Sublessee’s obligation to pay Base Rent and Operating Expenses, Amenities Fees and Taxes hereunder commencing as of the Expansion Commencement Date. For example, if the Vivarium is delivered on September 10, 2018, then Sublessee will be entitled to a rent credit equal to ten (10) days of Base Rent and Operating Expenses, Amenities Fees and Taxes for the Expansion Space only, which rent credit would be applied to the first ten (10) days of the Expansion Space Term. Notwithstanding the foregoing, if the Vivarium has not been delivered to Sublessee within thirty (30) days after the Target Delivery Date (as the same may be extended), then at any time thereafter and before delivery of possession of the Vivarium to Sublessee, Sublessee may give written notice to Sublessor of Sublessee’s intention to cancel this Amendment as to the Vivarium only (i.e., the Sublease will remain in full force and effect as to the Remainder Space and the Existing Premises and only the Vivarium will be excluded). Said notice shall set forth an effective date for such cancellation which shall be at least five (5) business days after delivery of said notice to Sublessor. If the Vivarium is delivered to Sublessee on or before such effective date, this Sublease shall remain in full force and effect as to the Vivarium and Tenant’s termination notice will be revoked. If Sublessee exercises the foregoing termination right as to the Vivarium, the Base Rent, Sublessee’s Pro Rata Share and the Security Deposit will be adjusted accordingly...
Vivarium. Landlord grants Tenant the right to operate a vivarium in accordance with the provisions of Exhibit G.
Vivarium. Provided that Tenant, at its sole expense, obtains all governmental permits and approvals required therefor, Tenant shall have the right to install a vivarium (“Vivarium”) in the Premises either as part of the Tenant’s Work or as a later alteration, all in accordance with the terms and conditions of Section 4.2(a) hereof. Tenant shall be responsible, at its sole expense, for the operations of its Vivarium in accordance with all Requirements and Governmental Authorities. Without limiting the general application of the foregoing, Tenant shall separately dispose of all waste products from the operation of the Vivarium, including, without limitation, dead animals, strictly in accordance with all Requirements. Landlord shall have the right, from time to time by written notice to Tenant, to promulgate reasonable rules and regulations with respect to the operation of the Vivarium so as to minimize any adverse effects that such operation may have on other occupants of the Building, including without limitation, regulations as to noise mitigation.
Vivarium. Tenant shall be responsible, at its sole expense, for the operations of any vivarium in accordance with all Legal Requirements and with best industry practices. Without limiting the general application of the foregoing, Tenant shall separately dispose of all waste products from the operation of the vivarium, including, without limitation, dead animals, strictly in accordance with Legal Requirements. At such time as Tenant is not the only direct tenant or occupant of the Building, (i) Landlord shall have the right, from time to time by written notice to Tenant, to promulgate reasonable rules and regulations with respect to the operation of the vivarium so as to minimize any adverse effects that such operation may have on other occupants of the Building, including without limitation, regulations as to noise mitigation, (ii) Transportation to and from the Premises of any animals, animal waste, food or supplies relating to any animals maintained from time to time in any animal storage areas of the Premises (“Animal Transportation”) shall be subject to this Section 4.3 and Landlord’s reasonable rules and regulations therefor (which may include, inter alia, consideration for the multi-tenant nature of the Building, if applicable, and the permitted path of any Animal Transportation), (iii) Animal Transportation shall only occur from 6 PM to 7 AM, and (iv) at no time shall any animals, animal waste, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Building or be transported within the Building in elevators other than the freight elevator. In addition, at all times that animals are transported to and from the Premises, they shall be transported in an appropriate cage or other container.
Vivarium. Tenant shall have the right to operate a vivarium containing no more than 3,500 usable square feet for small animals only (at no time shall any large animals (live or dead) be used). Tenant shall be responsible, at its sole expense, for the operation, maintenance, repair and removal of any vivarium located in the Premises in accordance with Applicable Laws, first-class standards and with best industry practices. Without limiting the general application of the foregoing, Tenant shall separately dispose of all waste products from the operation of the vivarium, including dead animals, food and supplies, strictly in accordance with Applicable Laws. Landlord shall have the right, from time to time by written notice to Tenant, to promulgate reasonable rules and regulations with respect to the operation of the vivarium as may be necessary to minimize any adverse effects that such operation may have on other occupants of the Building, including regulations as to noise mitigation. Transportation to and from the Premises of any animals, animal waste, food or supplies relating to any animals maintained from time to time in any animal storage areas of the Premises (“Animal Transportation”) shall be subject to this Section 5.6 and Landlord’s reasonable rules and regulations therefor (which shall include, inter alia, consideration for the multi-tenant nature of the Building and the permitted path of any Animal Transportation). Animal Transportation shall only be routed from Tenant’s dedicated loading dock directly to the vivarium within the Premises on the same floor, and at no time shall Animal Transportation occur through any Common Areas or any other entrance/exit in the Building. At all times that animals are transported to and from the Premises, they shall be transported in an appropriate cage or other container. At no time shall any animals, animal waste, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Building or be transported within the Building in elevators other than the freight elevator.
Vivarium. If Tenant desires to install a vivarium, and provided that Tenant, at its sole expense, obtains all governmental permits and approvals required therefor, Tenant shall have the right to install a vivarium in the Premises in accordance with the terms and conditions of Article 11 below. Tenant shall be responsible, at its sole expense, for the operations of the vivarium in accordance with all Legal Requirements and with best industry practices. Without limiting the general application of the foregoing, Tenant shall separately dispose of all waste products from the operation of the vivarium, including, without limitation, dead animals, strictly in accordance with Legal Requirements. Landlord shall have the right, from time to time by written notice to Tenant, to promulgate reasonable rules and regulations with respect to the operation of the vivarium so as to minimize any adverse effects that such operation may have on other occupants of the Building, including without limitation, regulations as to noise mitigation.
Vivarium. (a) Sublandlord shall construct a vivarium (the "Vivarium") in the portion of the Subleased Premises on the first floor of the Building in accordance with the plans and specifications described on Exhibit E attached hereto. Sublandlord's obligation to construct the Vivarium shall be subject to receipt of Master Landlord's consent to the Vivarium and such plans and specifications. If Sublandlord requests any changes to such plans, Subtenant shall not unreasonably withhold its consent to such changes. In the event of a disagreement in such changes, Sublandlord's good faith determination of such changes shall control so long as the Vivarium is substantially similar in quality to the vivarium currently existing in the Master Premises. Sublandlord shall use reasonable efforts to complete construction of the Vivarium prior to January 1, 2005. However, the Sublease shall not be void or voidable, the Commencement Date shall not be delayed, Rent shall not xxxxx, nor shall Sublandlord be liable to Subtenant for any loss or damage, by reason of delays in the completion of the Sublandlord Work.
Vivarium. Tenant shall be responsible, at its sole expense, for the installation, operation, maintenance, repair and removal of any vivarium (the "Vivarium") installed or operated by Tenant in the Premises, in accordance with all applicable Requirements and with commercially reasonable standards and industry practices, and as substantially as shown on the Final Space Plan, attached as Schedule 2 to Exhibit B. In connection with Tenant's use of the Vivarium, Tenant shall only use mice, rats and similar size animals (the "Permitted Animals"). Without limitation, Tenant shall separately dispose of all waste products from the operation of the Vivarium, including all animals, animal carcasses, food or supplies relating to any animals in accordance with all applicable Requirements. Tenant shall comply with all reasonable Rules and Regulations adopted by Landlord from time-to-time in writing with respect to the operation of the Vivarium, including Rules and Regulations concerning noise mitigation. All transportation by Tenant to and from the Premises of any animals, animal waste, animal carcasses, food or supplies relating to any animals from time to time in any animal storage areas of the Premises shall be in accordance with the terms and conditions of this Section 6.10. All animals shall be transported to and from the Premises in appropriate cages or other industry-standard containers. At no time shall any animals, animal waste, animal carcasses, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Building or be transported in any passenger elevators.
