Vivarium 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. 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. Landlord grants Tenant the right to operate a vivarium in accordance with the provisions of Exhibit G.
Vivarium. The Vivarium is excluded from the Sublet Premises and the Sublandlord shall have sole and exclusive use of and access to the Vivarium on a 24-hour, 7 day a week basis. The Sublandlord shall provide the Subtenant at least one (1) month prior written notice of the Sublandlord’s intent to sublet any part or whole of the Vivarium, shall be responsible for ensuring that any use of the Vivarium will not cause loss or damage to the Subtenant, and shall indemnify the Subtenant for any loss or damage caused by the Sublandlord or its subtenant’s use of the Vivarium.
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 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.
Vivarium. Tenant may cause a vivarium to be installed and used in Tenant’s allocated Shared Space located on the first floor of the Building near the loading dock, as shown on the plan attached to this Amendment as Exhibit B, subject to the applicable provisions of the Lease and the following terms and conditions:
(a) No construction work shall commence until Landlord approve the final plans and specifications pertaining to the work;
(b) Tenant’s installation and use of the vivarium shall comply with all applicable Legal Requirements and shall not, in Landlord’s reasonable judgment, adversely affect the use and enjoyment of the other occupants of the Building;
(c) Landlord shall not have any obligation to make any improvements or alterations to the Shared Space to prepare such space for Tenant’s proposed use;
(d) Tenant, at its sole expense, shall keep Tenant’s Shared Space clean and in good condition;
(e) Landlord shall not be required to provide any services to the Shared Space; and
(f) Upon the expiration or earlier termination of the Lease, Tenant shall restore the applicable area and repair any damage related to the removal of the vivarium.
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.
