Common use of Tenant Operations Clause in Contracts

Tenant Operations. Tenant shall not generate, produce, bring upon, use, store or treat Hazardous Substances in the Premises, the Building, the Appurtenant Exterior Areas or any other portion of the Project, except and unless (x) the same are for customary office uses (e.g., normal office cleaning supplies and printing supplies) for its operations at the Premises, (y) such use is in compliance with all applicable Legal Requirements, including without limitation Environmental Laws, and in compliance with the terms and conditions of this Lease, and (z) as to any Hazardous Substances, processes, or procedures not then subject to Legal Requirements, such activities are conducted in accordance with standard practices for tenants conducting similar office operations in Comparable Properties, and do not endanger or create a hazard to public health, safety or welfare or to the environment, within the Premises, the Building, or any Appurtenant Exterior Areas, or other areas in the vicinity thereof generally. Furthermore, beginning on the Commencement Date, on an annual basis or upon Landlord’s request following the occurrence of any environmental incident, or on no more than one additional occasion during any year if reasonably requested by Landlord’s mortgagee(s) in connection with any financing or refinancing of the Property, Tenant shall provide Landlord with a list detailing the types and amounts of all Hazardous Substances being generated, produced, brought upon, used, stored, treated or disposed of by or on behalf of Tenant in or about or on the Premises, Building or Property and, upon Landlord’s request, copies of any manifests or other federal, state or municipal filings by Tenant with respect to such Hazardous Substances (redacted to protect confidential information to the extent such redactions are permitted by the applicable federal, state or municipal authorities having jurisdiction over such filings). Tenant agrees to pay the reasonable cost of any environmental inspection or assessment requested by any lender that holds a security interest in the Property or this Lease, or by any insurance carrier, to the extent that such inspection or assessment pertains to any release, reasonable threat of release, contamination, or a loss or damage or determination of condition related to the foregoing in the Premises, the Building, the Appurtenant Exterior Areas, or any other portion of the Project caused by Tenant or any other Tenant Party.

Tenant Operations. Tenant shall not (and shall not permit or suffer any Tenant Party to) generate, produce, bring upon, use, store or treat Hazardous Substances in the Premises, in Tenant’s Appurtenant Areas, or in other portions of the Building, the Appurtenant Exterior Areas Building Site, or any other portion of the ProjectProject Common Areas, except and unless (xi) such Hazardous Substances are used by Tenant in the same are operation of its business in connection with Tenant’s laboratory and laboratory-related uses in the Premises (subject to the last sentence of this Section 9.4(b)) for the Permitted Uses permitted under the terms and conditions of this Lease according to prudent practices provided that the use or presence of Hazardous Substances is strictly and properly monitored (“Lab-Related Hazardous Materials”) or for customary office uses (e.g., normal office cleaning supplies and printing supplies) for its office operations at the PremisesPremises (“Customary Office Materials”), (y) such use is in compliance each case in accordance with all applicable Legal Requirements, including without limitation Environmental Laws, and in compliance with subject to the terms and conditions set forth in this Lease, (ii) each and every such use of Lab-Related Hazardous Materials and Customary Office Materials is in strict compliance with all Environmental Laws and other Applicable Legal Requirements, the terms of this Section 9.4, and the provisions of this Lease, and (ziii) as to any Hazardous Substances, processes, or procedures that are not then subject to Environmental Laws or other Applicable Legal Requirements, such activities are conducted in accordance with standard practices for comparable tenants conducting similar laboratory/office operations in Comparable PropertiesMixed-Use Laboratory/Office Buildings, and do not endanger or create a hazard to public health, safety or welfare or to the environment, within the Premises, the Building, or any of Tenant’s Appurtenant Exterior Areas, or other areas in the vicinity thereof generally. Furthermore, beginning on the Commencement Date, on an annual basis or upon Landlord’s request following the occurrence portions of any environmental incident, or on no more than one additional occasion during any year if reasonably requested by Landlord’s mortgagee(s) in connection with any financing or refinancing of the Property, Tenant shall provide Landlord with a list detailing the types and amounts of all Hazardous Substances being generated, produced, brought upon, used, stored, treated or disposed of by or on behalf of Tenant in or about or on the Premises, Building or Property and, upon Landlord’s request, copies of any manifests or other federal, state or municipal filings by Tenant with respect to such Hazardous Substances (redacted to protect confidential information to the extent such redactions are permitted by the applicable federal, state or municipal authorities having jurisdiction over such filings). Tenant agrees to pay the reasonable cost of any environmental inspection or assessment requested by any lender that holds a security interest in the Property or this Lease, or by any insurance carrier, to the extent that such inspection or assessment pertains to any release, reasonable threat of release, contamination, or a loss or damage or determination of condition related to the foregoing in the Premises, the Building, the Appurtenant Exterior AreasBuilding Site, or any other portion the Project. Notwithstanding anything to the contrary herein, in no event shall Tenant generate, produce, bring upon, use, store or treat Hazardous Substances with a risk category higher than Biosafety Level 2 as established by the Department of Health and Human Services (“DHHS”) and as further described in the Project caused DHHS publication Biosafety in Microbiological and Biomedical Laboratories (5th Edition) (as it may be or may have been further revised, the “BMBL”) or such nationally recognized new or replacement standards for the BMBL as may be reasonably selected by Tenant or any other Tenant PartyLandlord if applicable to similar facilities in the City of Cambridge).