Common use of Testing Clause in Contracts

Testing. Sublessor shall have the right to conduct tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of Sublessee’s use. Sublessee shall be required to pay the reasonable cost of such tests of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv), Sublessee shall pay all costs to conduct such tests. If no such contamination is found, Sublessor shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat Requirements. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Sublease.

Testing. Sublessor shall Landlord shall, upon reasonable prior notice to Tenant, have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures reasonably acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, upon reasonable prior notice to Tenant, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Net Laboratory 3530 ▇▇▇▇ ▇▇▇▇▇▇▇/Conkwest - Page 27 Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises only if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such Net Multi-Tenant Laboratory 75 Shoreway/Allakos - Page 26 tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor This Sub-Clause shall have apply to all tests specified in the right Contract, other than the Tests after Completion (if any). The Contractor shall provide all apparatus, assistance, documents and other information, electricity, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified and experienced staff, as are necessary to conduct carry out the specified tests efficiently. The Contractor shall agree, with the Contract Awarder, the time and place for the specified testing of any Plant, Materials and other parts of the Subleased Premises at any time that Master Lessor seeks to sell Works. The Contract Awarder may, under Clause 13 [Variations and Adjustments], vary the location or refinance the Subleased Premisesdetails of specified tests, or if Sublessor has reasonable grounds instruct the Contractor to believe carry out additional tests. If these varied or additional tests show that Hazardous the tested Plant, Materials may exist or workmanship is not in accordance with the Contract, the cost of carrying out this Variation shall be borne by the Contractor, notwithstanding other provisions of the Contract. The Contract Awarder shall give the Contractor not less than 24 hours' notice of the Contract Awarder's intention to attend the tests. If the Contract Awarder does not attend at the Subleased Premises in violation of time and place agreed, the terms of this Sublease. Such Contractor may proceed with the tests, unless otherwise instructed by the Contract Awarder, and the tests shall then be performed deemed to have been made in order to determine whether any contamination of the Subleased Premises Contract Awarder's presence. If the Contractor suffers delay and/or incurs Cost from complying with these instructions or the Project has occurred as a result of Sublessee’s use. Sublessee a delay for which the Contract Awarder is responsible, the Contractor shall give notice to the Contract Awarder and shall be required entitled subject to pay Sub-Clause 20.1 [Contractor's Claims] to: (a) an extension of time for any such delay, if completion is or will be delayed, under Sub­Clause 8.4 [Extension of Time for Completion], and (b) payment of any such Cost plus reasonable profit, which shall be added to the reasonable cost of such tests of Contract Price. After receiving this notice, the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor Contract Awarder shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv), Sublessee shall pay all costs to conduct such tests. If no such contamination is found, Sublessor shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing proceed in accordance with HazMat RequirementsSub-Clause 3.5 [Determinations] to agree or determine these matters. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein The Contractor shall promptly forward to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit Contract Awarder duly certified reports of the Subleased Premises showing tests. When the environmental condition of specified tests have been passed, the Subleased Premises and Contract Awarder shall endorse the completion of Sublessee’s Surrender Plan for Contractor's test certificate, or issue a certificate to him, to that effect. If the Subleased Premises; providedContract Awarder has not attended the tests, however, that this sentence he shall not apply if Sublessee continues be deemed to occupy have accepted the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Subleasereadings as accurate.

Testing. Sublessor Upon completion of each Milestone, the Development Team for Resonant shall notify the Development Team for Skyworks in writing, and Skyworks shall have thirty (30) days (the right “Test Period”) from the date of such notice to conduct tests of evaluate whether the Subleased Premises at any time Milestone has been met and/or test the applicable Duplexer, with Resonant’s Development Team’s full cooperation and assistance. If Skyworks determines that Master Lessor seeks the Milestone and/or the applicable Duplexer does not conform to sell or refinance the Subleased Premisesspecifications, success criteria, or requirements that are set forth in Exhibit A (or, if Sublessor has applicable, an SOW) and on Exhibit C (each such failure, a “Defect”), Skyworks shall promptly notify the Resonant Development Team of such Defects in writing (the date of such notice, the “Resonant Defect Notice Date”) and provide all reasonable grounds information and data concerning its determination that may be useful to believe that Hazardous Materials may exist at Resonant in correcting the Subleased Premises in violation of Defects. The Development Team for Resonant will make appropriate corrections and notify the terms of this SubleaseDevelopment Team for Skyworks when the corrections are complete. Such tests The Test Period shall be performed extended by an additional thirty (30) days to allow correction of such Defects and to allow for re-testing. If and when Skyworks verifies that the Milestone has been met and/or the applicable Duplexer is free from all Defects, Skyworks shall promptly notify the Resonant Development Team in order writing and such notification shall constitute “Acceptance.” If, on the other hand, Resonant is unable to determine whether any contamination of correct all Defects within thirty days (30) business days following the Subleased Premises or the Project has occurred as a result of SublesseeResonant Defect Notice Date, Skyworks’s use. Sublessee sole remedy and recourse for such failure and Defect shall be required to pay terminate this Agreement by delivering written notice to Resonant, which shall become effective 30 days after delivery, or to waive the reasonable cost failure in writing and proceed with the Development Project. If Resonant determines that a Defect or a failure to reach a Milestone is caused to any extent by a failure by Skyworks to perform its obligations set forth on Exhibit A, or due to either fab or duplexer packaging, then Resonant shall promptly notify the Development Team for Skyworks of such tests of fact in writing (the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs date of such tests notice the “Skyworks Notice Defect Date”), and provide all reasonable information and data concerning its determination that may be useful to Skyworks in correcting such matters. The Development Team for Skyworks will make appropriate corrections (including by working with the event of a sale fab or refinancing); provided, however, that if Sublessee conducts its own tests of packager) and notify the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests Development Team for Resonant when the corrections are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Partiescomplete. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Skyworks is liable under this Section 37.B.(iv), Sublessee shall pay unable to correct all costs to conduct such tests. If no such contamination is found, Sublessor shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat Requirements. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to the contrary, matters within thirty (30) business days prior following the Skyworks Defect Notice Date, Resonant’s sole remedy and recourse for such failure shall be to terminate this Agreement by delivering written notice to Skyworks, which shall become effective 30 days after delivery, or to waive the failure in writing and proceed with the Development Project. Following any such termination, none of the parties shall have any further liability to the Expiration Date or any earlier date on other and this Agreement, including all exclusivity provisions, shall terminate except for the confidentiality obligations of Section 6 which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor shall survive such a phase II environmental audit termination. Commencement of each Milestone following the first Milestone is expressly conditioned upon successful completion of the Subleased Premises showing the environmental condition immediately preceding Milestone as evidenced by Acceptance of the Subleased Premises applicable preceding Milestones and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Subleaseany applicable Duplexer.

Testing. Sublessor Landlord shall have the right right, upon reasonable advance notice to Tenant, to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order as reasonably required to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable out-of-pocket cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right (at Landlord’s cost, provided that Tenant shall be required to pay the reasonable out-of-pocket cost of any such tests if such tests identify a violation of this Section 30 or if contamination for which Tenant is responsible under this Section 30 is identified) to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat Requirementsall Environmental Requirements for which Tenant is responsible pursuant to this Section 30. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein Subject to the contraryterms of Section 32, within thirty (30) days prior Tenant shall have the right to be present in the Expiration Date or Premises during any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises testing conducted pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor shall have the right to conduct tests of the Subleased Premises If at any time that Master Lessor seeks to sell or refinance during the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation Term of the terms Lease, any Governmental Authority requires testing or inspection of this Sublease. Such tests shall be performed in order the Premises or any other part of the Property to determine whether there has been any contamination release of Hazardous Materials by reason of, or in any way related to, the use of the Subleased Premises made by Lessee or anyone claiming by, through or under Lessee (including, without limitation, any Lessee Party) then, without limiting any other right or remedy which Lessee may have on account thereof, Lessee shall reimburse Lessor, upon demand, as Additional Rent, for all costs and expenses related thereto. If, in anticipation of the Project commencement of the Lease Term or at any time during the Lease Term, Lessee or anyone claiming by, through or under Lessee performs any testing to determine whether there has occurred as been any release of Hazardous Materials from the Premises, Lessee shall promptly provide a result of Sublessee’s use. Sublessee shall be required to pay the reasonable cost copy of such tests of the Subleased Premises if they are performed due report to SublessorLessor at no charge to Lessor. Lessee shall execute such affidavits as may be requested by Lessor from time to time concerning Lessee’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors best knowledge and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information belief concerning the use presence, or threat of presence, of Hazardous Materials in or about on the Subleased Premises by Sublessee or which may have been discharged from the Premises. Lessor reserves the right to enter the Premises at reasonable times (provided twenty four (24) hours notice is given to Lessee, except in the case of emergency) and subject to Lessee’s reasonable security precautions to inspect the same for Hazardous Materials. Without limiting any Sublessee Parties. If contamination has occurred in violation other term or excess provision of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv)Lease, Sublessee Lessee shall pay all costs indemnify, defend and hold harmless Lessor and the holder of any mortgage on the Premises from time to conduct such tests. If no such contamination is foundtime from and against any claim, Sublessor shall pay the costs of such tests. Sublessee shallcost, at its sole cost and expense, promptly liability, obligation or damage, including, without limitation, reasonable attorneys’ fees and satisfactorily remediate the cost of litigation, arising from, or relating to, the breach by Lessee of any environmental conditions identified by such testing of the provisions of this Article 17 and shall immediately discharge, or cause to be discharged, any lien imposed upon the Building, the Land or the Property or the Premises in accordance with HazMat Requirements. Sublessor’s receipt of or satisfaction connection with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Subleasesuch claim.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable reasonable, actual cost of such tests annual test of the Subleased Premises only if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures reasonably acceptable to Sublessor Landlord which tests are certified to SublessorDocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Buildings B3 and B4/Singular - Page 30 Landlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the reasonable written request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-non- proprietary information concerning the use of Hazardous Materials (other than Hazardous Materials contained in products customarily used by tenants in de minimis quantities for ordinary cleaning and office purposes) in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible under this Section 30 in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor If Landlord reasonably believes that any Hazardous Materials have been released on, in, under or at the Premises in violation of this Lease or any Legal Requirement, Landlord shall have the right to conduct appropriate tests of the Subleased Premises at or any time that Master Lessor seeks portion thereof to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe demonstrate that Hazardous Materials may are present or that contamination has occurred due to the acts or omissions of any of the Tenant Parties. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Subleased Premises in violation of the terms of this SubleaseLease or any Legal Requirement. Such tests shall be performed in order If any Mortgagee or governmental authority requires testing to determine whether there has been any contamination release of the Subleased Premises or the Project has occurred Hazardous Materials and such testing is required as a result of Sublessee’s use. Sublessee the acts or omissions of any of the Tenant Parties, then Tenant shall be required to pay reimburse Landlord upon demand, as additional rent, for the reasonable costs thereof, together with interest at the Default Rate until paid in full. Further, Landlord shall have the right to request from Tenant a report from a third party safety consultant engaged by Tenant which is reasonably acceptable to Landlord, or, if Tenant does not obtain and deliver such a report to Landlord, within ten (10) Business Days of written request from Landlord and an additional five-(5)-Business-Day period following notice from Landlord, to cause a third party consultant reasonably approved by ▇▇▇▇▇▇ and retained by Landlord (“Landlord’s Safety Consultant”) to review, but not more than once in any calendar year, ▇▇▇▇▇▇’s lab operations, procedures and permits to ascertain whether or not Tenant is complying with law and adhering to best industry practices, provided that such consultant enters into a non-disclosure agreement reasonably satisfactory to Tenant and Tenant is provided a copy of any such report. ▇▇▇▇▇▇ agrees to cooperate in good faith, at no expense to Tenant (subject to the next following sentence), with any such review and to provide to such consultant any information requested by such consultant and reasonably required in order for such consultant to perform such review, but nothing contained herein shall require Tenant to provide proprietary or confidential information to such consultant. Landlord shall bear the cost of such tests of the Subleased Premises if they are performed due to SublessorLandlord’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); providedSafety Consultant, howeverunless it is determined that, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, based upon the request inspection of Sublessor, Sublessee shall deliver to Sublessor or Landlord’s Safety Consultant that Tenant is in breach of its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable obligations under this Section 37.B.(iv)17, Sublessee in which event Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor shall pay be responsible for the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified incurred by such testing Landlord in accordance with HazMat Requirements. Sublessorengaging ▇▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises Safety Consultant pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 17.4.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all reasonable costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not Net Multi-Tenant Laboratory 19 Presidential Way/Dimension - Page 27 constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right right, but not the obligation, to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorL▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor that Landlord may have against SublesseeT▇▇▇▇▇. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor Upon not less than 15 days advance written notice to Tenant, Landlord shall have the right to conduct annual tests of the Subleased Premises (at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises its sole cost except as otherwise provided in violation of the terms of this Sublease. Such tests shall be performed in order Section 30) to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of Sublessee▇▇▇▇▇▇’s use. Sublessee Landlord shall use reasonable efforts to minimize interference with ▇▇▇▇▇▇’s business during such testing. Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions which Tenant is responsible for under this Lease and which are identified by such testing in accordance with HazMat all Environmental Requirements. Sublessor▇▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the actual and reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all actual and reasonable costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). 732202571.1 Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Sublessee Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible under this Lease in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor shall Landlord shall, upon reasonable prior notice to Tenant, have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, upon reasonable prior notice to Tenant, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Upon not less than 15 days advance written notice to Tenant, Landlord shall have the right to conduct annual tests of the Subleased Premises (at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises its sole cost except as otherwise provided in violation of the terms of this Sublease. Such tests shall be performed in order Section 30) to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Landlord shall use reasonable efforts to minimize interference with Tenant’s business during such testing. Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions which Tenant is responsible for under this Lease and which are identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor shall have the right to conduct tests (a) Testing of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests Product shall be performed in order to determine whether any contamination accordance with the applicable terms of the Subleased Premises Quality Manual. (b) In the event that any delivery fails to conform to the Specifications as described in Schedule “D”, or the Project has occurred as a result of Sublessee’s use. Sublessee shall be required to pay the reasonable cost of such tests have been Formulated under conditions that do not comply with applicable FDA requirements of the Subleased Premises if they are performed due provisions of this Agreement, Bone Care may reject such shipment by giving written notice to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation Draxis within sixty (60) days after delivery of the terms of this Sublease (Master Lessor Product specifying the manner in which such delivery fails to meet the requirements thereof. Draxis shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv), Sublessee shall pay all costs to conduct such tests. If no such contamination is found, Sublessor shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat Requirements. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days within which to accept or reject Bone Care’s claims. Bone Care may withhold payment for any delivery of Product which fails to meet the requirements hereof. With respect to claims accepted by Draxis, the invoice covering such shipment will be revised to reflect that no payment is due on such rejected Product. (c) In the event of a dispute as to Section 3.1(b), such dispute shall be resolved promptly by an independent testing organization of recognized repute within the pharmaceutical industry where Bone Care intends to sell the Product, mutually chosen by the Parties, the appointment of which shall not be unreasonably delayed by either Party. The analytical methods used shall comply with FDA cGMP. Until a dispute is resolved, neither Bone Care nor Draxis will dispose of a non-conforming delivery without prior to written authorization from the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit other Party. The fees and costs of the Subleased Premises showing the environmental condition testing organization, and storage and handling of the Subleased Premises Product, shall be borne by the Party determined by such testing organization to have not fulfilled their respective obligations under this Agreement. The determination of the testing organization shall be final and binding upon the completion Parties. In the event that payment regarding a shipment is withheld by Bone Care pursuant to Section 3.1(b) and a dispute that arises regarding that shipment under that Section is resolved in favor of Sublessee’s Surrender Plan Draxis, Bone Care shall promptly make payment to Draxis for the Subleased Premises; providedfull amount of the invoice covering such shipment. Such payment shall be made notwithstanding any non-compliance of expiration date assignments under Section E of the Quality Manual, howeverwhich non-compliance is a direct result of the delays occasioned by the dispute resolution procedure specified in this Section where the dispute is resolved in favor of Draxis. Furthermore, that this sentence where a dispute is resolved in Draxis’ favour, Bone Care shall not apply if Sublessee continues assume all risks relating to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Subleasediminished Product shelf life.

Testing. Sublessor Upon not less than 15 days advance written notice to Tenant, Landlord shall have the right to conduct annual tests of the Subleased Premises (at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises its sole cost except as otherwise provided in violation of the terms of this Sublease. Such tests shall be performed in order Section 30) to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeT▇▇▇▇▇’s use. Sublessee Landlord shall use reasonable efforts to minimize interference with T▇▇▇▇▇’s business during such testing. Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non- confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions which Tenant is responsible for under this Lease and which are identified by such testing in accordance with HazMat all Environmental Requirements. SublessorL▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing)Premises; provided, however, that if Sublessee there is no reasonable, objective basis for believing that Tenant has breached its obligations under Section 30(a), Landlord shall pay the cost of such test unless the actual result of such test shows that Tenant has breached its obligations under Section 30(a). If Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such annual tests. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to be paid for by Sublesseedetermine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv30(a), Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of Sublessee’s Tenant's use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing)Premises; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified addressed directly to SublessorTenant and Landlord from the third party contractors, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant's use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement (which excepts matters required to be reported or disclosed to Governmental Authority). Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. Sublessor’s Landlord's CONFIDENTIAL - DO NOT COPY Net/Gross Multi-Tenant 500 Arsenal Street/Acusphere, Inc. - Page 25 Office/Laboratory receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right right, but not the obligation, to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorL▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor that Landlord may have against SublesseeT▇▇▇▇▇. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Sublease.Section 30(d). DOCVARIABLE #DNDocID \* MERGEFORMAT 758013178.6 Net Multi-Tenant Laboratory 8▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ – ▇▇▇▇▇ ▇▇▇/▇▇▇▇▇ Tx - Page 28

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Such tests shall be conducted at Landlord’s sole cost and expense (and not included as an Operating Expense), unless such tests are conducted pursuant to Section 21 hereof or identify contamination for which Tenant is responsible under this Section 30, in which case Tenant shall be required to pay the reasonable cost of such tests of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing)tests; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures reasonably acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. Landlord and Tenant shall cooperate with one another to schedule such testing at mutually acceptable times. Tenant shall have the right to have a representative present during such testing. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the reasonable request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible under this Section 30 in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right but not the obligation to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises Premises, the Building, or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Except in the case of emergency, Landlord shall provide reasonable advance notice of such inspections and tests, and Tenant shall have the right to have a representative present during any such inspections or testing in the Premises (provided in no event shall Landlord be required to reschedule any inspections or testing as a result of Tenant’s representative’s unavailability, and if Tenant’s representative is not available at the time of the inspection or testing, the inspection or testing will proceed without Tenant’s representative). Tenant shall be required to pay the reasonable cost of such tests under this clause (d) if Tenant is in default or Landlord has a good faith reason to believe Tenant may be in default of the Subleased Premises lease provisions related to Hazardous Materials or if they are performed due to Sublessor’s reasonable grounds Landlord has a good faith reason to believe that Hazardous Materials contamination may exist at the Subleased Premises in violation of the terms of for which Tenant is responsible under this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee Lease. If Tenant conducts its own tests (the cost of which shall be at Tenant’s sole cost and expense) of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests. In addition, at any time, and from time to time prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct additional appropriate tests of the Premises, the Building, and the Project to be paid for by Sublesseedetermine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary ActiveUS 183164559v.14 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (AOTC) / WEREWOLF THERAPEUTICS, INC. - Page 33 information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing (except for any Excluded Matters) in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor 10.1.1 The Seller shall have the right to conduct tests carry out Commissioning of the Subleased Premises at any time that Master Lessor seeks to sell or refinance Plant, testing the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist Dependable Capacity of the Plant at the Subleased Premises in violation Commercial Operations Date and testing of Dependable Capacity of the terms Plant thereafter in accordance with Clause 9.14.5 and Schedule 3 -. 10.1.2 If Two Step Operation of this Sublease. Such tests the Plant is agreed in the Minimum Functional Specifications of Schedule 1, Commissioning of the Combined Cycle Operation shall be performed in order to determine whether any contamination completed within [two] years of the Subleased Premises or the Project has occurred as a result of Sublessee’s use. Sublessee Commercial Operation Date. 10.1.3 The Purchaser shall be required given prior written notice of any testing or Commissioning procedure in accordance with Schedule 3 - and shall be entitled to pay have representatives present for the purpose of observing any such procedure. The Purchaser shall use its reasonable cost of efforts to comply promptly with all reasonable requests by the Seller for assistance in carrying out such tests testing and Commissioning. 10.1.4 If Commissioning of the Subleased Premises if they are performed due Plant [or Two Step Operation]indicates that there will be a Commissioned Shortfall, the Seller may request one additional test of Dependable Capacity to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist be conducted at the Subleased Premises Seller's expense in violation of accordance with Schedule 3 - within thirty(30) Days after the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination Plant has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv), Sublessee shall pay all costs to conduct such testsbeen Commissioned. If no such contamination additional test is foundrequested by the Seller, Sublessor the Commissioned Dependable Capacity shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing be set in accordance with HazMat Requirementsthe testcarried out pursuant to Clause 1.1. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to If such additional test is requested, then the contraryCommercial Operations Date shall be delayed until such additional test is complete, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion Commissioned Dependable Capacity shall be set in accordance with the additional test. 10.1.5 If any test after the Commercial Operations Date[or Commissioning of Sublessee’s Surrender Plan for Two Step Operation]indicates that the Subleased Premises; providedDependable Capacity has fallen by [◆ %] percentbelow the Commissioned Dependable Capacity, however, that this sentence shall not apply if Sublessee continues the Seller may request one additional test of Dependable Capacity to occupy be conducted within six (6)Days at the Subleased Premises pursuant to Seller's expense in accordance withSchedule 3 -. 10.1.6 Capacity Payments and liquidated damages provided in Clause 12.3.3 will be based at all times on the Future Lease following the expiration or earlier termination most recent completed test of this SubleaseDependable Capacity.

Testing. Sublessor Landlord shall have the right to conduct reasonably-scoped annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing)Premises; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures reasonably acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, but only if a Default is continuing hereunder or Landlord has a reasonable basis to believe that Tenant’s use of the Premises has resulted or threatens to result in a release of Hazardous Materials at, on, or from the Premises, or Landlord is so required by any Governmental Authority or Legal Requirement, then Landlord shall, upon at least 5 days’ advance written notice to Tenant, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary and non-confidential information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. Any such testing shall be performed only by qualified consultants who possess adequate types and amounts of insurance, and shall be performed in a manner that does not unreasonably interfere with Tenant’s use of the Premises for the Permitted Use. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the reasonable costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Net Multi-Tenant Laboratory 5505 Morehouse – Suite 300/RayzeBio - Page 27 Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. Sublessor’s La▇▇▇▇▇▇’▇ receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease Section 30 or if contamination for which Tenant is responsible under this Section 30 is identified Net Laboratory 29 ▇▇▇▇▇▇▇▇/Rana Development - Page 26 (Master Lessor otherwise Landlord shall pay the such testing costs of such tests in the event of a sale or refinancingwhich shall not constitute an Operating Expense); provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all reasonable costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises Promises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); Premises: provided, however, that if Sublessee there is no reasonable, objective basis for believing that Tenant has breached its obligations under Section 30(a), Landlord shall pay the cost of such test unless the actual result of such test shows that Tenant has breached its obligations under Section 30(a), If Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such annual tests. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to be paid for by Sublesseedetermine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If It contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee is Tenant Is liable under this Section 37.B.(iv30(a), Sublessee . Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non- confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor 10.1.1 The Seller shall have the right to conduct tests carry out Commissioning of the Subleased Premises at any time that Master Lessor seeks to sell or refinance Plant, testing the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist Dependable Capacity of the Plant at the Subleased Premises in violation Commercial Operations Date and testing of Dependable Capacity of the terms Plant thereafter in accordance with Clause 9.14.5 and Schedule 3 -. 10.1.2 If Two Step Operation of this Sublease. Such tests the Plant is agreed in the Minimum Functional Specifications of Schedule 1, Commissioning of the Combined Cycle Operation shall be performed in order to determine whether any contamination completed within [two] years of the Subleased Premises or the Project has occurred as a result of Sublessee’s use. Sublessee Commercial Operation Date. 10.1.3 The Purchaser shall be required given prior written notice of any testing or Commissioning procedure in accordance with Schedule 3 - and shall be entitled to pay have representatives present for the purpose of observing any such procedure. The Purchaser shall use its reasonable cost of efforts to comply promptly with all reasonable requests by the Seller for assistance in carrying out such tests testing and Commissioning. 10.1.4 If Commissioning of the Subleased Premises if they are performed due Plant [or Two Step Operation]indicates that there will be a Commissioned Shortfall, the Seller may request one additional test of Dependable Capacity to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist be conducted at the Subleased Premises Seller's expense in violation of accordance with Schedule 3 - within thirty(30) Days after the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination Plant has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv), Sublessee shall pay all costs to conduct such testsbeen Commissioned. If no such contamination additional test is foundrequested by the Seller, Sublessor the Commissioned Dependable Capacity shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing be set in accordance with HazMat Requirementsthe testcarried out pursuant to Clause 1.1. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to If such additional test is requested, then the contraryCommercial Operations Date shall be delayed until such additional test is complete, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion Commissioned Dependable Capacity shall be set in accordance with the additional test. 10.1.5 If any test after the Commercial Operations Date[or Commissioning of Sublessee’s Surrender Plan for Two Step Operation]indicates that the Subleased Premises; providedDependable Capacity has fallen by [ %] percentbelow the Commissioned Dependable Capacity, however, that this sentence shall not apply if Sublessee continues the Seller may request one additional test of Dependable Capacity to occupy be conducted within six (6)Days at the Subleased Premises pursuant to Seller's expense in accordance withSchedule 3 -. 10.1.6 Capacity Payments and liquidated damages provided in Clause 12.3.3 will be based at all times on the Future Lease following the expiration or earlier termination most recent completed test of this SubleaseDependable Capacity.

Testing. Sublessor 10.1.1 The Seller shall have the right to conduct tests carry out Commissioning of the Subleased Premises at any time that Master Lessor seeks to sell or refinance Plant, testing the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist Dependable Capacity of the Plant at the Subleased Premises in violation Commercial Operations Date and testing of Dependable Capacity of the terms Plant thereafter in accordance with this Clause 10 and Schedule 3 -. 10.1.2 If Two Step Operation of this Sublease. Such tests the Plant is agreed in the Minimum Functional Specifications of Schedule 1, Commissioning of the Combined Cycle Operation shall be performed in order to determine whether any contamination completed within [two] years of the Subleased Premises or the Project has occurred as a result of Sublessee’s use. Sublessee Commercial Operation Date. 10.1.3 The Purchaser shall be required given prior written notice of any testing or Commissioning procedure in accordance with Schedule 3- and shall be entitled to pay have representatives present for the purpose of observing any such procedure. The Purchaser shall use its reasonable cost of efforts to comply promptly with all reasonable requests by the Seller for assistance in carrying out such tests testing and Commissioning. 10.1.4 If Commissioning of the Subleased Premises if they are performed due Plant [or Two Step Operation]indicates that there will be a Commissioned Shortfall, the Seller may request one additional test of Dependable Capacity to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist be conducted at the Subleased Premises Seller's expense in violation of accordance with Schedule 3 - within thirty(30) Days after the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor shall accept such tests in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination Plant has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(iv), Sublessee shall pay all costs to conduct such testsbeen Commissioned. If no such contamination additional test is foundrequested by the Seller, Sublessor the Commissioned Dependable Capacity shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing be set in accordance with HazMat Requirementsthe test carried out pursuant to Clause 10.1.1. Sublessor’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein to If such additional test is requested, then the contraryCommercial Operations Date shall be delayed until such additional test is complete, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion Commissioned Dependable Capacity shall be set in accordance with the additional test. 10.1.5 If any test after the Commercial Operations Date[or Commissioning of Sublessee’s Surrender Plan for Two Step Operation]indicates that the Subleased Premises; providedDependable Capacity has fallen by [◆ %] percent below the Commissioned Dependable Capacity, however, that this sentence shall not apply if Sublessee continues the Seller may request one additional test of Dependable Capacity to occupy be conducted within six (6)Days at the Subleased Premises pursuant to Seller's expense in accordance withSchedule 3 -. 10.1.6 Capacity Payments and liquidated damages provided in Clause 12.3.3 will be based at all times on the Future Lease following the expiration or earlier termination most recent completed test of this SubleaseDependable Capacity.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s useuse (no more frequently than once per calendar year). Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to be paid for by Sublesseedetermine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. Sublessor▇▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor Landlord shall have the right but not the obligation to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises Premises, the Building, or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Except in the case of emergency, Landlord shall provide reasonable advance notice of such inspections and tests, and Tenant shall have the right to have a representative present during any such inspections or testing in the Premises (provided in no event shall Landlord be required to reschedule any inspections or testing as a result of Tenant’s representative’s unavailability, and if Tenant’s representative is not available at the time of the inspection or testing, the inspection or testing will proceed without Tenant’s representative). Tenant shall be required to pay the reasonable cost of such tests under this clause (d) if Tenant is in default or Landlord has a good faith reason to believe Tenant may be in default of the Subleased Premises lease provisions related to Hazardous Materials or if they are performed due to Sublessor’s reasonable grounds Landlord has a good faith reason to believe that Hazardous Materials contamination may exist at the Subleased Premises in violation of the terms of for which Tenant is responsible under this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee Lease. If Tenant conducts its own tests (the cost of which shall be at Tenant’s sole cost and expense) of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests. In addition, at any time, and from time to time prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct additional appropriate tests of the Premises, the Building, and the Project to be paid for by Sublesseedetermine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing (except for any Excluded Matters) in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor shall Landlord shall, upon reasonable prior notice to Tenant, have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures reasonably acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, upon reasonable prior notice to Tenant, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Sublease.Net Laboratory 4796 Executive/Otonomy - Page 27

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Net Multi-Tenant Laboratory 5505 Morehouse – Suite 300/RayzeBio - Page 27 Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. Sublessor▇▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor Landlord shall have the right right, upon reasonable advance written notice to Tenant, to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the Premises during such performance of testing pursuant to this Section 30(d). Tenant shall only be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such annual tests. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right, upon reasonable advance written notice to Tenant, to conduct appropriate tests of the Premises and the Project to be paid for by Sublesseedetermine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible under this Lease in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right right, but not the obligation, to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. Sublessor▇▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor that Landlord may have against Sublessee▇▇▇▇▇▇. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Sublease.Section 30(d). DOCVARIABLE #DNDocID \* MERGEFORMAT 758013178.6 Net Multi-Tenant Laboratory ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ – ▇▇▇▇▇ ▇▇▇/Cargo Tx - Page 28

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the actual and reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all actual and reasonable costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee 732202571.1 Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible under this Lease in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against SublesseeTenant. Notwithstanding anything herein Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).

Testing. Sublessor If any Mortgagee or Governmental Authority requires testing to determine whether there has been any release of Hazardous Materials and such testing is required as a result of the acts or omissions of any of the Tenant Parties, then Tenant shall reimburse Landlord within thirty (30) days after written demand, as Additional Rent, for the reasonable costs thereof, together with interest at the Lease Interest Rate until paid in full. Tenant shall execute certifications as may be reasonably requested by Landlord from time to time concerning Tenant’s best knowledge and belief concerning the presence of Hazardous Materials in or on the Premises, the Building or the Property as a result of the activities of Tenant or any Tenant Parties. In addition to the foregoing, if Landlord reasonably believes that any Hazardous Materials have been released on the Premises by Tenant or any Tenant Parties in violation of this Lease or any Legal Requirement, Landlord shall have the right to conduct appropriate tests of the Subleased Premises at or any time that Master Lessor seeks portion thereof to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe demonstrate that Hazardous Materials may are present or that contamination has occurred due to the acts or omissions of any of the Tenant Parties. Tenant shall pay all reasonable costs of such tests if such tests reveal that Tenant or any Tenant Party has caused Hazardous Materials to exist at the Subleased Premises in violation of this Lease or any Legal Requirement. Further, Landlord shall have the terms of this Sublease. Such tests shall be performed in order right to determine whether any contamination of the Subleased Premises or the Project has occurred as cause a result of Sublesseethird party consultant retained by Landlord, at Landlord’s use. Sublessee shall be required to pay the reasonable cost of such tests of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease expense (Master Lessor shall pay the costs of such tests in the event of a sale or refinancing); provided, however, that if Sublessee conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor which tests are certified to Sublessor, Sublessor such costs shall accept such tests be included in lieu of such tests to be paid for by Sublessee. In connection with such testing, upon the request of Sublessor, Sublessee shall deliver to Sublessor or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee or any Sublessee Parties. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee is liable under this Section 37.B.(ivOperating Expenses), Sublessee shall pay all costs to conduct review, but not more than once in any calendar year, Tenant’s lab operations, procedures and permits to ascertain whether or not Tenant is complying with law and adhering to best industry practices. Tenant agrees to cooperate in good faith with any such tests. If no review and to provide to such contamination is found, Sublessor shall pay the costs of such tests. Sublessee shall, at its sole cost and expense, promptly and satisfactorily remediate consultant any environmental conditions identified information requested by such testing consultant and reasonably required in accordance with HazMat Requirements. Sublessor’s receipt of order for such consultant to perform such review, but nothing contained herein shall require Tenant to provide proprietary or satisfaction with any environmental assessment in no way waives any rights which Sublessor may have against Sublessee. Notwithstanding anything herein confidential information to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this Subleasesuch consultant.

Testing. Sublessor Upon not less than 15 days advance written notice to Tenant, Landlord shall have the right to conduct annual tests of the Subleased Premises (at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises its sole cost except as otherwise provided in violation of the terms of this Sublease. Such tests shall be performed in order Section 30) to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business during such testing. Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible hereunder in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is a violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all reasonable costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not Net Multi-Tenant Laboratory 19 Presidential Way/Frequency - Page 27 constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance with HazMat all Environmental Requirements. SublessorLandlord’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor Landlord may have against Sublessee. Notwithstanding anything herein to the contrary, within thirty (30) days prior to the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseTenant.

Testing. Sublessor Landlord shall have the right right, upon reasonable advance written notice to Tenant, to conduct annual tests of the Subleased Premises at any time that Master Lessor seeks to sell or refinance the Subleased Premises, or if Sublessor has reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in violation of the terms of this Sublease. Such tests shall be performed in order to determine whether any contamination of the Subleased Premises Premises, the Property or the Project has occurred as a result of SublesseeTenant’s use. Sublessee Tenant shall be required to pay the reasonable out-of-pocket cost of such tests annual test of the Subleased Premises if they are performed due to Sublessor’s reasonable grounds to believe that Hazardous Materials may exist at the Subleased Premises in there is violation of the terms of this Sublease (Master Lessor shall pay the costs of such tests in the event of a sale Section 30 or refinancing)if contamination for which Tenant is responsible under this Section 30 is identified; provided, however, that if Sublessee Tenant conducts its own tests of the Subleased Premises using third party contractors and test procedures reasonably acceptable to Sublessor Landlord which tests are certified to SublessorLandlord, Sublessor Landlord shall accept such tests in lieu of such the annual tests to be paid for by SublesseeTenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination of the Term, Landlord shall have the right, upon reasonable advance written notice to Tenant, to conduct appropriate tests of the Premises and the Project to determine if contamination has occurred as a result of Tenant’s use of the Premises. In connection with such testing, upon the request of SublessorLandlord, Sublessee Tenant shall deliver to Sublessor Landlord or its consultant such non-proprietary information concerning the use of Hazardous Materials in or about the Subleased Premises by Sublessee Tenant or any Sublessee PartiesTenant Party. If contamination has occurred in violation or excess of the HazMat Requirements for which Sublessee Tenant is liable under this Section 37.B.(iv)30, Sublessee Tenant shall pay all costs to conduct such tests. If no such contamination is found, Sublessor Landlord shall pay the costs of such teststests (which shall not constitute an Operating Expense). Sublessee Landlord shall provide Tenant with a copy of all third party, non-confidential reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject to a confidentiality agreement. Tenant shall, at its sole cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing for which Tenant is responsible under this Lease in accordance with HazMat all Environmental Requirements. Sublessor▇▇▇▇▇▇▇▇’s receipt of or satisfaction with any environmental assessment in no way waives any rights which Sublessor that Landlord may have against Sublessee▇▇▇▇▇▇. Notwithstanding anything herein Subject to the contraryterms of Section 32 below, within thirty (30) days prior Tenant shall have the right to have a Tenant representative present while Landlord conducts tests in the Expiration Date or any earlier date on which this Sublease terminates, Sublessee shall, at Sublessee’s sole expense, deliver to Sublessor a phase II environmental audit of the Subleased Premises showing the environmental condition of the Subleased Premises and the completion of Sublessee’s Surrender Plan for the Subleased Premises; provided, however, that this sentence shall not apply if Sublessee continues to occupy the Subleased Premises pursuant to the Future Lease following the expiration or earlier termination of this SubleaseSection 30(d).