AUDITS OF THE PREMISES TO ENSURE AND VERIFY SUBTENANT'S COMPLIANCE WITH THIS
SECTION 35, UPON THREE (3) BUSINESS DAYS ADVANCE WRITTEN NOTICE TO SUBTENANT.
SUBTENANT AGREES TO COOPERATE WITH THE PERSON OR ENTITY CONDUCTING SAID AUDIT
AND TO SUPPLY ALL INFORMATION REASONABLY REQUESTED IN CONNECTION THEREWITH.
SUBTENANT SHALL PAY THE COST OF SUCH AUDIT IF SUCH AUDIT DISCLOSES THAT
SUBTENANT HAS
MATERIALLY VIOLATED ANY OF THE PROVISIONS OF THIS SECTION 35;
OTHERWISE, THE
COST OF SAID AUDIT SHALL BE PAID FOR BY OVERLANDLORD.
(I)
SUBTENANT SHALL NOT DISPOSE OF ANY HAZARDOUS MATERIALS AT THE
PROJECT (INCLUDING, WITHOUT LIMITATION, PLACING, OR PERMITTING ANY HAZARDOUS
MATERIALS TO BE PLACED INTO THE SEWER SYSTEM SERVICING THE PROJECT), EXCEPT AS
PERMITTED BY LAW IN APPROVED AND ENVIRONMENTALLY SAFE CONTAINERS WHICH SUBTENANT
WILL DISPOSE OF OFF-SITE.
SUBTENANT SHALL GIVE OVERLANDLORD WRITTEN NOTICE
ANNUALLY (AND FROM TIME TO TIME, IF CHANGED) OF THE NAME, ADDRESS AND TELEPHONE
NUMBER OF THE CONTRACTOR THAT WILL BE RESPONSIBLE FOR REMOVAL OF ALL HAZARDOUS
MATERIALS DISPOSED OF BY SUBTENANT FROM THE PREMISES AND/OR THE PROJECT.
(J)
SUBTENANT SHALL PROVIDE OVERLANDLORD WITH A COPY OF ITS CHEMICAL
HYGIENE PLAN (AS SET FORTH IN OSHA 1910.1450) ANNUALLY, OR MORE OFTEN AS AND
WHEN IT IS AMENDED.
36.
SURVIVAL.
THE PROVISIONS OF SECTIONS 32-34, AND 36 HEREOF SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS SUBLEASE.
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IN WITNESS WHEREOF, Sublandlord and Subtenant have duly executed this Sublease,
as an instrument under seal, as of the day and year first above written.
SUBLANDLORD:
EXACT SCIENCES CORPORATION
By:
/s/ Charles R. Carelli, Jr.
Name:
Charles R. Carelli, Jr.
Title:
Vice President, Chief Financial Officer,
Treasurer and Secretary
SUBTENANT:
QTEROS, INC.
By:
/s/ Stephan Rogers
Name:
Stephan Rogers
Title:
Chief Operating Officer