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General. Tenant shall use the Premises for the permitted use specified in the Basic Lease Information (“Permitted Use”) and for no other use or purpose. Uses incidental to a general business office use in the Premises may include # storage areas for records, furniture, equipment, and supplies of the type customarily used by office building tenants, # kitchen, lunchroom, Cafeteria, vending area, lounge, or break areas, # training centers, meetings, and conference rooms, # gym, exercise facilities and game rooms, and # printing, mail handling, duplicating, reproduction, photographic word processing, data processing, communications, and such other communication technology areas as customarily needed by office building tenants, except as limited by Paragraph 4.2 and provided that such uses described in [clauses [(a) through (e)]] are consistent with the usage of a Comparable Building, comply with Applicable Laws, the Recorded Documents (as defined in Paragraph 4.2), the provisions of Paragraph 43 regarding the Cafeteria, and the Rules and Regulations (as defined in Paragraph 5) and do not result in an increase in any costs (including costs of insurance) or liabilities to Landlord, unless Tenant agrees to pay the same. So long as Tenant is occupying the Premises, Tenant and Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees and subtenants (each a “Tenant Party” and collectively, “Tenant Parties”) shall have the nonexclusive right to use, in common with other parties occupying the Building or Project, the portions of the Building or Project that are designated from time to time by Landlord for such common use (the “Common Areas”), subject to the terms of this Lease and the Rules and Regulations. Landlord reserves the right, without notice or liability to Tenant, and without the same constituting an actual or constructive eviction, to alter or modify the Common Areas from time to time, including the location and configuration thereof, and the amenities and facilities which Landlord may determine to provide from time to time, provided that no such alterations or modifications materially and adversely impair Tenant’s use of or access to the Premises or the Project.

Section # Employee Benefit Matters. QSHI does not have any employment, consulting, deferred compensation, pension benefit, retirement, compensation, options, bonus, performance award, phantom equity, stock or stock-based, change in control, incentive, profit-sharing, retention, severance, vacation, paid time-off (PTO), medical, vision, dental, disability, welfare, Internal Revenue Code Section 125 cafeteria, fringe benefit, other similar agreement, plan, policy, program, or arrangement (and any amendments thereto), in each case whether or not reduced to writing and whether funded or unfunded, maintained, sponsored, contributed to, or required to be contributed to by QSHI for the benefit of any current or former employee, officer, director, retiree, independent contractor, or consultant of QSHI, or any spouse or dependent of such individual, or under which QSHI or any of its Affiliates for purposes of the Employee Retirement Income Security Act of 1974, as amended, and the regulations promulgated thereunder (“ERISA”) would reasonably be expected to have any Liability, contingent or otherwise (each, a “Benefit Plan”).

2.3No Employee Benefits. Contractor (a) acknowledges and agrees that Contractor will not receive or be eligible to receive from Cantel or any of its affiliates or subsidiaries any benefits provided to employees of Cantel or any of its affiliates or subsidiaries; (b) hereby declines all offers of employee benefits from Cantel or its affiliates or subsidiaries; and (c) to the extent permitted by law, waives any and all rights and claims to such employee benefits. Contractor agrees that the provisions of this Section apply even if Contractor is found or determined to be a statutory or common law employee of Cantel for any purpose (provided that this provision shall not be interpreted to waive any claims to which Contractor may have to employee benefits accrued as an employee of Cantel prior to the date of this Agreement). The employee benefits to which this Section applies, include, but are not limited to, the following benefits which may currently, or hereafter, be offered by Cantel under any agreement, plan, program, arrangement or otherwise: health, sickness, accident, dental, life, disability and accidental death and dismemberment coverage, whether insured or self-insured; disability, severance, vacation and other paid time off; child care, tuition benefits, profit sharing, cafeteria plans, pension and 401(k); all other types of retirement plans or programs; and any incentive, bonus (whether in cash or equity) or deferred compensation plan or program.

Employee Benefit Plan” means any employee benefit plan and each other plan, policy, program practice, agreement, understanding or arrangement (whether written or oral) providing compensation or other benefits to any current or former director, officer, employee or consultant (or to any spouse, dependent or beneficiary thereof) of the Company or any Affiliate, maintained, sponsored or contributed to by the Company or any Affiliate, or under which the Company or any Affiliate has or may have any obligation or liability, whether actual or contingent, including, without limitation, all personnel policy, collective bargaining, bonus (including transaction bonus), incentive compensation, stock option, restricted stock, phantom stock, stock unit, stock appreciation right, deferred stock, performance share, performance share unit, employee stock ownership, stock purchase, equity or equity-based phantom equity, deferred compensation, change in control, employment, consulting, retention, noncompetition, nondisclosure, vacation, holiday, sick leave, severance, retirement, supplemental retirement, defined benefit, defined contribution, pension, money purchase, target benefit, cash balance, pension equity, savings, profit sharing, supplemental or executive retirement, excess benefit, medical, dental, vision, life insurance, cafeteria, adoption assistance, dependent care assistance, health savings, health reimbursement, flexible spending, voluntary employees beneficiary, multiple employer welfare, accident, disability, long-term care, employee assistance, scholarship, fringe benefit, expense reimbursement, welfare benefit, paid time off, employee loan, salary continuation and other benefit or similar plan, policy, program, practice, agreement, understanding or arrangement, including any trust, escrow, funding, insurance or other agreement related thereto.

Tenant shall, upon expiration or sooner termination of this Lease, surrender the Premises to Landlord in the same condition as existed on the date Tenant originally took possession thereof, including, but not limited to, all interior walls cleaned, all interior painted surfaces repainted in the original color, all holes in walls repaired, all carpets shampooed and cleaned, and all floors cleaned, waxed, and free of any Tenant-introduced marking or painting, all to the reasonable satisfaction of Landlord and in compliance with the provisions of Paragraphs 11, 12, and 13. Tenant shall remove all of its debris from the Project. At or before the time of surrender, Tenant shall comply with the terms of Paragraph 12 with respect to the removal of Alterations to the Premises, Paragraph 13 with respect to the removal of Tenant’s Signs, Paragraph 43.4 with respect to the Cafeteria Restoration Work and Section 10 of the Tenant Improvement Agreement with respect to the removal of Tenant Improvements. To the extent any such provisions of the Lease or the Tenant Improvement Agreement require Tenant to remove Alterations, Tenant’s Signs or Tenant Improvements or perform Cafeteria Restoration Work, Tenant, at Tenant’s expense, shall remove such items and perform such repair and restoration work prior to the expiration or upon the earlier termination of this Lease. At Tenant’s option, Tenant may elect to have Landlord perform such work provided that Landlord and Tenant agree upon the costs to perform such removal, repair and restoration work and Tenant pays to Landlord the amount of such costs prior to the expiration or earlier termination of the Lease. If the Premises are not so surrendered (or the costs of the removal, repair and restoration work so paid, if applicable) at the expiration or sooner termination of this Lease, the provisions of Paragraph 26 shall apply. All keys to the Premises or any part thereof shall be surrendered to Landlord upon expiration or sooner termination of the Term. Tenant shall give written notice to Landlord at least thirty (30) days prior to vacating the Premises and shall meet with Landlord for a joint inspection of the Premises at the time of vacating, but nothing contained herein shall be construed as an extension of the Term or as a consent by Landlord to any holding over by Tenant. In the event of Tenant’s failure to give such notice or participate in such joint inspection, Landlord’s inspection at or after Tenant’s vacating the Premises shall conclusively be deemed correct for purposes of determining Tenant’s responsibility for repairs and restoration. Any delay caused by Tenant’s failure to carry out its obligations under this Paragraph 36 beyond the term hereof, shall constitute unlawful and illegal possession of Premises under Paragraph 26 hereof. Any personal property of any kind remaining in the Premises after the expiration or sooner termination of this Lease shall become the personal property of Landlord. Tenant hereby relinquishes all right, title and interest in the personal property and agrees that Landlord may dispose of the personal property as it sees fit in its sole discretion. Tenant waives the provisions of California Civil Code Sections 1980 et seq. and 1993 et seq. governing the disposal of lost or abandoned property, and releases Landlord and Landlord Parties from any and all Losses, whether now known or unknown, arising out of or relating to disposal of personal property remaining in the Premises after the expiration or sooner termination of this Lease.

Section # Medical, Dental, and Vision Coverage. Except as provided otherwise in an applicable Schedule, if a Participant is eligible to elect continuation coverage under COBRA in accordance with the terms of the medical, dental, and/or vision plan of the Employer and properly and timely elects such continuation coverage, the Employer shall provide subsidized COBRA coverage during the COBRA Severance Period. During such period, the Employer shall pay on behalf of the Participant an amount equal to the difference between # the premiums the employee would have paid for active coverage if he or she had remained employed and # the COBRA Premiums. The Employer’s payments shall be made to the entity funding the applicable plan coverage and not directly to the Participant. The Participant must pay his or her share of the COBRA Premiums and may not have the premium cost withheld from the Severance Pay nor contributed to any cafeteria plan or flexible spending account. After the COBRA Severance Period ends, the Participant shall be responsible for paying the full cost of any remaining COBRA coverage at the rate of 102% of the full COBRA Premium cost (i.e., 102% of both the employee and the employer premium costs). The Employers shall not pay any portion of the COBRA Premiums for longer than the COBRA Severance Period, regardless of whether the Participant or his or her eligible dependents have an additional qualifying event under COBRA. Notwithstanding the foregoing, if COBRA is no longer required to be provided to a Participant under the federal laws governing COBRA, all payments of COBRA Premiums for that Participant under this Plan will also end.

Prohibition Against Hazardous Material. Tenant shall not cause, or allow any of Tenant Parties to cause, any Hazardous Materials (as defined below) to be handled, used, generated, stored, released or disposed of in, on, under or about the Premises, the Building or the Project or surrounding land or environment in violation of any Applicable Laws. Tenant must obtain Landlord’s written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for general office purposes (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises, the Hazardous Materials necessary for the operation and maintenance of the Emergency Generator allowed pursuant to Paragraph 41 and the Hazardous Materials necessary for the operation of a Cafeteria pursuant to Paragraph 43; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or Project or surrounding land or environment. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord and the Landlord Parties harmless from and against any and all Losses directly or indirectly arising out of or related to the use, generation, handling, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant Parties in, on, under or about the Premises, the Building or the Project or surrounding land or environment (even though the same may be permissible under all Applicable Laws or the provisions of this Lease), which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the consent by Landlord to the use, generation, storage, release or disposal of Hazardous Materials nor the strict compliance by Tenant with all Applicable Laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification pursuant to this Paragraph 4.4.1. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease

(a) “Operating Expenses” shall mean any or all expenses incurred by Landlord in connection with the operation of the Building, including: # salaries, wages, medical, surgical and general welfare benefits, (including group life insurance) pension payments and other fringe benefits of employees of Landlord engaged in the operation and maintenance of the Building; # payroll taxes, worker’s compensation, uniforms and dry cleaning for the employees referred to in subdivision (i); # the cost of all charges for steam, heat, ventilation, air conditioning and water (including sewer rental and taxes) furnished to the Building and/or used in the operation of all of the service facilities of the Building and the cost of all charges for electricity furnished to the public and service facilities of the Building including any taxes on any of such utilities, less actual costs for utilities whether or not directly metered to but payable, other than as a part of Operating Expenses, by any tenant; # the cost of all charges for rent, hazard, casualty, war risk insurance (if obtainable from the United States government) and liability insurance for the Building carried by Landlord; # the cost of all building and cleaning supplies for the common areas of the building and charges for telephone for the Building; # the cost of all charges for the management of the Building (if there is no managing agent for the Building, a sum in lieu thereof which is not in excess of the then prevailing rates for managing agents of other first class office buildings in Manhattan); # the cost of all charges for window cleaning and service contracts with independent contractors for the common areas of the Building; # the cost of compliance by Landlord with any federal, state, municipal or local ordinances hereafter enacted which affect the Land and/or the Building; # the cost relating to the maintenance and operation of the elevators in the Building; # the cost relating to protection and security; # the cost relating to lobby decorations and interior and exterior landscape maintenance; # repairs, replacements and improvements which are appropriate for the continued operation of the Building; # painting of non-tenanted areas; # professional and consulting fees; and # association fees or dues. Notwithstanding the foregoing. Operating Expenses shall not include # the cost of painting and decoration for any tenant’s space or any leaseable space; # administrative wages and salaries, including executive compensation; # renting commissions; # franchise taxes or income taxes of Landlord; # Taxes; # the cost of providing overtime heat and air-conditioning to tenants of the Building to the extent that the same are not provided to all tenants or are payable by the tenants for whom such services are provided; # the cost of any work or service provided to any tenant of the Building that is not provided to Tenant; # debt service and amortization on mortgages; # rent paid under superior leases; # any expense to the extent Landlord is compensated or reimbursed through the proceeds of insurance or is otherwise compensated or reimbursed by any tenant (including Tenant) of the Building; # depreciation; # transfer, gains, inheritance, estate, gift, franchise or income taxes imposed upon Landlord; # financing and refinancing costs, including legal fees; # costs and expenses incurred by Landlord in connection with the sale or the rental of the Land or the Building, or in connection with the purchase or sale of any “air” or “development” rights; # the cost of investment grade art; # the cost of electrical energy furnished directly to Tenant and other tenants of the Building and to any other leasable space in the Building; # the cost of installations and decorations and all other costs and expenses incurred in connection with preparing or renovating space for a tenant and all contributions foe tenant improvement work; # costs incurred to remove, encapsulate or otherwise abate asbestos, asbestos-containing materials or other hazardous materials in the Building; # capital expenses; # legal fees incurred in connection with any negotiations of, or disputes arising out of, any space lease in the Building, or for obtaining approvals from or otherwise dealing or negotiating with mortgagees or lessors or providing reports and information thereto or therefor; # lease takeover costs incurred by Landlord in connection with entering into leases in the Building and costs incurred by Landlord to relocate tenants in the Building in order to consummate a specific lease or accomodate a specific tenant’s request; # costs relating to withdrawal liability or unfunded pension liability under the Multi-Employer Pension Act or similar law; # the cost of any work or services performed or other expenses incurred in connection with the installation, operation and maintenance of a specialty facility at the Building such as an observatory, athletic or recreational club, broadcasting facility, child care or similar facility or luncheon club, cafeteria or dining facility; (xxxviii) any compensation paid to clerks, attendants or other persons in commercial concessions owned or operated by Landlord or its affiliates in the Building; # costs, if any, incurred by Landlord for the benefit of retail tenants or any other similar group of tenants or any single tenant in the Building; (xl) governmental fines and penalties; (xli) the cost of maintaining, organizing or reorganizing the entity that is Landlord; (xlii) the cost of complying with any violation of any legal or insurance requirement existing on the date hereof. (xliii) the cost of rentals of capital equipment; (xliv) the cost of improvements made or equipment acquired by Landlord with respect to the maintenance and/or operation of the Land and/or Building, which, under generally accepted accounting principles would be amortized; (xlv) any utility services rendered to retail tenants in excess of those rendered to non-retail tenants of the Building.

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