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Delivery of Materials
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Are hazardous materials used or stored? If so, continue with the next question. If not, go to [Section 3.0].

Hazardous Materials. Subtenant shall use no Hazardous Materials in, on, under or about the Premises or the Building, except as permitted by [Section 5.3] of the Master Lease, as incorporated therein. Subject to receipt of Master Landlord’s consent, Sublandlord hereby approves of Subtenant’s use of the Hazardous Materials on the form attached hereto as Exhibit D. Subtenant hereby agrees that the obligations ofTenant” in [Section 5.3] of the Master Lease are incorporated herein by reference as specified above, including without limitation all such obligations to deliver Environmental Questionnaires (including the delivery of an Environmental Questionnaire concurrently with the execution and delivery of this Sublease), and all obligations to deliver notices, notifications, certifications, documents, environmental assessments, Environmental Reports, and Clean-up plans. In addition, Subtenant specifically acknowledges that Sublandlord shall have the obligation, and the right, to deliver all such Environmental Questionnaires and other documents and notices to Master Landlord in fulfillment of Sublandlord’s obligations to Master Landlord under the Master Lease. Sublandlord agrees to use reasonable commercial efforts to minimize the creation of duplicative or inconsistent obligations to Master Landlord and Sublandlord under [Sections 5.3.1.3(iii) and (iv), 5.3.2 and 5.3.4]4]4]4] of the Master Lease, but nothing herein shall be construed as any waiver by Sublandlord or its rights and remedies pursuant to said Sections of the Master Lease, as incorporated herein. In [Section 5.3.1.4.3], as incorporated by reference herein, the phrase “that exist in, on or about the Project as of the date hereof” shall be deleted and the following phrase shall be inserted in its place: “that exist in the Premises as of the Initial Premises Commencement Date or the Expansion Premises Commencement Date, as the case may be, and that are caused by Sublandlord and not the obligation of Master Landlord under [Section 5.1.4.1.3] of the Master Lease or a third party.”

Regulatory Materials. Ji Xing shall provide [[Cytokinetics:Organization]] with drafts in English of all Regulatory Materials in a reasonable time (in any event no less than ​ for Regulatory Materials other than an NDA or other application for Regulatory Approval, which shall be drafted and reviewed based on a schedule to be agreed by the Parties) prior to submission for review and comment, and shall consider in good faith any comments received from [[Cytokinetics:Organization]], which shall be provided within ​ of receipt. For clarity, ​. In addition, Ji Xing shall notify [[Cytokinetics:Organization]] of any Regulatory Materials submitted to or received from any Regulatory Authority in the Territory and shall provide [[Cytokinetics:Organization]] with copies thereof within ​ after submission or receipt, and shall notify [[Cytokinetics:Organization]] of any other material communication with any Regulatory Authority in the Territory within ​ after such communication. If any such Regulatory Material is not in the English language, Ji Xing shall also, ​ provide [[Cytokinetics:Organization]] with an English summary at the time of provision and a true, complete, accurate and certified English translation thereof as soon as practicable. If necessary, [[Cytokinetics:Organization]] shall assist Ji Xing in addressing any additional requirements requested by any Regulatory Authority in the Territory within a reasonable time (depending on the events), including providing existing supplementary data or documentation.

Regulatory Materials. For any Regulatory Materials and Regulatory Approvals for the Product that are held by Ji Xing or its Affiliate or sublicensees, Ji Xing shall (and shall cause its Affiliates and sublicensees to), ​.

For purposes of this Lease, the term “Hazardous Materials” means # any “hazardous material” as defined in Section 25501(n) of the California Health and Safety Code, # hydrocarbons, polychlorinated biphenyls or asbestos,

HAZARDOUS MATERIALS. For the purposes of this Survey Form, the term “hazardous material” means any raw material, product or agent considered hazardous under any state or federal law. The term does not include wastes which are intended to be discarded.

HAZARDOUS MATERIALS. Tenant shall not generate, handle, store or dispose of hazardous or toxic materials (as such materials may be identified in any federal, state or local law or regulation) in the Premises or Project without the prior written consent of Landlord. (other than di minimus quantities of customary office materials, such as ink toner, in strict compliance with applicable laws).

Regulatory Materials. AstraZeneca shall transfer and assign to the FibroGen Contracting Party(ies) as directed by FibroGen China all Regulatory Materials and Regulatory Approvals for Products in the Territory, if any, that are Controlled by AstraZeneca or its Affiliates or Sublicensees.

Promotional Materials. Betta will be responsible for the creation, preparation, production, reproduction and filing with the applicable Regulatory Authorities, of relevant written sales, promotion and advertising materials relating to Licensed Products (“Promotional Materials”) for use in the Territory. All such Promotional Materials will be # compliant with Applicable Law, and # if applicable, consistent in all material respects with the Global Branding Strategy except in relation to the Permissible Deviations. Betta will submit representative samples of its Promotional Materials to [[Agenus:Organization]] for review and comment and will consider [[Agenus:Organization]]’s comments ​; provided, however, that [[Agenus:Organization]] will have the right to require Betta to remove from any Promotional Materials any content that [[Agenus:Organization]] considers is not consistent in all material respects with the Global Branding Strategy and are not Permissible Deviations.

Other Materials. On each date on which the Company is required to deliver a certificate pursuant to Section 7(m), the Company shall have furnished to Cowen such appropriate further information, certificates and documents as Cowen may have reasonably requested. All such opinions, certificates, letters and other documents shall have been in compliance with the provisions hereof. The Company will furnish Cowen with such conformed copies of such opinions, certificates, letters and other documents as Cowen shall have reasonably requested.

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