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2.2. Specific Conditions of Tenant's Work. Tenant may design and install as part
<br /> of Tenant's Work access control and security systems at the Premises, which may include without
<br /> limitation exterior security cameras,and shall thereafter have the right to operate such systems and shall
<br /> reasonably cooperate with Landlord to provide Landlord access to the Premises (e.g. by providing
<br /> Landlord with a key card or similar access mechanism)as required for Landlord access to the Premises
<br /> under the Lease with such access pursuant to Section 8 of this Lease. Tenant's Work may include
<br /> without limitation installation of an exclusive entrance to the Premises at a location approved by
<br /> Landlord for exclusive use by Tenant and Tenant's invitees (such exclusive entrance, the "Tenant
<br /> Exclusive Entrance"), installation and plumbing of restrooms in the Premises for exclusive use by
<br /> Tenant, and installation of a kitchen and warming pantry in the Premises for Tenant's exclusive use.
<br /> Additionally,Tenant will have the right to install and use an age-appropriate playground on the Property
<br /> at mutually agreeable times,with such installation as part of Tenant's Work and in a location reasonably
<br /> approved by Landlord and in the location shown in Exhibit A. To Landlord's actual knowledge, the
<br /> Property does not as of the Effective Date contain hazardous substances or wastes,toxic and nontoxic
<br /> pollutants and contaminants(including,but not limited to,petroleum products and asbestos Hazardous
<br /> Materials (defined below)) that would require remediation under laws applicable to transit stations
<br /> serving the general public. In the event Hazardous Materials are identified at the Premises during the
<br /> term of this Lease that would require remediation under applicable law,Tenant may i)elect to terminate
<br /> this Lease immediately without any further obligation or ii)work with Landlord to develop a mutually
<br /> agreeable remediation plan. The Parties acknowledge that Tenant's Work is necessary for Tenant to
<br /> provide Tuition-Free Education and Services. Accordingly, for the duration of Tenant's Work up to
<br /> one year after the Commencement Date (or such later date not later than December 31, 2023 [unless
<br /> extended by the Mayor in writing],as may be reasonably necessary for delays to Tenant's Work or the
<br /> launch of the Tuition-Free Education and Services that are reasonably outside of Tenant's control),
<br /> Tenant will be deemed to be providing such Tuition-Free Education and Services.
<br /> 3. Utilities;Taxes.Landlord shall provide the following services to the Premises: water,
<br /> electricity, sewer, and heating, ventilation and air conditioning("HVAC') for the Premises seven(7)
<br /> days per week,twenty-four(24)hours per day. Landlord shall be responsible for paying any and all
<br /> property taxes for the Property,except Leasehold Excise Tax. As a provider of early learning services
<br /> for a group of children for periods of less than twenty-four hours, Tenant will apply for an exemption
<br /> from Leasehold Excise Tax under RCW 84.36.040 and WAC 458-16-260. Provided, however, if the
<br /> Washington Department of Revenue finds that any Leasehold Excise Tax for the Premises is owed
<br /> during the term, then payment of Leasehold Excise Tax for the Premises, if any, will be the sole
<br /> responsibility of the Tenant. If Tenant qualifies for an exemption to the Leasehold Excise Tax,Tenant
<br /> will obtain and maintain an exemption certificate from the Washington Department of Revenue and
<br /> provide it to Landlord upon reasonable request. Tenant shall pay the cost of water, sewer, electricity
<br /> and HVAC supplied to the Premises. Landlord shall use a reasonable method to allocate the
<br /> proportionate costs of the forgoing to Tenant, and Tenant shall reimburse Landlord on a monthly (or
<br /> quarterly, if so decided by Landlord) basis upon receipt of an invoice from Landlord. To the extent
<br /> water and electricity are separately metered, Tenant shall, at Landlord's request, pay directly to the
<br /> provider the cost of such services supplied to the Premises. Tenant shall furnish and pay, at Tenant's
<br /> sole expense, all other utilities (including, but not limited to, janitorial, trash, telephone, cable and
<br /> internet service if available) and other services which Tenant requires with respect to the Premises.
<br /> Landlord shall in no case be liable for damages (including consequential damages) or in any way be
<br /> responsible for the loss to Tenant of such services arising from the failure of, diminution of or
<br /> interruption of such services to the Premises, unless such failure of, diminution of or interruption of
<br /> any such service was caused by the gross negligence or willful misconduct of Landlord, its agents or
<br /> contractors, nor will such failure of, diminution of or interruption be deemed an eviction of Tenant or
<br /> release Tenant from any of Tenant's obligations under this Lease.
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