60234_AFP-KSC-LC48-2024_Attachment_A-Model_EUL Clean 12.17.25.docx

ENHANCED USE LEASE

BETWEEN

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AND

[Tenant]

FOR

USE OF NASA LAUNCH COMPLEX 48

PREAMBLE

This Enhanced Use Lease ("Lease") is made, effective as of the date of the last signature below, by and between the NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, an Agency of the United States, John F. Kennedy Space Center (“Center”), Kennedy Space Center, Florida, 32899-0001, as the lessor ("NASA") and [Name of the Tenant, including entity type and state of organization, e.g., “. . . a Delaware corporation”], located at [address of Tenant principle office], as the lessee ("Tenant”, together with NASA, collectively, "the Parties"). This Lease is made under the authority of 51 U.S.C. § 20145 with reference to the following:

RECITALS

A. NASA is committed to using its real property assets to efficiently support the Nation's space exploration activities and enable the greatest public benefit from the leasing of non-excess, underutilized real property under its jurisdiction.

B. Tenant is a [Insert a description of Tenant].

C. Tenant desires to lease certain real property (“Property”) at the Center as further defined in Article 1, Property, below, which is non-excess to NASA, but which NASA is not currently fully utilizing. Tenant's planned use of the Property will not interfere with NASA operations and will have no negative impact to NASA missions.

D. Accordingly, the Parties hereby enter into this Lease for the Property in accordance with the terms and conditions set forth herein. The Parties acknowledge and agree that NASA is not providing the Property to Tenant as Government-furnished property under any contract or subcontract, and Tenant agrees that it shall not charge or submit for payment any consideration provided pursuant to this Lease as a direct cost or charge under any such contract or subcontract.

Now, therefore, NASA and Tenant agree as follows:

ARTICLE 1 - PROPERTY

1.1 Lease of Property

NASA hereby leases to Tenant, and Tenant leases from NASA, for the term set forth in Section 2.1 and subject to the terms, covenants and conditions hereinafter set forth, the Property located on Center and consisting of TBD acres, contained within the areas described in Exhibit A.

1.2 Property Disposition

The Property consists of TBD. Tenant acknowledges that it has inspected the Property and has found it suitable for the "Permitted Use" defined in Section 4.1. Tenant accepts the Property "as is" and acknowledges that NASA has made no covenant, representation, or warranty of any kind, express or implied, with regard to the suitability of Property for the Permitted Use and that NASA has no duty to make any improvements to the Property.

ARTICLE 2 - TERM

2.1 Term of Lease

This Lease becomes effective on the date of the last signature below (“Effective Date”). The initial term of the Lease (“Term”) is expected to extend for TBD years commencing on the later of the Effective Date or TBD (such date of commencement being the “Commencement Date”), and shall expire on the earliest to occur of the following: (a) the completion of the initial Term on TBD (“Expiration Date”), unless extended pursuant to the terms hereof, or (b) the date of termination pursuant to the termination provisions set out in this Lease (such date of termination being the “Termination Date”).

2.2 Modification of Term of Lease

A. In the event that Tenant does not, in NASA’s reasonable judgement, commence the construction of facilities on the Property within twenty-four (24) months of the Commencement Date, then NASA shall have the right to terminate this Lease thirty (30) days after providing Tenant with written notice. If Tenant can demonstrate to NASA’s satisfaction that it is diligently working toward commencement of construction, such as materially engaging in design activities, NASA shall give Tenant an additional twelve (12) months to commence construction before exercising its right to terminate under this Section.

B. At the option of Tenant, the Term may be extended by TBD (TBD) additional terms of TBD (TBD) years each, provided the Lease remains in effect and (i) Tenant provides written notice of its election to extend this Lease no later than one (1) year prior to this Lease's Expiration Date, and (ii) the Parties enter into a written amendment to the Lease in accordance with the requirements of Section 16.5 in respect of the extended Term and the Rent (defined below) to be due for such extended Term. Once amended, the Expiration Date shall be extended to the last date of the extended Term.

C. In the event Tenant chooses to extend the Term in accordance with this Article 2, NASA shall have the right to reappraise the Property and to reassess the annual Base Rent (defined below) and annual escalation rate related thereto, and the annual Support Amount (defined below) and annual rate escalation related thereto. No more than 120 days following NASA’s receipt of Tenant’s notice to NASA of its election to extend the Term under this Article 2, NASA shall provide Tenant in writing a Schedule of Annual Lease Payments setting out the annual Base Rent and annual Support Amount for each year of the extended Term. If Tenant agrees to the Rent (defined below) for the extended Term, the Parties shall enter into a written amendment to the Lease in accordance with the requirements of Section 16.5 to effect the extended Term and the Rent to be due for such extended Term.

2.3 Possession

A. Tenant shall be entitled to take possession of the Property from NASA on the Commencement Date of this Lease. If NASA, for any reason whatsoever, does not deliver possession of the Property to Tenant on the Commencement Date, this Lease shall not be void or voidable and NASA shall not be liable to Tenant for any loss or damage resulting there from, but, in such event, the Commencement Date shall be postponed until the date on which NASA delivers possession of the Property to Tenant, but the Term shall not be extended. No rent shall be required for that delay period. NASA shall communicate to the Tenant any anticipated delays in delivering possession of the Property to the Tenant, and if the anticipated delay, or the actual delay, is more than two months, then the Tenant may cancel the Lease.

B. Relocation of the Tenant. If, during the Term of this Lease, NASA determines that it is necessary to relocate the Tenant to a different location due to a determination by the NASA Assistant Administrator, Office of Strategic Infrastructure or Director, Facilities and Real Estate Division that the interests of the national space program, the national defense, or the public welfare require it or that all or part of the building has become uninhabitable, NASA may, in lieu of Termination under Article 12, provide other space within Kennedy Space Center that has approximately the same gross, contiguous area and services and be of the same classification(s) as the original Property. In such event, NASA shall provide at least 90 days’ notice if feasible, and the Tenant will be entitled to an abatement of Base Rent for any reasonable period in which Tenant’s operations are substantially interrupted and will be entitled to a reduction in Rent for any reduction in square footage. Tenant may terminate the Lease for the complete Property or portions thereof as NASA agrees prior to relocation, paying only accrued Rent, if the Tenant does not accept the relocation, and the parties shall amend the Lease as provided for herein.

2.4 Expiration of the Term

A. Upon expiration of the Term of the Lease, or upon other termination as provided under this Lease, Tenant shall vacate and surrender the Property to NASA. Surrender of the Property shall not be deemed to be a payment in lieu of any consideration that may be due pursuant to this Lease. Prior to the expiration of the Term, or upon an earlier termination, Tenant shall restore the Property in accordance with Article 10, Restoration of the Property.

B. If, with consent by NASA, Tenant holds possession of the Property after the Expiration Date, Tenant shall become a tenant from month to month under the essential terms of this Lease, including the authority and all other terms relating to care and maintenance of the Property, but the rental fee due during such tenancy shall be the fair market value of the Property as determined by NASA in its sole discretion taking into consideration the increased costs and value attributable to a month to month tenancy, of which NASA shall notify Tenant, and such rental fee shall be payable on a monthly basis due on the first of each month. NASA and Tenant each shall have the right to terminate such month-to-month tenancy by giving at least thirty (30) days’ written notice of termination to the other at any time, in which event such tenancy shall terminate on the date set forth in such termination notice. If Tenant holds possession of the Property after the Termination Date or Expiration Date without consent by NASA, Tenant shall become a tenant at sufferance and NASA shall have the right in accordance with law to remove Tenant from the Property, and shall have the right but not the obligation to perform on Tenant’s behalf any remaining obligations of Tenant under the Lease, including the requirements of Article 10. Tenant shall pay NASA on demand any reasonable sum which may be expended by NASA in performing such obligations on behalf of Tenant.

ARTICLE 3 - FAIR MARKET VALUE CONSIDERATION

3.1 Consideration

A. Base Rent. Tenant agrees to pay NASA the base rental fee (“Base Rent”) of $TBD for the first year of the Term, which Base Rent is payable on or before the Commencement Date. The annual Base Rent for the first year is based on a rental rate of $TBD per acre. From and after the first year of the Lease, the annual Base Rent will increase by TBD%, and Tenant will pay NASA the annual Base Rent set forth in Exhibit B, Schedule of Annual Lease Payments, being the schedule of Base Rent payments and Support Amount (defined below) payments for each year of the Term, which annual Base Rent and Support Amount shall be due and payable on or before that date which is thirty (30) days prior to the anniversary of the Commencement Date. NASA will endeavor to provide an annual notice reflecting the Base Rent and Support Amount payable; however, the annual Base Rent and Support Amount is due and payable in accordance with the foregoing regardless of whether notice is provided. The total of Base Rent payments for the original Term of the Lease is $TBD.

B. Support Services.

(i) NASA agrees to provide to Tenant certain base level shared support services (“Support Services”) under the Lease, and Tenant agrees to pay NASA for such Support Services (“Support Amount”, together with the Base Rent and any Participating Rent, the “Rent”). The Support Amount is calculated as a percentage of the sum of that year’s annual Base Rent and any Participating Rent. The Support Amount for the first year of the Term is $TBD. From and after the first year of the Lease, the annual Support Amount as shown in Exhibit B, Schedule of Annual Lease Payments, will increase by TBD%. The Support Amount shall include the full cost to NASA in connection with this Lease. NASA reserves the right to reassess the Support Amount with the same frequency as Base Rent is re-appraised. Any change to the Rent will be reflected in an amendment to the Lease entered into in accordance with Section 16.5. The total of Support Amount payments for the original Term of the Lease is $TBD.

(ii) Support Services are required services associated with being located on NASA premises, e.g., badging, controlled access to the Center, standard emergency services, general operations and maintenance, grounds maintenance, common area maintenance, and lease management and administration. Services or support wanted by Tenant beyond the Support Services, including utilities, are considered additional or demand services, which Tenant may receive from NASA subject to entering into a Reimbursable Space Act Agreement (“RSAA”) between the Parties in accordance with NASA’s standard terms and conditions. In the event of any conflict between the RSAA and this Lease, as it respects use of the Property, this Lease shall have precedence.

C. Participating Rent. Tenant will pay to NASA participating rent (“Participating Rent”) if Tenant enters into any agreement with a third party for use of the Property. Participating Rent is equal to 25% of the gross amount due to Tenant from any sublease, license or other arrangement in which Tenant authorizes the third party’s use of all or any portion of the Property. NASA retains the right to reassess and modify the Participating Rent amount every five (5) years. The Participating Rent for any particular sublease, license or other arrangement shall be payable on or before the commencement date for such agreement, which Participating Rent is for the period between commencement of the agreement and the next anniversary of the Lease Term. Thereafter, the Participating Rent for such agreement shall be due and payable in advance on the anniversary of the Lease Term for the next Lease year, and subsequently thereafter until termination or expiration of the sublease or the Lease, whichever comes first. If Tenant adds a third party user of the Property under an agreement at any time during a Lease year, Tenant shall pay to NASA on the date such user is added a pro-rated amount of Participating Rent equal to the full Participating Rent attributable to that user for the year multiplied by a ratio equal to the number of days left in the Lease year divided by 365.

D. Fair Market Value. The Rent (i.e., Base Rent, together with any Participating Rent and the Support Amount, as shown in Exhibit B, Schedule of Annual Lease Payments) constitute the fair market value of the Property as determined by NASA. The total amount of fair market value payments for the original Term of the Lease is $TBD, before factoring in Participating Rent.

3.2 Payment

Tenant shall make payments to NASA through the NASA Shared Services Center (NSSC). The NSSC strongly encourages payment by electronic transfer ((1) or (2) below); therefore, Tenant shall make payment by check only if circumstances preclude the use of electronic transfer. All payments and other communications regarding this Lease shall reference NASA, and the title, date, and number of this Lease. Choose one form of payment:

(1) U.S. Treasury FEDWIRE Deposit System, Federal Reserve Wire Network Deposit System;

(2) Pay.gov at https://www.nasa.gov/specials/nssc-pay/; or

(3) A check should be payable to NASA and sent to:

(3) Automated Clearing House (ACH) Credit at : ACH Instructions NASA Kennedy Space Center – ALC 8004904

Any refunds will be processed via Electronic Funds Transfer (EFT) which requires completion of the Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form (OMB 1510-0056).

3.3 Late Payment

Tenant must make all payments owed under the terms of this Lease on or before the date they are due to avoid NASA's imposition of interest, penalties, and administrative costs in accordance with 31 U.S.C. § 3717 and 14 C.F.R. § 1261.412.

ARTICLE 4 - USE OF LEASED PROPERTY

4.1 Permitted Uses

A. Tenant shall use and occupy the Property solely for:

Exhibit D: Coordination of Operations Exhibit G: NEPA Documentation Associated With the Lease Activities Exhibit J: Safety and Mission Support Requirements for Operations on KSC and for lawful purposes related or incidental thereto and no other purposes whatsoever (collectively, the "Permitted Use"). Such Permitted Use shall be consistent with the terms and conditions of this Lease and any NASA approvals required under this Lease. Tenant's Permitted Use shall comply with applicable Federal, state and local laws.

NASA may allow additional uses to the extent such uses are consistent with the purpose of this Lease, NASA policy and applicable law. Tenant and NASA shall formally negotiate and amend this Lease to include such additional uses as they may arise (upon amendment such additional uses shall then be considered part of the Permitted Uses).

Tenant shall not do, or permit to be done, in, on, or about the Property, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any applicable Federal, state and local laws. Tenant shall comply with the latest revision of the Safety and Mission Support Requirements for Operations at KSC document attached hereto as Exhibit J at such time as any such revision is provided to Tenant by NASA without the need to formally amend the Lease.

B. Tenant shall not do or permit anything to be done in, on, or about the Property that will unreasonably obstruct or interfere with the rights of NASA or other users of the Center, or injure or cause damage to them, or which is prohibited. Tenant shall not cause, maintain, or permit any nuisance in, on, or about the Property or commit or suffer to be committed any waste in, on, or about the Property. Tenant shall not receive, store, or otherwise handle any product or material that is explosive or highly inflammable, except in accordance with applicable laws, regulations, and NASA policies.

4.2 NASA Approval of Uses and Tenants

NASA shall have the right to approve, disapprove, or approve subject to conditions, at NASA's sole discretion, all uses and tenants (at any tier) at the Property. Tenant shall submit requests for use or tenant approvals to the Real Estate Contracting Officer (RECO) point of contact (POC) listed in Exhibit C, Points of Contact.

4.3 Right of Access

NASA hereby grants Tenant a right of access to the Property. NASA hereby grants Tenant the nonexclusive right, in common with other users of the Center, to access and use only for their intended purposes the common areas in the Center that are designated by NASA as common areas and not leased to or allocated for the use of NASA or another user of the Center. NASA shall have the right from time to time to change the size, location, configuration, character, or use of any such common areas, construct additional improvements or facilities in any such common areas, close any such common areas, or grant easements over such common areas, so long as any such action does not materially adversely affect Tenant's use of or access to the Property. Tenant shall not obstruct in any way any portion of the common areas or in any way unreasonably interfere with the rights of other persons entitled to use the common areas and shall not, without the prior written consent of NASA, use the common areas in any manner, directly or indirectly, for the location or display of any property belonging to Tenant or for the location of signs relating to Tenant's operations in the Property. The common areas shall at all times be subject to the exclusive control and management of NASA. All access to the Property and such Center common areas shall be subject to applicable security policies, procedures, and controls requiring access credentials that NASA will issue to Tenant personnel and contractors. NASA will manage traffic and public access to NASA for major events, but will work with Tenant in an effort to ensure access to the Property. Site employee badges, entry via certain specific points, or other access assurance methods may be involved. In the event of extraordinary and unpredictable circumstances that could arise from hostile acts, warfare, major accidents, or natural disaster, access by Tenant and their employees will be no less than NASA badged employees.

4.4 Right of Entry

A. NASA reserves the right to enter the Property without prior notification to Tenant (i) at any time for reasons NASA deems, in its sole discretion, to constitute an emergency requiring immediate response, and (ii) at any other times for reasons NASA deems, in its sole discretion, to be necessary for the protection or administration of U.S. Government property, or to otherwise protect the United States' interests.

B. For nonemergency inspections, reviews, and other tasks contemplated herein requiring NASA to enter the Property, NASA shall make a good faith effort to provide Tenant with at least forty-eight (48) hours' notice prior to NASA's arrival at the Property. NASA will make every effort to ensure that entry does not unreasonably interrupt Tenant's use of the Property. NASA shall endeavor to combine inspections where possible.

4.5 Maintenance and Repair

ARTICLE 5 - IMPROVEMENTS

5.1 Definitions

The term "Improvements," as used in this Lease, is defined as any addition, alteration, or other modification of any kind to the Property, including any new buildings and collateral equipment that Tenant may construct or install upon the Property, with the exception of routine maintenance or repair activities that do not change the size or design of the building or Collateral Equipment. The term "Collateral Equipment" means building support equipment and substantially affixed equipment/property that normally is required to make a facility useful and operable, and for which the removal would impair the usefulness, safety, or environment within the facility. For the purpose of this Lease, Collateral Equipment includes, but is not limited to, elevators, transformers, compressors, and facility systems and subsystems, such as heating, ventilation, and air conditioning, electrical, plumbing, pneumatic, fire protection, fire suppression, control systems, and monitoring systems that are installed in, or provide service to, buildings or other real property.

5.2 Design and Construction Requirements

B. Utility Project Coordination.

Tenant shall coordinate with NASA in the early planning phase of any proposed Improvements that may require an increase in current capacity or configuration change to any NASA-provided utility service (e.g., electrical, water/wastewater, gaseous nitrogen, natural gas) and shall establish a design and construction coordination process to notify NASA of significant changes during design and construction that affect configuration or safety of upstream utility services. Where NASA serves as Tenant's utility service provider, NASA may perform, in accordance with the terms of a separate an RSAA with Tenant, any requested and approved utility modifications that occur on the NASA side of the negotiated interface points (e.g., expansion, safing, and reconfiguration). Demarcation (isolation) points and/or interface points for affected utilities (“Demarcation Points”) are captured in Exhibit E, Demarcation Points/Interference Points for Affected Utilities, to this Lease.

The Center Survey Department shall be contacted prior to any modification or new installation of underground utilities (e.g., sanitary, primary/secondary electric, communication, water). This includes directional drilling and direct bury (trenching) installation methods. The utility as-built survey data shall be collected and provided to the Center Geographic Information System (GIS) Department for inclusion in the Center GIS database.

C. Design and Construction Requirements.

The following requirements apply to any Tenant-proposed Improvements regardless of whether the Improvement falls within the scope of Section 5.2.A.

(i) Construction documents shall comply with the latest published editions of the local building code and the local fire prevention code and, where required by state law, shall be prepared and signed by a registered design professional. In addition, Tenant shall comply with the following design requirements, as applicable:

(ii) NASA-STD-8719.11, Safety Standard for Fire Protection, as it relates to fire sprinkler and fire alarm systems and associated occupancy and hazard classifications. This standard serves as a simple NASA-specific reference to those building code and National Fire Protection Association (NFPA) requirements that are applicable at NASA and also covers situations where there are no applicable codes.

(iii) The environmental requirements set forth in Article 7, Environmental Condition, Management and Compliance.

(iv) Sustainable Design Requirements.

NASA has adopted the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) as its performance measure for sustainable development. All new facility construction and major building renovation projects, regardless of who owns the facility or the source of the funding and including any Improvements as defined herein, shall obtain, at a minimum, LEED Silver certification from the USGBC. Compliance with this policy for applicable projects is mandatory unless it has been clearly demonstrated that pursuing LEED Silver is not feasible, and a waiver approving a lower certification level has been granted by NASA consistent with NASA Procedural Requirements 8820.2.

(a) Upon NASA approval and the issuance of a corresponding LEED waiver, Tenant may utilize the Green Building Initiatives Green Globes rating system in lieu of LEED. This is the minimum third-party certification levels that will be accepted without project-specific waivers.

(b) When the use of an alternate rating system has been approved by NASA for a given project, NASA Form 1509 shall identify which sustainable building rating system is being followed, what rating level is being pursued, what specific track within the applicable sustainable building rating system is being followed (e.g. Building Design and Construction, Commercial Building, etc.), and whether it is pursuing certification. NASA will review the proposed levels of certification to determine whether they meet NASA's requirements before approving NASA Form 1509. Certification of the project by the rating system organization is not mandatory but is strongly encouraged. In lieu of certification, a qualified third party under direction from Tenant may perform rating system verification checks during planning, design, construction, and operational phases to score and certify the project using the selected rating system scorecard/checklist. Tenant shall provide to NASA the credentials for the qualified third party. Tenant shall register the project with the rating system agency, and Tenant shall provide to NASA the scoring documentation demonstrating that the project meets the agreed upon rating level. Appropriate credit for Tenant's infrastructure design and site features may be counted toward each facility project's score in determining compliance with the selected rating system.

(c) Where practical, improvements shall also comply with Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings. The five principles are these: (1) Employ Integrated Design Principles (including commissioning); (2) Optimize Energy Performance (including reduction of energy use by thirty (30) percent compared to the baseline building performance rating by the American Society of Heating, Refrigeration and Air-Conditioning Engineers); (3) Protect and Conserve Water; (4) Enhance Indoor Environmental Quality; and (5) Reduce Environmental Impact of Materials. Specific expectations associated with these principles are contained in the Federal Leadership in the High Performance and Sustainable Buildings Memorandum of Understanding (2006), as supplemented by the latest edition of the Interagency Sustainability Working Group's High Performance and Sustainable Building Guidance, and the Energy Star's Portfolio Manager's Guiding Principle Checklist.

(v) NASA review and approval is required for final design drawings and specifications to be utilized for facility construction and modification. NASA conducts such reviews to determine compliance with the above listed standards, and to determine possible impacts to NASA-maintained facility and utility distribution systems. In order for any NASA concerns to be identified in a timely manner, Tenant shall provide, to NASA, design documents at Tenant's typical design review intervals, including preliminary and final review intervals. Tenant shall coordinate with NASA the timing and frequency of such review intervals in advance of facility construction commencing. Tenant-provided design review packages shall be fully integrated designs (reflecting all applicable facilities and installed systems), with both drawings and specifications completed to the designated review level and including descriptions of planned occupancies, operations, and associated hazards.

(vi) Tenant shall coordinate with the NASA Authority Having Jurisdiction (AHJ) for approval of Certificate of Occupancy or its equivalent and shall not occupy, utilize, or operate facilities impacted by the construction without said approval. This AHJ review and Certificate of Occupancy only address fire protection and life safety systems compliance. Tenant shall use an independent third-party contractor, employed by Tenant and acceptable to the AHJ, to perform design review for code compliance and inspect construction/installation of life safety systems. The approved third-party contractor shall submit a letter of compliance stating that the facility complies with all applicable codes and standards prior to requesting AHJ final acceptance testing to support the issuance of the Certificate of Occupancy.

(vii) Tenant acknowledges that it is required to comply with the building code requirements identified in the local building code and the local fire prevention code, using the edition that is most recent to the date construction commenced. Tenant further acknowledges that it is required to comply with such building code requirements regardless of whether the applicable local or state authority asserts jurisdiction over the Improvements on the Property. If the relevant city, county, or state authorities do not assert or choose to exercise jurisdiction, Tenant shall comply with the following:

(a) To document compliance with the local building code and applicable NASA design standards, Tenant shall use an independent third-party provider to perform both design document review and building inspection services. The building inspector shall be licensed by the state, and Tenant shall provide to NASA the building inspector's license information. These review and inspection services shall be performed in accordance with local building standards, as hereby tailored:

(b) NASA will serve as the "local building official," but does not require building permit applications, per se, and will not issue building permits;

(c) In lieu of building permit applications, Tenant shall submit, for NASA acceptance, appropriate affidavits from the third-party provider, certifying that the design documents comply with applicable code requirements and NASA design standards;

(d) NASA reserves the right to respond in writing to any such affidavits, as described in local law, to document any identified code compliance deficiencies or concerns;

(e) No physical work shall start on structures, site utilities, or other systems subject to local building code requirements until the associated code compliance affidavit has been received and accepted by NASA;

(f) The third-party provider shall perform the required inspections of construction, notify NASA of such inspections, and record the results of these inspections as described in local law;

(g) The third-party provider shall provide certificates of compliance as described in local law;

(h) With the exception of the fire protection and life safety systems Certificate of Occupancy provided by the AHJ, NASA will not issue certificates of occupancy or certificates of completion, as described in local law, but will provide written responses, either accepting the certificates of compliance or documenting any identified deficiencies.

(viii) Reasonable grounds for NASA disapproval of proposed Improvement plans and specifications include, but are not limited to, the following:

(a) Failure to comply with applicable codes, generally accepted construction standards or practices, or the requirements of this Lease.

(b) The proposed Improvement's undue interference with other activities at NASA.

(c) Incompatibility with the NASA Master Plan.

(d) Inclusion of design features that are reasonably considered unacceptable for a building on NASA property, as not in compliance with Article 4, Use of Leased Property.

(e) Legitimate security, environmental, or safety concerns, or other concerns involving legitimate U.S. Government interests.

(f) Upon approval of the proposed Improvements, Tenant may commence construction of the proposed Improvements in accordance with this Article.

5.3 Lien Rights

All construction contracts shall advise contractors, suppliers, and laborers that they shall not assert lien rights against fee title to the Property.

5.4 Notice of Completion

Within sixty (60) days after the completion of the construction of an Improvement, Tenant shall (i) submit to NASA a notice of such completion; (ii) provide NASA with a complete set of as-built drawings, in a standard computer-based format, and building information modeling data (if any); and (iii) provide NASA with such other documents as NASA may reasonably require for its real property records and reporting requirements. Tenant shall identify utility service interfaces in the as-built drawings. Within sixty (60) days of receiving such notice, drawings, and data, NASA shall provide Tenant with its approval or non-approval, with detailed reasons as to any non-approval. Once Tenant has placed systems into operation, Tenant shall provide appropriate configuration control to maintain as-built documentation as current throughout the life of the Lease. Tenant shall not occupy any constructed facility on the Property until NASA and all applicable governmental agencies have issued all necessary approvals, including certificates of occupancy, and Tenant has provided NASA with copies of such approvals and certificates; provided, however, that Tenant may apply for a partial or temporary certificate of occupancy and, if issued, occupy portions of the constructed facility pursuant thereto.

5.5 Limitation on Effect of Approvals

All rights of NASA to review, comment upon, approve, inspect, or take any other action with respect to the Property or Improvements thereon are specifically for the benefit of NASA and no other party. No review, comment, approval, or inspection, required or permitted by, of, or to, NASA hereunder shall give or be deemed to give NASA any liability, responsibility, or obligation for, in connection with, or with respect to, the design, demolition, construction, maintenance, repair, preservation, rehabilitation, reconstruction, restoration, or operation of the Property or any Improvements thereon, nor shall any such approval or inspection be deemed to relieve Tenant of its sole obligation and responsibility for the design, construction, maintenance, repair, preservation, rehabilitation, reconstruction, restoration, and operation of the Property or any Improvements thereon required under this Lease. Similarly, no inspection performed or not performed by NASA under this Lease shall (a) give or be deemed to give NASA any responsibility or liability with respect to the thing inspected, the work or the prosecution thereof, or the design or construction of the work or any part thereof; (b) constitute or be deemed to constitute a waiver of any of Tenant's obligations or Tenant's rights hereunder; or (c) be construed as approval or acceptance of the thing inspected or the prosecution thereof or the design or construction of the work or any part thereof.

5.6 Protection from Mechanic's Liens

A. Tenant shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance upon the reversion, fee interest, or other estate of NASA or of any interest of NASA in the Property. Tenant shall notify all of its contractors that Tenant does not own fee title to the Property, and Tenant shall instruct such contractors to record any preliminary notice or other document related to any mechanic's or materialmen's liens against only Tenant's ground leasehold interest in the Property and not against fee title to the Property. At least ten (10) days before the date of any commencement of construction, Tenant shall give written notice to NASA of the date of such commencement of construction or of the delivery of materials, as the case may be. Nothing in this Lease shall be deemed to be, or be construed in any way as constituting, the consent of or request by NASA, expressed or implied, by inference or otherwise, to any person, firm, or corporation, for the performance of any labor or the furnishing of any materials for any construction, repairs, maintenance, replacement, or alterations of or to Property, facilities thereon, or any part thereof, or as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against NASA's interest in the Property.

B. Tenant shall not suffer or permit any liens to stand against the Property or any part thereof by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for, or supplied to, Tenant. Tenant shall keep the Property free and clear of any and all choate mechanic's, materialmen's, and other liens for work done, services performed, materials supplied, or appliances used or furnished in or about the Property in connection with any activities of Tenant on or about the Property. If any such lien shall at any time be filed, Tenant shall cause the same to be discharged of record (whether or not by bonding) within thirty (30) days prior to the date any such lien may be foreclosed upon.

5.7 Utility Metering

Tenant shall install revenue grade meters for any NASA-provided utilities (e.g., power and water), as well as meters for commodities (e.g., GN2 and GHe) on any new facilities and existing facilities requiring meters. Tenant shall obtain NASA's approval of the design for any such meter installation. NASA will inspect the installation, as well as perform periodic inspections, to validate that the meter is reading properly.

ARTICLE 6 – SAFETY REQUIREMENTS

6.1 General Requirements

A. Tenant shall coordinate with KSC Safety to tailor (T) a Safety Requirements document, with the applicable NASA Safety Requirements contained in Kennedy NASA Procedural Requirements (KNPR) 8715.3-3, Volume 3, Safety Procedural Requirements for Partners Operating in Exclusive-Use Facilities, and in NASA-STD-8719.25, Range Flight Safety Requirements. The requirements applied will not be duplicative in intent with other federal agencies. Equivalencies to NASA Safety requirements may be accepted by the associated NASA Technical Authority.

B. Tenant shall provide any material used to satisfy requirements for another state or federal agency, such as FAA license application material or means of compliance, upon request. Any updates to requested material shall be provided to NASA at the same time they are provided to any other agency.

C. Tenant shall notify NASA of requests for, and approval of, a FAA launch or reentry license application.

D. Tenant shall notify NASA KSC Safety in the event of an OSHA investigation or visit by OSHA representatives, permit a representative from NASA KSC Safety to accompany the OSHA inspector on the Partner’s leased or licensed property located on KSC, and provide NASA KSC Safety feedback on findings that may impact the Center.

E. Tenant shall coordinate and provide delivery timelines with NASA KSC Safety for required deliverables.

F. Tenant shall provide for the recovery of all land-impact debris and any water-impact debris that presents a hazard to people and the environment. The Tenant and NASA KSC will jointly determine the scope of debris recovery and disposition efforts on a case by-case basis.

G. Tenant shall ensure performance of real time hazard analysis (e.g. toxics corridors etc.) for day of launch and ensure that the Risk Assessment Center (RAC) or equivalent is active during launch operations, as determined by NASA KSC Safety

H. In accordance with the applicable Range Safety Requirements document (T), Tenant shall provide immediate notification of any flight safety system (FSS) design changes, non-compliances, or testing failures and include NASA KSC Safety in any associated resolution process.

6.2 Radio Transmissions

Any use of radio frequency (RF) emitting devices must be coordinated with and approved by the KSC Health Physics Office prior to use.

ARTICLE 7 - ENVIRONMENTAL CONDITION, MANAGEMENT AND COMPLIANCE

7.1 Definitions

As used in this Lease, "Environmental Law" shall mean all applicable Federal, state, and local environmental laws, statutes, ordinances, regulations, rules, judicial and administrative orders, and decrees issued by governmental agencies (such as, but not limited to, the United States Environmental Protection Agency, United States Department of Transportation, United States Occupational Safety and Health Administration, United States Nuclear Regulatory Commission, and State Department of Environmental Protection), existing now or later adopted during the Term of Lease. As used in this Lease, "Hazardous Material" shall mean any hazardous material, hazardous substance, or hazardous waste as defined under Environmental Law, and, for purposes of this Lease, shall include any substance that is a petroleum hydrocarbon, including crude oil or any fraction or mixture thereof, or is a material containing per- and polyfluoroalkyl substances (PFAS). As used in this Lease, "Regulated Waste" shall mean nonmunicipal solid waste where the management and/or disposal are regulated by Environmental Law or where the release of the waste to the environment (either on or off Center) would require remediation by Environmental Law or by the NASA Resource Conservation and Recovery Act hazardous waste operating permit. Examples include hazardous waste, nonhazardous industrial waste, biomedical waste, asbestos waste, industrial wastewater, propellant waste, ordnance waste, polychlorinated biphenyl (PCB) waste, and radioactive waste. As used in this Lease, "Permit Application" shall mean permit application forms and supporting documentation, notice of intent forms and supporting documentation, registration forms, license forms, or other regulatory approval requests. As used in this Lease, "Lease Activities" shall mean the lawful activities of Tenant that are part of the ordinary course of Tenant's business in accordance with the Terms and conditions of this Lease.

7.2 Environmental Baseline Survey (EBS)

A. NASA, at its own expense, prepared and provided to Tenant an Entrance EBS attached hereto as Exhibit F, prepared in accordance with ASTM E1527-13 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process), which sets forth those environmental conditions and matters affecting the Property known at the Commencement Date. By signing this Lease, Tenant accepts the Entrance EBS. If NASA conducts any investigation or remediation of environmental contamination after Lease execution, NASA will provide a copy of the investigation or remediation report to Tenant.

B. No later than ninety (90) days after the expiration/termination of this Lease, Tenant shall prepare, at its own expense, and submit to NASA, an Exit EBS for the Property to be acknowledged and signed by representatives of NASA and Tenant. The Exit EBS shall update the Entrance EBS and set forth those environmental conditions and matters affecting the Property known at the expiration of the Term. NASA may require sampling of environmental media (e.g., soil, groundwater, surface water, or sediment) to verify environmental conditions based on the activities performed by Tenant. Tenant shall be liable for, and required to remedy, any environmental conditions, matters, or contamination affecting the Property unless proven to exist prior to Tenant's occupancy and for which the Tenant has not further contributed to, or otherwise exacerbated, the preexisting environmental conditions, matters, or contamination during the Term. The Exit EBS shall be prepared in accordance with ASTM E1527-21 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process), the latest adopted revision to ASTM E1527, or an equivalent standard approved by NASA.

7.3 General Compliance and Permitting

A. Tenant operations, activities, equipment, and facilities shall comply with Environmental Law.

B. Tenant shall be considered an independent entity…