Common use of Hazardous and Toxic Materials Clause in Contracts

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulations.regulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulationsLaws. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) Landlord has no current knowledge of the presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials. In the event that Hazardous or Toxic Materials are discovered on the Property, and the same do not exist on the Property as a result of Tenant’s actions or the actions of Tenant’ agents, employees or contractors, Landlord shall remediate the same in accordance with the Building during standards above in subsection 4.1.3(b), at Landlord’s sole cost and expense. If mold is found at the Lease TermProperty, and such Hazardous or Toxic Materials were mold was not caused or introduced created by Tenant, Landlord will shall cause such Hazardous or Toxic Materials mold to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within removed from the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic MaterialsProject as soon as reasonably possible.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current actual knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, Premises or otherwise handledpose any material risk or material threat to the health, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend safety or welfare of Tenant against all claims, losses and damages that arise out or any of the presence of such Hazardous and Toxic Materialsits employees or guests.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean means asbestos containing materials and all other materials, substances, wastes wastes, and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) regulations or that are subject to any right-to-know laws or requirements. Tenant shall will not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, Premises or any other portion of the Building or on the Land Project any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business 's business, and then only if (i) such the materials are in small small, legal quantities, properly labeled and contained, and (ii) such the materials are handled and disposed of in accordance with the highest accepted industry standards for safety, storage, use, and disposal, (iii) notice of and a copy of the current material safety data sheet is provided to Landlord for each hazardous or toxic material, and (iv) the materials are used, transported, stored, handled handled, and disposed of in accordance with all applicable governmental laws, rules rules, and regulations. Landlord shall have the right, but not the obligation, to may periodically inspect, take samples for testing testing, and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) . Landlord shall not knowingly dispose of at the Premises or any other portion of the Project any hazardous or toxic materials that would materially and adversely affect Tenant's access, use or occupancy of the Premises. If Landlord or Tenant ever has any knowledge of the presence in or on the Premises or any other portion of the Building or the Land Project of hazardous or toxic materials which affect the PremisesPremises that was not known to the parties as of the Commencement Date, Tenant shall the party having knowledge must notify Landlord the other party thereof in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents agents, or contractors shall ever violate violates the provisions of Paragraph paragraph (b) of this subsection Section or otherwise contaminate the Premises or the PropertyProject, then Tenant shallmust clean-up, at its sole cost and expenseremove, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules rules, and regulations and then prevalent industry practice and standards and shall must repair any damage to the Premises or Building the Project within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “"Tenant’s 's Environmental Corrective Work”"). However, the parties agree that neither party is required to remediate any violations of hazardous and toxic materials laws existing prior to or on the date of this Lease, but Tenant shall must reasonably cooperate with any Operations and Maintenance Program instituted by Landlord. Tenant must notify Landlord of its method, time time, and procedure for any clean up or removal removal; and Landlord shall have the right to may require reasonable changes in such method, time time, or procedure or to require that the same to work be done after normal business hours. Tenant’s 's obligations under this subsection shall survive survives the termination or expiration of this Lease. (e) . If any Tenant’s 's Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the rightmay, but is not obligated to, undertake the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s 's Environmental Corrective Work, . The work must be performed in accordance with the same standards and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking provisions as are applicable to performance of Tenant’s 's Environmental Corrective Work. Tenant shall will allow Landlord, its agents, employees employees, and contractors such access to any unrestricted areas of the Premises as that Landlord may reasonably request in order to perform such Tenant’s 's Environmental Corrective Work. Within 30 days after receiving an invoice, Tenant must reimburse Landlord for the costs incurred by Landlord to perform such Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease's Environmental Corrective Work. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) a. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to- know laws or requirements (individually and collectively, “Environmental Laws”). (b) b. Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsaccepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph this paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Landlord or Tenant shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such a period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection paragraph (b) shall survive the expiration or earlier termination or expiration of this Lease. (f) c. If at any time prior to the Initial Term, Landlord conducted an environmental assessment and/or inspection of the on the Premises or any testing of the soil and groundwater, such test results shall have been provided to Tenant prior to the Effective Date. In the event that Hazardous the Tenant incurs expense of any kind to bring the Premises into compliance with any federal, state or Toxic Materials are discovered local laws, regulations or rules arising from a condition of environmental impairment or a spill, leak, discharge or deposit of a hazardous substance on the Premises which occurred or existed prior to Tenant’s occupancy of the Premises, Landlord shall indemnify, defend and hold Tenant harmless against such expense and shall reimburse Tenant for all such costs incurred. d. After execution of this Lease, Tenant will be conducting an environmental assessment and/or inspection of the Premises and such test results shall be provided to Landlord upon completion of the inspection or testing. This Lease is contingent on the results of the environmental assessment and/or inspection being acceptable to Tenant, in the Building during the Lease Termits discretion, and such Hazardous or Toxic Materials were Tenant may cancel this Lease if the results are not caused or introduced by Tenantacceptable, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materialsin its discretion.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection Section 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by ▇▇▇▇▇▇▇▇. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection Section 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during Premises or otherwise pose any material risk or material threat to the Lease Termhealth, and such Hazardous safety or Toxic Materials were not caused welfare of Tenant or introduced by Tenantany of its employees or guests. If Landlord or Landlord's employees, Landlord will agents or contractors cause such Hazardous or Toxic Materials to be remediated, encapsulated, located at the Property or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages if any Hazardous or Toxic Materials exists that arise out predates Tenant's occupancy of the presence of such Hazardous Property (including any Early Occupancy Period), Landlord shall perform the Remediation Work at its sole cost and Toxic Materials.expense. If Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or fifteen (15) days in any twelve

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use use, release, or otherwise place or dispose of at, in, on, under or near the Premises, the Building or on the Land Property any hazardous or toxic materials, materials except for that Tenant may use and storage of temporarily store cleaning and office supplies and other materials used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantitieslimited quantities required to conduct Tenant’s business, properly labeled and contained, (ii) notice of and a copy of the current material safety data sheet is first delivered to and written consent is obtained from Landlord for each such hazardous or toxic material and (iiiii) such materials are used, transported, stored, handled and disposed of off-site at properly authorized facilities in accordance with the highest accepted industry standards for safety, storage, use and disposal in accordance with all applicable governmental laws, rules and regulations, including without limitation applicable Environmental Laws. Landlord shall have the right, but not the obligation, right to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) . Landlord shall not knowingly dispose of at the Premises, in the Building or the Property any hazardous or toxic materials and shall otherwise deal with all hazardous or toxic materials at the Premises, Building or Property in a manner that will not materially and adversely affect Tenant’s access, use or occupancy of the Premises. If Landlord or Tenant ever has any knowledge of the presence in the Premises or the Building or the Land Property of hazardous or toxic materials which affect the Premises, the party having knowledge shall notify the other party thereof in writing promptly after obtaining such knowledge. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials (“ACM”) and all other materials, substances, wastes and chemicals classified, defined, listed, or regulated as, or containing, a “hazardous substance,” “hazardous waste,” “toxic substance,” “pollutant,” “contaminant,” “hazardous material,” “solid waste,” and/or “regulated substance,” under any Environmental Law. As used herein, the term “Environmental Law or Laws” shall mean any and all statutes, rules, regulations, ordinances, orders, permits, licenses, and other applicable legal requirements, relating directly or indirectly to human health or safety or environment, or the presence, handling, treatment, storage, disposal, recycling, reporting, remediation, investigation, or monitoring of hazardous or toxic materials. (b) Prior to commencement of any tenant finish work to be performed by Landlord, Tenant shall have the right to make such studies and investigations and conduct such non-destructive or non-invasive environmental tests and surveys of the Premises as Tenant deems necessary or appropriate, subject to the conditions that all such studies and investigations shall be completed prior to the commencement of any tenant finish work to be performed by Landlord. TENANT SHALL RESTORE THE PREMISES AND HOLD LANDLORD HARMLESS FROM AND INDEMNIFY LANDLORD AGAINST ALL LOSS, DAMAGES, AND CLAIMS RESULTING FROM OR RELATING TO TENANT’S STUDIES, TESTS AND INVESTIGATIONS. If such study, test, investigation or survey evidences hazardous or toxic materials which affect the Premises, Tenant shall notify have the right to terminate this Lease provided such right shall be exercised, if at all, prior to the commencement of any tenant finish work to be performed by Landlord in writing promptly and within five (5) days after obtaining such knowledgeTenant receives the evidence of hazardous or toxic materials. If Tenant acknowledges that Landlord has advised Tenant takes occupancy of the existence Premises prior to exercising such right, Tenant’s right to terminate this Lease shall be null and void and of asbestos containing materials used during the initial construction of the Building. An operation no further force and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangeredeffect.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (dc) If Tenant or its employees, agents agents, contractors, invitees, or contractors visitors shall ever violate the provisions of Paragraph paragraph (ba) of this subsection 5.1.2 or otherwise contaminate the Premises or the Property, then Tenant shallshall promptly, at its sole cost diligently, and expenseexpeditiously investigate, cleanupclean up, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations including without limitation applicable Environmental Laws and then prevalent industry practice and standards and shall repair any damage to the Premises or the Building within such period of time or the Property as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”)soon as practicable. Tenant shall notify Landlord in advance of its method, time and procedure for any clean up investigation, remediation or removal monitoring of hazardous or toxic materials and Landlord shall have the right to require reasonable changes in such method, time or procedure as Landlord considers appropriate to prevent interference with any use, occupancy, care, appearance or maintenance of the Property or the Building, or the rights of other tenants, or to require the same to be done after normal business hours. Under no circumstances shall any remediation by Tenant leave any hazardous or toxic materials at, in, on, or under the Premises, the Property, or the Building without first obtaining the prior written consent of Landlord. Tenant’s obligations under this subsection 5.1.2(c) shall survive the termination or expiration of this Lease. (e) . If any TenantTenant does not properly perform its obligations hereunder and such deficiency is not cured to Landlord’s Environmental Corrective Work (i) is to occur outside satisfaction within thirty days after notice from Landlord of the Premises or (ii) will in any way affect any portion of the Building other than the Premisessuch deficiency, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Workwork and all costs and expenses associated therewith shall be due and payable by Tenant upon demand. Tenant represents to Landlord that, except as has been disclosed to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking writing, Tenant’s , or any of its owners, partners, managers, members, shareholders, or venturers shall have never been cited for or convicted of any violations under applicable laws, rules and regulations, including without limitation Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this LeaseLaws. (fd) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease TermTENANT AGREES TO DEFEND, and such Hazardous or Toxic Materials were not caused or introduced by TenantINDEMNIFY AND HOLD HARMLESS LANDLORD, Landlord will cause such Hazardous or Toxic Materials to be remediatedITS OFFICERS, encapsulatedDIRECTORS, or otherwise handledSHAREHOLDERS, at Landlord’s expenseEMPLOYEES, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claimsAGENTS, losses and damages that arise out of the presence of such Hazardous and Toxic MaterialsSUCCESSORS AND ASSIGNS FROM AND AGAINST ALL OBLIGATIONS (INCLUDING REMOVAL AND REMEDIAL ACTIONS), LOSSES, CLAIMS, SUITS, JUDGMENTS, LIABILITIES (INCLUDING WITHOUT LIMITATION STRICT LIABILITIES), PENALTIES, DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES AND PUNITIVE DAMAGES), COSTS AND EXPENSES (INCLUDING ATTORNEYS’ AND CONSULTANT’S FEES AND EXPENSES) OF ANY KIND OR NATURE WHATSOEVER THAT MAY AT ANY TIME BE INCURRED BY, IMPOSED ON OR ASSERTED AGAINST SUCH INDEMNITEES DIRECTLY OR INDIRECTLY BASED ON, OR ARISING OR RESULTING FROM, THE ACTUAL OR ALLEGED PRESENCE OR RELEASE OF HAZARDOUS OR TOXIC MATERIALS ON, AT, IN, UNDER, FROM OR NEAR THE COMMERCIAL LEASE AGREEMENT 10 PREMISES WHICH IS CAUSED BY TENANT, OR ITS LICENSEES OR INVITEES OR ANY PERSON ACTING UNDER, ON BEHALF OF, OR AT THE DIRECTION OR PERMISSION OF TENANT. THE PROVISIONS OF THIS SECTION 5.1.2(d) SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials ("ACM") and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to know laws or requirements. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materialsmaterials at or on the Premises, Building or the Project except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s 's business and then only if (i) such materials are in small quantities, properly labeled and contained, (ii) such materials are handled and disposed of in accordance with the highest accepted industry standards for safety, storage, use and disposal, (iii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such hazardous or toxic material and (iiiv) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, right to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) . Landlord shall not knowingly dispose of any hazardous or toxic materials on the Project and shall otherwise deal with all hazardous or toxic materials at the Project in a manner that will not materially and adversely affect Tenant's access, use or occupancy of the Premises. If Landlord or Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which on the Project that affect the Premises, Tenant the party having knowledge shall notify Landlord the other party thereof in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (dc) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.102 or otherwise contaminate the Premises Premises, Building or the PropertyProject with hazardous or toxic materials, then Tenant shall, at its sole cost and expense, cleanupshall clean-up, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Premises, Building and Project within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”)Landlord. Tenant shall notify Landlord of its method, time and procedure for any clean clean-up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s 's obligations under this subsection 4.1 02(c) shall survive the termination or expiration of this Lease. Tenant represents to Landlord that, except as has been disclosed to Landlord, Tenant has never been cited for or convicted of any hazardous or toxic materials violations under applicable laws, rules or regulations. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY SECTION 4.2 COMPLIANCE WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this LeaseLAWS. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. Landlord represents to Tenant that to Landlord’s knowledge, based upon environmental site assessments obtained by Landlord in connection with its acquisition of the Project and the current actual knowledge of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (an owner of the Project) and ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the property manager of the Project), the Project complies with Environmental Law in all material respects. Throughout the Term, Landlord will take remedial action necessary to cause the Project to comply in all material respects with Environmental Laws and, if the Project is in violation of any Environmental Law, Landlord will correct such violation, at Landlord’s sole cost; but in each case, only as and to the extent required by Governmental Authorities. Tenant will not cause or permit (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, the storage or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for chemicals, waste, or substances (“Hazardous Materials”) in, on, or under the Premises or Project, (b) the incorporation of Hazardous Materials into the Premises, (c) the release, deposit, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, dumping, or disposing of Hazardous Materials in, on, or under the Premises or Project (a “Release”), or (d) any other event or activity that might subject Landlord or the Project to remedial obligations under Environmental Law, assuming disclosure to Governmental Authorities of all relevant facts, conditions, and circumstances pertaining to the Premises, the Project, and Tenant. Tenant may, however, use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, of cleaning and office supplies (iieven if classified as Hazardous Materials) in the ordinary course of Tenant’s business, if (x) Tenant uses, transports, stores, handles, and disposes of such materials are used, transported, stored, handled and disposed of supplies strictly in accordance with accepted industry standards and practices and Environmental Law and (y) Tenant provides Landlord with a copy of the current material safety data sheet for such supplies. If Tenant fails to comply with this Section 5.04 or if a Release occurs, then at Landlord’s option, Landlord will either correct such violation or instruct Tenant to correct such violation. If Landlord corrects such violation, Tenant will pay to Landlord all applicable governmental lawscosts incurred by Landlord in correcting such violation. If Landlord directs Tenant to correct such violation, rules Tenant will not begin corrective action until Landlord has approved all plans, consultants, and regulations. cleanup standards; Tenant will provide Landlord shall have the righton a timely basis copies of all documents, but not the obligationreports, and communications with Governmental Authorities and notice and an opportunity to periodically inspect, take samples for testing and otherwise investigate attend all meetings with regulatory authorities; Tenant will cooperate with all Governmental Authorities seeking access to the Premises for the presence purposes of hazardous sampling or toxic materials. (c) If inspection; Tenant ever has any knowledge of the presence will perform all work required by this Section 5.04 in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in strict compliance with all applicable governmental standards, laws, rules and regulations Applicable Law and then prevalent industry practice and standards standards; and shall Tenant will promptly repair any all damage to the Premises or Building within Project caused by such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hourswork. Tenant’s obligations under this subsection shall Section 5.04 will survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection Section 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection Section 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during Premises or otherwise pose any material risk or material threat to the Lease Termhealth, and such Hazardous safety or Toxic Materials were not caused welfare of Tenant or introduced by Tenantany of its employees or guests. If Landlord or Landlord's employees, Landlord will agents or contractors cause such Hazardous or Toxic Materials to be remediated, encapsulated, located at the Property or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages if any Hazardous or Toxic Materials exists that arise out predates Tenant's occupancy of the presence of such Hazardous Property (including any Early Occupancy Period), Landlord shall perform the Remediation Work at its sole cost and Toxic Materials.expense. If Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or fifteen (15) days in any twelve

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, (ii) such materials are handled and disposed of in accordance with the accepted industry standards and all Applicable Laws (as defined in Section 4.3) for safety, storage, use and disposal, (iii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such hazardous or toxic material and (iiiv) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulationsApplicable Laws. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) Landlord shall not knowingly dispose of at the Premises, Building or the Land any hazardous or toxic materials and shall otherwise remove or remediate with all hazardous or toxic materials at the Premises, Building or Land of which Landlord becomes aware when and if required by Applicable Laws and to the extent economically, in a manner feasible that will not materially and adversely affect Tenant’s access, use or occupancy of the Premises. (d) If Landlord or Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant the party having knowledge shall notify Landlord the other party thereof in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (de) If Tenant or its employees, invitees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.1.2 or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanupclean up, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations Applicable Laws and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection 4.1.2(e) shall survive the termination or expiration of this Lease. (ef) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in writing in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection 4.1.2(f) shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection Section 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection Section 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during Premises or otherwise pose any material risk or material threat to the Lease Termhealth, and such Hazardous safety or Toxic Materials were not caused welfare of Tenant or introduced by Tenantany of its employees or guests. If Landlord or Landlord's employees, Landlord will agents or contractors cause such Hazardous or Toxic Materials to be remediated, encapsulated, located at the Property or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages if any Hazardous or Toxic Materials exists that arise out predates Tenant's occupancy of the presence of such Hazardous Property (including any Early Occupancy Period), Landlord shall perform the Remediation Work at its sole cost and Toxic Materials.expense. If Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or fifteen (15) days in anytwelve