Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, shall comply with, maintain the Property and Building in compliance with, and ensure that all Tenant’s employees, agents, contractors, and invitees comply with all applicable federal, state and local environmental, safety and health laws, common law, ordinances, rules, regulations, permits, licenses and binding standards of applicable governmental authorities (“Environmental Laws”). Tenant shall notify Landlord promptly after becoming aware during the Term of any release of Hazardous Substances at the Premises or violation of Environmental Laws that could reasonably be expected to require response action or affect the value of the Premises, and shall forward to Landlord promptly after receipt thereof copies of all orders, reports, notices, and material communications relating to any such release or violation. Tenant shall promptly obtain remediate and take all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims corrective actions with respect to any portion release of Hazardous Substances or violation of Environmental Laws relating to the PremisesPremises as required under Environmental Laws or at the reasonable request of Landlord. Tenant agrees to protect, including copies thereof. Landlord shall have the rightindemnity, defend, and except for hold harmless Landlord and its officers, employees, directors, owners, subsidiaries and affiliates (“Landlord Party Indemnitees”) from and against, and promptly pay to or reimburse such Landlord Party Indemnitees for, any items noted on Exhibit “D” at Tenant’s sole cost liabilities, obligations, claims, damages, penalties, causes of action, costs and expense expenses (including, without limitation, Landlord’s reasonable attorneys’ and consultants’ fees and costsexpenses) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out of, caused by, or relating in any manner whatsoever connected to the Facility (a) any environmental, health or safety condition at, on or emanating from the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall caused by Tenant be responsible for conditions of the Premises in existence prior to or its invitees and occurring after the Commencement Date, and(b) any violation of Environmental Laws by Tenant or its invitees occurring after the Commencement Date or other condition occurring after the Commencement Date and caused by Tenant or its invitees requiring remediation or other response action under Environmental Laws, if required or (c) the release or threatened release by lawTenant or its invitees after the Commencement Date of any Hazardous Substance in, Landlord hereby agrees to remedy any to, or from the Premises, provided that such actual release or suspected problem through the removal threatened release of Hazardous Materials at Substances was not caused by the negligence or willful misconduct of Landlord’s sole cost , its agents, employees, and expenseother representatives, in which case Landlord shall be solely responsible therefor and shall indemnify Tenant and its officers, employees, directors, owners, subsidiaries and affiliates (“Tenant Party Indemnitees”) from and against, and promptly pay or reimburse the Tenant Party Indemnitees for, any liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys’ and consultants’ fees and expenses) arising out of or caused thereby. These indemnification obligations shall survive the termination or expiration of this Lease.

Hazardous Materials. Tenant’s use of Master Tenant will not at any time maintain on, or dispose or discharge from, the Premises shall comply with all Hazardous Materials Laws, except for or any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of part thereof any Hazardous Materials Laws by (as such term is defined hereinbelow). Should Master Tenant during the Term or if Tenant has received notice of discover any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of Government Requirements, Master Tenant shall take all steps Master Tenant deems commercially reasonable to cause the Premises to comply with applicable Government Requirements related to such Hazardous Materials. The term “Hazardous Materials” as used in this Lease means, individually and/or collectively, any hazardous or toxic substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302), as each of the foregoing may be amended and/or supplemented from time to time, or such substances, materials and wastes which are identified as hazardous wastes, hazardous substances or hazardous materials which are or become regulated under any applicable municipal, county, state or federal law, rules or regulations, including (without limitation): (i) any “Hazardous Waste” as defined by the Resource Conservation and Recovery Act of 1976 (42 USC Section 6901 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any “Hazardous Substance” as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 USC Section 9601 et seq.) as amended from time to time, and regulations promulgated thereunder; (iii) asbestos, (iv) polychlorinated biphenyls; (v) any substance the presence of which is prohibited by any applicable Laws; (dvi) Tenant’s discovery of any occurrence or condition on or in the vicinity of petroleum‑based products which are deemed hazardous by any portion of the Premises that materially increase the risk that Laws; (vii) underground storage tanks which are regulated by any portion of the Premises will be exposed to Hazardous MaterialsLaws; and (eviii) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials substance which under Laws require special handling or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation notification of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied federal, state or local governmental entity in fullits collection, storage, treatment or disposal. Notwithstanding anything to the contrary contained hereinMASTER TENANT AGREES TO INDEMNIFY AND HOLD HARMLESS LANDLORD FROM AND AGAINST ANY AND ALL COSTS, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseEXPENSES AND LIABILITIES FOR ANY ACTIONS OR NON-ACTIONS BY MASTER TENANT WHICH VIOLATE THE TERMS OF THIS SECTION 7.3.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and Tenant agree to indemnify and hold harmless the other from any and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws and good business practices. During the Termdamages, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant fines, judgments, penalties, costs, liabilities or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s reasonable attorneys’ fees any and costsall sums paid for settlement of claims, attorneys fees, consultant and expert fees) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings arising during or actions initiated after the lease term from or in connection with the presence or suspected presence of hazardous substances in, on or beneath the Premises, unless the hazardous substances are present as the result of negligence, willful misconduct or other acts of the party otherwise so indemnified, its agents, employees, contractors or invitees. Without limitation of the foregoing, this indemnification shall include any Hazardous Materials Claimsand all costs incurred due to any investigation by a federal, state or local agency or political subdivision, unless the hazardous substances are present solely as the result of negligence, willful misconduct or other acts of the party otherwise so indemnified, its agents, employees, contractors or invitees. Landlord represents This indemnification shall specifically include any and warrants all costs due to Tenant that: (i) to Landlord’s knowledgehazardous substances which flow, there are not pending claims diffuse, migrate or causes of action arising out percolate into, onto or relating to the Facility or under the Premises as of after the Commencement Date; . Each of the parties agrees to comply with all laws, codes, rules, and (ii) regulations of the United States and the State of Florida. Tenant agrees that it will not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance which may be prohibited by any insurance policy in force from time to Landlord’s knowledgetime covering the buildings in which the Premises are located, no Environmental Activities nor shall Tenant keep, store, produce or dispose of on, in violation of or from the Premises or the buildings in which the Premises are located any Hazardous Materials Laws have occurred prior substance which may be deemed a hazardous substance or infectious waste under any state, local or federal rule, statute, law, regulation or ordinance as may be promulgated or amended from time to the Commencement Date which have not been remedied in fulltime. Notwithstanding anything to the contrary contained As used herein, “hazardous substance” means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the state in no event shall Tenant be responsible for conditions of which the Premises in existence prior is located, or the United States government or poses a threat to human health or the Commencement Dateenvironment, andand includes any and all material and substances which are defined as “hazardous waste”, if required by “toxic substances” or a “hazardous substance” pursuant to state, federal or local governmental law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost including, but not restricted to, asbestos, polychlorobiphenyls and expensepetroleum.

Hazardous Materials. Tenant’s use 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermPremises by a Tenant Party, then Tenant shall promptly obtain indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Premises. Without limiting the foregoing, if the presence of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence in, on, under or condition on or in about the vicinity of Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. 8.2. Landlord acknowledges that it is not the intent of this Section 8 to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from governmental authorities required in connection with the presence of such Hazardous Material at the Premises will be exposed and (c) correct and complete copies of notices of violations of Applicable Laws related to Hazardous Materials (collectively, "Hazardous Materials Documents"). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Tenant Improvements or Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials; . In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord's review into Tenant's Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant's or other tenants' use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 8.3. Tenant represents and warrants to Landlord that Tenant is not, nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (ea) all communications subject to or from Tenant, a material enforcement order issued by any governmental authority or (b) required to take any other Person relating remedial action. 8.4. At any time, and from time to Hazardous Materials Laws or Hazardous Materials Claims with respect time, prior to any portion the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions conduct appropriate tests of the Premises in existence prior or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the Commencement Dateacts or omissions of a Tenant Party, andthe cost of which shall be an Operating Expense. Such inspections shall be made only after Landlord provides notice to and receives approval from the relevant regulatory authorities regarding the testing. 8.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required by law, under the Applicable Laws. 8.6. Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 8.7. Tenant's obligations under this Section 8 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Section 4. 8.8. As used herein, the term "Hazardous Material" means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any governmental authority.

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant's Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord's prior written consent. Tenant's Hazardous Materials shall be Handled at all times in compliance with the manufacturer's instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord's request stating Tenant's best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. TenantSublessee’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises solely as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessor’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) to Landlord’s knowledge, Sublessee that there are not pending claims or causes of action no Hazardous Materials Claims arising out of or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on or under any portion of the Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to the Facility only and this Lease shall remain in full force and effect with respect to the Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for the Facility beyond December 31, 2027 as to the Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (I 4) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(111) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Tenant represents and wan-ants to Landlord that is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant’s Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant’s Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord’s request stating Tenant’s best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. Tenant’s use of the Premises 40.1 Tenant shall comply with all not cause or permit any Hazardous Materials Laws(as hereinafter defined) to be brought upon, except for any items set forth on Exhibit “D”. If any Environmental Activities occur kept or are suspected to have occurred used in or about the Premises, the Building or the Project in violation of any Applicable Laws by Tenant, its agents, employees, contractors or invitees. If Tenant breaches such obligation, or if the presence of Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, a breach results in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion contamination of the Premises, including copies thereof. Landlord the Building, the Project or any adjacent property, or if contamination of the Premises by Hazardous Materials otherwise occurs during the Term of this Lease or any extension or renewal hereof or holding over hereunder, then Tenant shall have the rightindemnify, save, defend and except for hold Landlord, its agents and contractors harmless from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, Landlord’s reasonable diminution in value of the Premises, the Building, the Project or any portion thereof; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Project; damages arising from any adverse impact on marketing of space in the Premises, the Building or the Project; and sums paid in settlement of claims, attorneys’ fees, consultants’ fees and costsexperts’ fees) and with counsel chosen by Landlord, to join and participate in, that arise during or after the Term as a party if it so electsresult of such breach or contamination. This indemnification of Landlord by Tenant includes, any legal proceedings or actions initiated without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials Claimspresent in the air, soil or groundwater above, on or under the Premises. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeWithout limiting the foregoing, there are not pending claims or causes of action arising out or relating to if the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation presence of any Hazardous Materials Laws have occurred in, on, under or about the Premises, the Building, the Project or any adjacent property caused or permitted by Tenant results in any contamination of the Premises, the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building, the Project and any adjacent property to their respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, the Building or the Project. 40.2 Landlord acknowledges that it is not the intent of this Article 40 to prohibit Tenant from operating its business as described in Section 2.9 above. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date which have not been remedied a list identifying each type of Hazardous Material to be present on the Premises and setting forth any and all governmental approvals or permits required in fullconnection with the presence of such Hazardous Material on the Premises (the “Hazardous Materials List”). Notwithstanding anything Tenant shall deliver to Landlord an updated Hazardous Materials List promptly after any material changes to the contrary contained hereintypes or amounts of Hazardous Materials used by Tenant in the Premises. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the “Documents”) relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrent with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in or under the Premises, the Building or the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on or under the Premises, the Building or the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Documents containing information of a proprietary nature that, in no and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Upon Landlord’s written request, Tenant agrees that it shall enter into a reasonable written agreement with other tenants of the Building and the Project concerning the equitable allocation of fire control areas (as defined in the Uniform Building Code as adopted by the city or municipality(ies) in which the Project is located (the “UBC”)) within the Building and the Project for the storage of Hazardous Materials. In the event shall that Tenant’s use of Hazardous Materials is such that it utilizes fire control areas in the Building or the Project in excess of Tenant’s Pro Rata Share of the Building or the Project, as applicable, as set forth in Section 2.2, Tenant be responsible for conditions agrees that it shall, at its sole cost and expense and upon Landlord’s written request, establish and maintain a separate area of the Premises classified by the UBC as an “H” occupancy area for the use and storage of Hazardous Materials or take such other action as is necessary to ensure that its share of the fire control areas of the Building and the Project is not greater than Tenant’s Pro Rata Share of the Building or the Project, as applicable. 40.3 Notwithstanding the provisions of Section 40.1 above, if Tenant (a) has been required by any prior landlord, Lender or Governmental Authority to take remedial action in existence connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question, or (b) is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any such matter involving Tenant) at any time within one hundred eighty (180) days after the date Landlord actually becomes aware of such requirement or order, as applicable; provided, however, that unless such property is the Property, this Section 40.3 shall not apply to any assignee of Tenant that (x) purchases all or substantially all of the assets of Tenant, and (y) has a net worth of at least $100,000,000. 40.4 Notwithstanding the provisions of Section 40.1 above, if any proposed transferee, assignee or sublessee of Tenant (a) has been required by any prior landlord, Lender or Governmental Authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question, or (b) is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving such proposed transferee, assignee or sublessee); provided, however, that this Section 40.4 shall not apply in the case of any assignment of this Lease by Tenant to any assignee that (x) purchases all or substantially all of the assets of Tenant, and (y) has a net worth of at least $100,000,000. 40.5 At any time, and from time to time, prior to the Commencement Date, andexpiration of the Term, if required by lawLandlord has a reasonable basis to believe that Tenant has violated this Article 40, Landlord hereby agrees shall have the right to remedy conduct appropriate tests of the Premises, the Building and the Project to demonstrate that Hazardous Materials are present or that contamination has occurred due to Tenant or Tenant’s agents, employees or invitees. Tenant shall pay all reasonable costs of such tests of the Premises if a violation by Tenant is found to have occurred. 40.6 If underground or other storage tanks storing Hazardous Materials are located on the Premises or are hereafter placed on the Premises by any party, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. 40.7 Tenant’s obligations under this Article 40 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such actual Hazardous Materials, Tenant shall continue to pay Rent in accordance with this Lease, which Rent shall be prorated daily. 40.8 As used herein, the term “Hazardous Material” means any hazardous or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensetoxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant’s use (i) To the best knowledge of the Premises shall comply Lessee, except as described in the related Environmental Audit, on the Closing Date for each Leased Property, there are no Hazardous Materials present at, upon, under or within such Leased Property or released or transported to or from such Leased Property (except in compliance in all material respects with all Hazardous Materials LawsApplicable Law). (ii) On the related Closing Date, except for no Governmental Actions have been taken or, to the best knowledge of the Lessee, are in process or have been threatened, which could reasonably be expected to subject such Leased Property, any items set forth on Exhibit “D”. If Lender or the Lessor with respect to such Leased Property to any Claims or Liens under any Environmental Activities occur Law which would have a Material Adverse Effect, or are suspected to would have occurred in violation of a materially adverse effect on the Lessor or any Hazardous Materials Laws Lender. (iii) The Lessee has, or will obtain on or before the date required by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermApplicable Law, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any operate such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Term, Tenant shall immediately advise Landlord extent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) Except as set forth in the related Environmental Audit or in any notice subsequently furnished by the Lessee to the Agent and approved by the Agent in writing of: (a) prior to the respective times that the representations and warranties contained herein are made or deemed made hereunder, no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Governmental Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Law. To the best knowledge of the Premises; (c) any remedial action taken by Tenant in response Lessee, no material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims such Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) Such Leased Property and each portion thereof are presently in compliance in all material respects with all Environmental Laws, and, to the best knowledge of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeLessee, there are not pending claims no present or causes past facts, circumstances, activities, events, conditions or occurrences regarding such Leased Property (including without limitation the release or presence of action arising out Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a material Claim against such Leased Property, any Funding Party or the Lessee, (B) cause such Leased Property to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law, (C) require the filing or recording of any notice or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which such Leased Property is located, or (D) prevent or materially interfere with the continued operation and expensemaintenance of such Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on or under any portion of a Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to such Facility only and this Master Lease shall remain in full force and effect with respect to such Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Master Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for a Facility beyond December 31, 2025 as to such Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use The Borrower Parties shall, and shall cause each of the Premises shall comply Macerich Core Entities to, do the following: (1) Keep and maintain all Designated Environmental Properties in material compliance with all any Hazardous Materials LawsLaws unless the failure to so comply would not be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof. (2) Promptly cause the removal of any Hazardous Materials discharged, except for disposed of, or otherwise released in, on or under any items set forth on Exhibit “D”. If any Designated Environmental Activities occur or Properties that are suspected to have occurred in violation of any Hazardous Materials Laws and which would be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof, and cause any remediation required by Tenant during any Hazardous Material Laws or Governmental Authority to be performed, though no such action shall be required if any action is subject to a good faith contest. In the Term course of carrying out such actions, the Borrower shall provide the Administrative Agent with such periodic information and notices regarding the status of investigation, removal, and remediation, as the Administrative Agent may reasonably require. (3) Promptly advise the Administrative Agent, the Issuing Lender and each Lender in writing of any of the following: (i) any Hazardous Material Claims known to the Borrower which would be reasonably expected to result in a material adverse effect to an Environmental Property or if Tenant has received the owner thereof; (ii) the receipt of any notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal alleged violation of Hazardous Materials or otherwiseLaws with respect to an Environmental Property (and the Borrower shall promptly provide the Administrative Agent, the Issuing Lender and upon Landlord’s approval Lenders with a copy of such notice of violation), provided that such alleged violation, if true (and if any release of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws alleged therein were not promptly remediated), would result in a breach of subsections (1) or (2) above; and good business practices. During (iii) the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises Designated Environmental Properties that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority could cause such Designated Environmental Properties or any other Person relating part thereof to Hazardous Materials Laws or Hazardous Materials Claims with respect to be in violation of clauses (1) or, if not promptly remediated, (2) above. If the Administrative Agent, the Issuing Lender and/or any portion of the Premises, including copies thereof. Landlord Lender shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, be joined in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents , each Borrower Party shall indemnify, defend, and warrants hold harmless such Person with respect to Tenant that: any liabilities and out-of-pocket expenses arising with respect thereto, including reasonable attorneys’ fees and disbursements. (i4) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Comply with each of the Commencement Date; covenants set forth in subsections (1), (2) and (ii3) of this Section 7.9 with respect to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions all other Properties of the Premises Borrower and Macerich Core Entities unless the failure to so comply would not reasonably be expected to result in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensea Material Adverse Effect.

Hazardous Materials. Tenant’s use of the Premises shall comply (i) Except in full compliance with all Applicable Law there are no Hazardous Materials Lawspresent at, except for upon, under or within the Leased Property or released or transported to or from the Leased Property. (ii) No Governmental Actions have been taken, or are in process or have been threatened, which could reasonably be expected to subject the Leased Property, the Lender or the Lessor to any items set forth on Exhibit “D”. If Claims or Liens under any Environmental Activities occur Law which would have a materially adverse effect on the Lessor, the Lender or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant Leased Property. (iii) The Lessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits. (iv) With respect to the TermLeased Property, Tenant shall immediately advise Landlord in writing of: (a) no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, and no penalty has been assessed on the Lessee and no investigation or review is pending or threatened by any Governmental Authority or other Person with respect to any alleged violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Law. No material notice, notification, demand, request for information, citation, summons, complaint or any portion of the Premises; (c) any remedial action taken by Tenant in response order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion of the Premises, including copies thereof. Landlord shall have the rightthereof are presently in compliance with all Environmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense there are no present or past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including, without limitation, Landlord’s reasonable attorneys’ fees and coststhe release or presence of Hazardous Materials) and with counsel chosen by Landlordthat could reasonably be anticipated to (A) form the basis of a Claim against the Leased Property, the Lender, the Lender or the Lessee, (B) cause the Leased Property to join and participate inbe subject to any restrictions on ownership, as a party if it so electsoccupancy, use or transferability under any legal proceedings Environmental Law, (C) require the filing or actions initiated in connection with recording of any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims notice or causes of action arising out or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located or (D) prevent or interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use To the knowledge of Seller, the Premises shall comply with all Property does not contain any Hazardous Materials LawsMaterials, including, but not limited to, any chemicals or materials regulated as hazardous or toxic under any federal, state or local law, except for any items what is commonly incorporated into or used and stored at the Property for normal uses in a typical veterinary practice (the “Excluded Materials”), and except as set forth on Exhibit “D”in the Property Documents. If Seller agrees to provide Buyer promptly in writing any Environmental Activities occur information, which Seller has or are suspected to have occurred in violation may acquire regarding the presence and location of any Hazardous Materials (as defined below), not including the Excluded Materials on or about the Property. Seller is in compliance with all Environmental Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises (as a result of Tenant’s acts or omissions during the Termdefined below) and Seller possesses all required permits, Tenant shall promptly obtain all permits licenses and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisecertificates, and upon Landlord’s approval of the remediation planhas filed all notices or applications, remedy any such problem to the satisfaction of Landlord required thereby. Seller is and all applicable governmental authorities, has been in accordance compliance with all Hazardous Materials Environmental Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities there has been no release or disposal of a Hazardous Material in violation of an Environmental Law in any Hazardous Materials Laws; material respect at, on, under, within or migrating to or from any property currently or formerly owned, leased or operated by Seller. Seller has not been subject to, nor received any notice (bwritten or oral) of any Hazardous Materials Claims against Tenant private, administrative or judicial action, or any portion notice (written or oral) of any intended private, administrative, or judicial action relating to the Premises; (c) any remedial action taken by Tenant in response to any presence or alleged presence of Hazardous Materials Claims or any Hazardous Materials onMaterial in, under or about upon any portion real property owned or used by the Seller, and there is no reasonable basis for any such notice or action; and there are no pending or threatened actions or proceedings (or notices of potential actions or proceedings) against Seller from any governmental agency or any other entity regarding any matter relating to health, safety or protection of the Premises environment. For purposes of this Agreement, “Hazardous Materials” means (A) any petroleum or petroleum products, flammable explosives, radon, radioactive materials, asbestos in violation any form that is or could become friable, urea formaldehyde foam insulation and transformers or other equipment that contain dielectric fluid containing levels of any Hazardous Materials Lawspolychlorinated biphenyls (PCBs); (dB) Tenant’s discovery of any occurrence chemicals or condition on other materials or substances which are now or hereafter become defined as or included in the vicinity definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants” or words of similar import under any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous MaterialsEnvironmental Law; and (eC) all communications any other chemical or other material or substance, exposure to which is now or from Tenanthereafter prohibited, limited or regulated by any governmental or regulatory authority under any Environmental Law. For purposes of this Agreement, “Environmental Law” means any law or order of any other Person governmental or regulatory authority, agency, entity, or body relating to Hazardous Materials Laws the regulation or Hazardous Materials Claims with respect protection of human health, safety or the environment or to any portion emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals or industrial, toxic or hazardous substances or wastes into the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense environment (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordambient air, to join and participate insoil, as a party if it so electssurface water, any legal proceedings ground water, wetlands, land or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgesubsurface strata), there are not pending claims or causes of action arising out or otherwise relating to the Facility manufacture, processing, distribution, use, treatment, storage, disposal, transport or the Premises as handling of the Commencement Date; and (ii) to Landlord’s knowledgepollutants, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereincontaminants, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Datechemicals or industrial, and, if required by law, Landlord hereby agrees to remedy any such actual toxic or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensehazardous substances or wastes.

Hazardous Materials. Tenant’s use Notwithstanding anything contained herein to the contrary: A. Tenant covenants and agrees that it shall not cause, conduct, authorize or allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or activities conducted thereon. For avoidance of doubt, nothing in this Section 271.A shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. B. Tenant shall, at its own cost, comply and ensure that the Premises shall and all operations and activities at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials. Tenant shall, at its own cost, obtain all permits, licenses and authorizations required under Environmental Laws for the operations and activities conducted at the Premises. C. Tenant shall promptly provide Landlord with written notice of any actual or potential violation of Environmental Laws, any Release of Hazardous Materials Lawsin or around any Site that could impact the Premises or require any investigation, except remediation or other response action under Environmental Law, and any claim or threat of a claim asserting any liability under Environmental Laws relating to the Premises, and copies of all reports, site assessments, and material communications, permits or agreements to, from or with any governmental authority or other third party relating to such violation, Release or claim; and D. Landlord and Landlord’s Representatives, including such environmental consultants as Landlord may designate, shall have the right upon reasonable prior notice, and subject to Section 14 hereof, to enter any Site and/or conduct appropriate tests and investigations for the purpose of assessing the condition of any items set forth on Exhibit “D”. such Site or ascertaining that Tenant complies with the terms of this Lease and with all applicable Environmental Laws that relate in any way to any such Site. E. If the presence, Release, threat of Release, presence or placement on, in or around any Environmental Activities occur Site, or are suspected to have occurred in violation the generation, transportation, storage, use, treatment, or disposal at or around any Site of any Hazardous Materials Laws Material by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant, Tenant’s acts Representatives, or omissions during by any third party other than Landlord or Landlord’s Representatives: (i) gives rise to liability or obligation (including, but not limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause a material and adverse effect on public health or occupational safety and health, (iii) pollutes or threatens to pollute the Termenvironment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly obtain take any and all permits remedial and approvals removal actions required by Environmental Laws or otherwise necessary to remedy clean up any such actual or suspected problem through Site to comply with all environmental standards applicable to any such Site given its use at the removal of Hazardous Materials or otherwise, and upon Landlord’s approval time of the remediation plan, remedy any such problem and mitigate exposure to liability arising from the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Material. F. Tenant shall immediately advise promptly notify Landlord in writing upon Tenant becoming aware of: (ai) any Environmental Activities in violation enforcement action, investigation, cleanup, notice of violation, or other regulatory action taken or threatened against either party or otherwise related to the Premises by any governmental authority with respect to the presence of any Hazardous Materials Material at any Site, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any governmental authority or other person against either party hereto or otherwise relating to any actual or alleged violation of or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws; , (biii) any Release of Hazardous Materials, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from any Site, and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental authority respecting any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials in, at, on, under or about any portion Site, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the status and Tenant’s actions to resolve such matters, and shall furnish Landlord with such other documents and information as Landlord may reasonably request with respect thereto. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the Premises same, and such other information as the Landlord may reasonably require or as may be required by Environmental Laws. G. Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, in violation the manner specified in Section 20, from and against any and all liability, claim, expense, cause of action, fines, judgments, settlements, investigation, monitoring and remediation costs, penalties, losses and damages (including reasonable attorney’s, consultant’s and contractor’s fees) resulting or arising from (i) the breach by Tenant of its covenants and agreements set forth in this Section 27, (ii) the presence, Release, placement on, in or around the Premises, or the generation, transportation, storage, use, treatment or disposal at or around any Site of any Hazardous Materials Laws; before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s Representatives, (diii) Tenantany violation of or obligation under Environmental Law before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Representatives, and (eiv) all communications to claims by governmental authorities or from Tenant, any governmental authority other third parties associated with Hazardous Materials or violations of or obligations under Environmental Laws by Tenant or any third party other Person relating to Hazardous Materials Laws than Landlord or Landlord’s Representatives, or Hazardous Materials Claims with respect to present at, on, under or about any portion of Site before or during the PremisesTerm and any Renewal Term, including copies thereof. Landlord shall have the rightas applicable, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees limitation those that were discovered during the Term and costs) and with counsel chosen by Landlord, to join and participate inany Renewal Term, as a party if it so electsapplicable, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred which were caused prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTerm by Tenant or its agents, representatives, employees, contractors, subcontractors, licensees or invitees or any third party other than Landlord or Landlord’s Representatives; provided, however, in no event shall Tenant be responsible for conditions Tenant’s indemnity obligations hereunder apply to any violations of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Environmental Laws or suspected problem through the removal Releases of Hazardous Materials at caused by the gross negligence or willful misconduct of Landlord or Landlord’s sole cost and expenseRepresentatives. The foregoing indemnity obligations shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. TenantLessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Lessee during the Term or if Tenant Lessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantLessee’s acts or omissions during the Term, Tenant Lessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordLessor’s approval of the remediation plan, remedy any such problem to the reasonable satisfaction of Landlord Lessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Lessee shall immediately promptly advise Landlord Lessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Lessee or any portion of the Premises; (c) any remedial action taken by Tenant Lessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantLessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all written communications to or from TenantLessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Lessor shall have the right, and except for any items noted on Exhibit “D” at TenantLessee’s sole cost and expense (including, without limitation, LandlordLessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordLessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Lessor represents and warrants to Tenant that: (i) Lessee that to LandlordLessor’s knowledge, without inquiry or investigation, there are not no pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) . Lessee shall not have any obligations or liabilities with respect to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior existing conditions or matters relating to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of Facility or the Premises in existence prior to as of the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws(a) Tenant agrees that it will not, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term Applicable Laws, release, discharge, place, hold, or if Tenant has received notice dispose of any Hazardous Materials Claim against any portion of Material (as hereinafter defined) on, under or at the Premises as a result of Tenant’s acts Premises, in the Building, or omissions during on the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseLand, and upon Landlord’s approval of the remediation planthat it will not, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of Applicable Laws, use the Premises, the Building, or the Land as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Materials Laws; (b) Material. Tenant further agrees that it will not knowingly cause or allow any Hazardous Materials Claims against asbestos to be incorporated into any improvements or alterations which Tenant makes or any portion of causes to be made to the Premises; (c) any remedial action taken by , or the Building. Landlord confirms that to its knowledge except as disclosed in that certain environmental audit for the Land which has been made available for Tenant in response to any Hazardous Materials Claims or any review at the offices of Landlord, there are no Hazardous Materials on, under or about at the Premises, in the Building, or on the Land in violation of Applicable Laws, and that Landlord will not release, discharge, place, hold, or dispose of any Hazardous Material on, under or at the Premises, in the Building, or on the Land in violation of Applicable Laws, and that it will not use the Premises, the Building, the Land, or any other portion thereof as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Material in violation of Applicable Laws. To the best of its knowledge, Landlord confirms that no asbestos will be incorporated into any improvements or alterations which Landlord makes or causes to be made to the Premises, or the Building. If asbestos is incorporated into any improvements or alterations which Landlord makes or causes to be made to the Premises, or the Building, Landlord shall cause it to be removed and/or treated so that occupation of the Premises in violation is safe and lawful, and Landlord shall bear all reasonable expenses and costs incurred by Tenant for temporarily moving from the Premises while such removal and treatment work are done. (b) Tenant hereby agrees to indemnify and defend (with counsel reasonably approved by Landlord) Landlord of, from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any Hazardous Materials Laws; and every kind whatsoever (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable court costs and attorneys’ fees and costsat all tribunal levels) and which may be paid, incurred or suffered by, or asserted against Landlord for, with counsel chosen by Landlordrespect to, to join and participate in, or as a party if it so elects, direct result of any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to breach by Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation provisions of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, this Paragraph Landlord hereby agrees to remedy indemnify and defend (with counsel reasonably approved by Tenant) Tenant of, from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including without limitation, court costs and attorneys’ fees at all tribunal levels) which may be paid, incurred or suffered by, or asserted against Tenant for, with respect to, or as a direct result of any breach by Landlord of the provisions of this Paragraph. (c) For purposes of this Lease, “Hazardous Material” means and includes any hazardous or toxic substance, pollutant, contaminant, gas, or petroleum product defined as such actual in (or suspected problem through for purposes of) the removal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous or toxic, waste, substance or material, gas or petroleum product, and “Applicable Laws” shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous or toxic waste, substance or material, as now or at any time hereafter in effect, or any other hazardous or toxic waste, substance or material, gas or petroleum product. (d) Tenant shall provide Landlord with a list of any and all Hazardous Materials at released, discharged, placed, held, or disposed of on the Premises by the Tenant or actually known to Tenant, where such release, discharge, placement, holding, or disposal is in violation of this Section 7, within ten days of a request for the list by Landlord’s sole cost . Landlord shall provide Tenant with a list of any and expenseall Hazardous Materials released, discharged, placed, held, or disposed of on the Premises by the Landlord or actually known to Landlord, where such release, discharge, placement, holding, or disposal is in violation of this Section 7, within ten days of a request for the list by Tenant.

Hazardous Materials. (a) As used in this Lease, the term "Hazardous Materials" shall mean and ------------------- include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively "Environmental Laws") or poses or threatens to pose a hazard to ------------------ the health or safety of persons on the Premises or any adjacent property. Landlord represents and warrants that to the best of Landlord's actual knowledge, there are no Hazardous Materials located in, on or under the Building or the Land, and Landlord has received no notices concerning violation of any laws relating to Hazardous Materials with respect to the Building or the Land. If Hazardous Materials are discovered in the Building or on the Land after the Commencement Date and were not caused or permitted by Tenant or Tenant’s 's employees, assignees agents or invitees, then Landlord will be responsible for all costs and expenses associated with regulatory requirements to eliminate any violations of law resulting from such presence and Landlord shall indemnify, defend, and hold Tenant and Tenant's employees, assignees, agents and invitees harmless from any and all claims, costs, liabilities or expenses associated with such Hazardous Materials. (b) Tenant agrees that during its use and occupancy of the Premises shall it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant's business and that it will comply with all Hazardous Materials LawsEnvironmental Laws relating to the use, except for any items set forth on Exhibit “D”. If any Environmental Activities occur storage or are suspected to have occurred in violation disposal of any such Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Materials. (c) If Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal 's use of Hazardous Materials on or otherwiseabout the Premises results in a release, and upon Landlord’s approval discharge or disposal of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During on, in, at, under, or emanating from, the TermPremises or the property in which the Premises are located, Tenant shall immediately advise Landlord agrees to investigate, clean up, remove or remediate such Hazardous Materials in writing of: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion value of the Premises or the property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of which the Premises that materially increase are located. Landlord shall also have the risk that any portion of right, but not the Premises will be exposed obligation, to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect the value of the PremisesPremises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of the right set forth in this Section 5.3(c) shall be payable by Tenant upon demand. -------------- (d) Upon reasonable notice to Tenant, including copies thereof. Landlord shall have the rightmay, and except for any items noted on Exhibit “D” at Tenant’s its sole cost and expense unless a violation is discovered, inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord's part to inspect the Premises, or liability on the part of Landlord for Tenant's use, storage or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the Premises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord and Landlord's employees, assignees, agents and invitees from and against any and all claims, losses (including, without limitation, Landlord’s loss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorneys’ fees and costsattorney's fees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to Landlord’s knowledge, no Environmental Activities in violation Tenant's breach of any Hazardous Materials Laws have occurred prior to provision of this Section 5.3. ----------- (g) The provisions of this Section 5.3 shall survive the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or ----------- earlier termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use (a) During the term of the Premises this Lease, Tenant shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred Laws (as defined in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem Section 25(i) below) applicable to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant operation or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion use of the Premises, including copies thereof. Landlord will cause all other persons occupying or using the Premises to comply with all such Environmental Laws, will immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance. (b) Tenant shall have not generate, use, treat, store, handle, release or dispose of, or permit the rightgeneration, use, treatment, storage, handling, release or disposal of Hazardous Materials (as defined in Section 25(i) hereof) on the Premises, or the Project, or transport or permit the transportation of Hazardous Materials to or from the Premises or the Project except for limited quantities of household cleaning products and office supplies used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises, and except for in compliance with all applicable Environmental Laws. (c) At any items noted on Exhibit “D” time and from time to time during the term of this Lease, Landlord may perform, at Tenant’s sole cost and expense (includingexpense, without limitationan environmental site assessment report concerning the Premises, Landlord’s reasonable attorneys’ fees and costs) and with counsel prepared by an environmental consulting firm chosen by Landlord, to join indicating the presence or absence of Hazardous Materials caused or permitted by Tenant and participate inthe potential cost of any compliance, as a party if it so elects, any legal proceedings removal or actions initiated remedial action in connection with any such Hazardous Materials Claimson the Premises. Tenant shall grant and hereby grants to Landlord represents and warrants its agents access to the Premises and specifically grants Landlord an irrevocable non-exclusive license to undertake such an assessment; and the cost of such assessment shall be immediately due and payable within thirty (30) days of receipt of an invoice therefor. (d) Tenant thatwill immediately advise Landlord in writing of any of the following: (i1) to Landlord’s knowledge, there are not any pending claims or causes of action arising out or threatened Environmental Claim (as defined in Section 25(i) below) against Tenant relating to the Facility Premises or the Project; (2) any condition or occurrence on the Premises as or the Project that (a) results in noncompliance by Tenant with any applicable Environmental Law, or (b) could reasonably be anticipated to form the basis of an Environmental Claim against Tenant or Landlord or the Premises; (3) any condition or occurrence on the Premises or any property adjoining the Premises that could reasonably be anticipated to cause the Premises to be subject to any restrictions on the ownership, occupancy, use or transferability of the Commencement DatePremises under any Environmental Law; and (ii4) the actual or anticipated taking of any removal or remedial action by Tenant in response to Landlord’s knowledge, no Environmental Activities in violation the actual or alleged presence of any Hazardous Material on the Premises or the Project. All such notices shall describe in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial action and Tenant’s response thereto. In addition, Tenant will provide Landlord with copies of all communications regarding the Premises with any governmental agency relating to Environmental Laws, all such communications with any person relating to Environmental Claims, and such detailed reports of any such Environmental Claim as may reasonably be requested by Landlord. (e) Tenant will not change or permit to be changed the present use of the Premises. (f) Tenant agrees to indemnify, defend and hold harmless the Indemnitees from and against all obligations (including removal and remedial actions), losses, claims, suits, judgments, liabilities, penalties, damages (including consequential and punitive damages), costs and expenses (including reasonable attorneys’ and consultants’ 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 (a) the actual or alleged presence of Hazardous Materials Laws have occurred prior on the Project which is caused or permitted by Tenant or a Tenant Party and (b) any Environmental Claim relating in any way to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Tenant’s operation or use of the Premises (the “Hazardous Materials Indemnified Matters”). The provisions of this Section 25 shall survive the expiration or sooner termination of this Lease. (g) To the extent that the undertaking in existence prior the preceding paragraph may be unenforceable because it is violative of any law or public policy, Tenant will contribute the maximum portion that it is permitted to pay and satisfy under applicable Law to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal payment and satisfaction of all Hazardous Materials Indemnified Matters incurred by the Indemnitees. (h) All sums paid and costs incurred by Landlord with respect to any Hazardous Materials Indemnified Matter shall bear interest at Landlord’s sole cost the Default Rate from the date so paid or incurred until reimbursed by Tenant, and expenseall such sums and costs shall be immediately due and payable on demand.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building or are suspected to have occurred in violation Complex ("Insurance Conditions"); (b) dump, flush or otherwise dispose of any Hazardous Materials Laws by Tenant during into the Term drainage, sewage or if Tenant has received notice waste disposal systems serving the Premises, the Building or the Complex; (c) generate, release, spill or dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions); and shall not commit or omissions during suffer to be committed in or on the TermPremises, the Building or the Complex any act which would require any reporting or filing of any notice with any governmental agency pursuant to any Environmental and Health Laws except in connection with the Permitted Uses. Tenant agrees that if it or anyone claiming under it shall transfer to the Premises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and Health Laws or with respect to any Hazardous Materials affecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall have the rightindemnify, defend (by counsel satisfactory to Landlord), protect, and except hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any items noted on Exhibit “D” at person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in party, directly or indirectly, by (i) Tenant’s sole cost 's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental and expense Health Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, Landlord’s reasonable attorneys’ fees capital, operating and maintenance costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation or monitoring of site conditions, there are not pending claims repair, cleanup, containment, remedial, removal or causes of action arising out restoration work, or relating to the Facility detoxification or the Premises as decontamination of the Commencement Date; Premises, and (ii) to Landlord’s knowledge, no Environmental Activities in violation the preparation and implementation of any Hazardous Materials Laws have occurred prior closure, remedial action or other required plans in connection therewith. For purposes of this Subsection 6.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTenant.

Hazardous Materials. Tenant’s use Landlord represents and warrants that, to the best of Landlord's knowledge as of the Premises shall comply with all date of this Lease and as of the date of Substantial Completion (i) there does not exist (and will not exist as of the date of Substantial Completion) any leak, spill, release, discharge, emissions or disposal of Hazardous Materials Lawson the Lot (including the Building to be located thereon), and (ii) the Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials, except as may be contained in customary cleaning supplies or in such other supplies (e.g. paint) that are necessary for Landlord to perform its obligations hereunder. In the event that any items set forth such leak, spill, release, discharge, emission or disposal of Hazardous Materials shall occur on Exhibit “D”the Lot or (apart from DE MINIMIS amounts of such materials used for cleaning and maintenance purposes or in connection with the operation of loading docks) the Park not caused by Tenant or its officers, employees, agents, contractors or licensees, Landlord shall take any and all actions necessary to bring the Premises, the Park and/or the Building (excluding all portions thereof leased or leasable to tenants) into compliance with applicable law and other governmental requirements relating thereto. If any Environmental Activities occur or are suspected Landlord agrees to have occurred in violation notify Tenant immediately upon discovery of any Hazardous Materials Laws by on the Premises or in the Park and to indemnify, defend and hold harmless Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim and its officers, employees and agents from and against any portion of claims, judgments, damages, penalties, fines, costs, liabilities or loss (including without limitation reasonable attorneys' fees) which arise during or after the Premises as a result of Tenant’s acts date hereof from or omissions during in connection with the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual presence or suspected problem through the removal presence of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity Park caused directly by the negligent acts or willful misconduct of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything any language to the contrary contained hereinset forth in this Lease, in no event shall Landlord be obligated to indemnify Tenant be responsible for conditions any Hazardous Materials which arise, as a result of the Premises negligent acts or willful misconduct of Tenant, its officers, employees, agents, contractors or licensees. The covenants and indemnifications set forth in existence prior to this Section 5.1.8 shall survive the Commencement Date, expiration or earlier termination of this Lease; and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s The Borrower and its Subsidiary Entities have caused Phase I and the other environmental assessments as set forth in Schedule 4.15 to be conducted or have taken other steps to investigate the past and present environmental condition and use of the Premises shall comply with all Hazardous Materials LawsMortgaged Property. Based on such investigation, except as otherwise disclosed in the assessments listed on Schedule 4.15: (1) during the period of ownership of any Mortgaged Property by any Operating Company Entity, such Mortgaged Property (or any portion thereof) has not been used for the purpose of, or in any items set forth on Exhibit “D”. If any Environmental Activities occur way involving, the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or are suspected to have occurred in violation disposal of any Hazardous Materials Laws by Tenant during on, under, in or about the Term Mortgaged Property, or if Tenant has received notice of transporting any Hazardous Materials Claim against any portion of to, from or across the Premises as a result of Tenant’s acts or omissions during the TermMortgaged Property, Tenant shall promptly obtain except in all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, cases in accordance material compliance with all Hazardous Materials Laws and only in the course of legitimate business operations at the Mortgaged Property, and to the Borrower’s Knowledge, (a) no such use occurred at any time prior to the period of ownership of such Mortgaged Property by any Operating Company Entity, and (b) no such use has occurred on any property adjacent to such Mortgaged Property at any time prior to the date hereof; (2) the Operating Company Entities have obtained all material environmental, health and safety permits and licenses necessary for their respective operations, and all such permits are in good business practices. During standing and the Termholder of each such permit is currently in compliance with all terms and conditions of such permits; (3) none of the Mortgaged Property is listed or proposed for listing on the National Priorities List (“NPL”) pursuant to CERCLA or on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar applicable state list of sites requiring remedial action under any Hazardous Materials Laws; (3) none of the Operating Company Entities has sent or directly arranged for the transport of any hazardous waste to any site listed or proposed for listing on the NPL, Tenant shall immediately advise Landlord CERCLIS or any similar state list; and (4) to the Borrower’s Knowledge, there is not now on or in writing ofany Mortgaged Property: (a) any Environmental Activities landfill or surface impoundment; (b) any underground storage tanks; (c) any asbestos-containing material; or (d) any polychlorinated biphenyls (PCB), which in the case of any of clauses (a) through (d) could reasonably result in a violation of any Hazardous Materials Laws; . Except as set forth in the environmental reports and studies delivered to the Administrative Agent prior to the date hereof, (bi) any to Borrower’s Knowledge, no Hazardous Materials Claims against Tenant are presently constructed, deposited, stored, or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials otherwise located on, under under, in or about any portion of the Premises Mortgaged Property except in violation of any material compliance with Hazardous Materials Laws; (dii) Tenantto Borrower’s discovery Knowledge, no Hazardous Materials have migrated from the Mortgaged Property upon or beneath other properties which would reasonably be expected to result in material liability for Borrower or any of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materialsits Subsidiary Entities; and (eiii) all communications to or from TenantBorrower’s Knowledge, any governmental authority or any other Person relating to no Hazardous Materials Laws have migrated or Hazardous Materials Claims with respect threaten to any portion of migrate from other properties upon, about or beneath the Premises, including copies thereof. Landlord shall have the right, and except Mortgaged Property which would reasonably be expected to result in material liability for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings Borrower or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseits Subsidiary Entities.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on or under any portion of a Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to such Facility only and this Master Lease shall remain in full force and effect with respect to such Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Master Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for a Facility beyond September 29, 2038 as to such Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises, the Building or the Property in violation of applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (i) Tenant breaches such obligation, (ii) the presence of Hazardous Materials as a result of such a breach results in contamination of the Property, any portion thereof, or any adjacent property, (iii) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises extension or renewal hereof or holding over hereunder as a result of Tenant’s acts the actions of a Tenant Party, or omissions during (iv) contamination of the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal Property occurs as a result of Hazardous Materials that are placed on or otherwiseunder or are released into the Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and upon Landlord’s approval all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) (“Claims”) of any kind or nature, including (w) diminution in value of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises; Property, (cy) damages arising from any remedial action taken adverse impact on marketing of space in the Property or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in response to connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials Claims present in the air, soil or any Hazardous Materials groundwater above, on, under or about any portion the Property as a result of the Premises in violation actions of a Tenant Party. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Property, any portion thereof or any adjacent property caused by any Tenant Party results in any contamination of the Property, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination, as and to the extent required by an independent third party state-certified professional with appropriate expertise in such Hazardous Materials cleanup and who is reasonably acceptable to Landlord; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section 5.4 shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. (b) Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with applicable Laws and Environmental Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (i) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any Environmental Laws, (ii) a list of any and all approvals or permits from governmental authorities required in connection with the risk that any portion presence of such Hazardous Material at the Premises will and (iii) correct and complete copies of (x) notices of violations of applicable Laws related to Hazardous Materials and (y) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Property (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all governmental authorities for any storage tanks installed in, on, under or about the Property for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless there are any changes to the Hazardous Materials Documents or Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section 5.4 to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from . Landlord may, at Tenant’s expense, any governmental authority or any other Person relating to cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates Tenant’s non-compliance with this Lease or applicable Laws (including without limitation any failure by Tenant to cause the Tenant Parties to comply with the requirements of this Lease), including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or a Tenant Party’s or Parties’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. (c) At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the rightright to conduct appropriate tests of the Property or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Property in violation of Tenant’s obligations under this Lease. (d) If storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any storage tanks, and except take or cause to be taken all other steps necessary or required under the applicable Laws. Tenant shall have no responsibility or liability for any items noted on Exhibit “D” at storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s sole cost and expense responsibility for such tanks shall be as set forth in this Section 5.4. (including, without limitation, Landlorde) Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. (f) Tenant’s reasonable attorneys’ fees and costs) and with counsel chosen obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Landlord, Tenant or Landlord after the termination of this Lease to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with complete the removal from the Premises of any Hazardous Materials Claims. that are Tenant’s responsibility hereunder, Tenant shall be deemed a holdover tenant and subject to the provisions of Section 12.1. (g) Landlord represents that, to the best of its knowledge, Landlord has not received written notice of the presence within the Building and warrants to Tenant that: Premises of any Hazardous Materials in violation of applicable Environmental Laws. In the event that (i) any unlawful levels or concentrations of Hazardous Materials are found to Landlord’s knowledgeexist in the Premises, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) applicable laws and regulations require that the same be removed or remediated in order for the Premises to Landlord’s knowledgebe used for the Permitted Use, no Environmental Activities in violation of any and (iii) such Hazardous Materials Laws have occurred prior to the Commencement Date which have were not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of brought into or onto the Premises in existence prior to the Commencement Dateor released or otherwise introduced by Tenant or by a Tenant Party or Parties, and, if required by lawthen as between Landlord and Tenant, Landlord hereby agrees to remedy undertake such action as may be required by such applicable law or regulation. Nothing herein shall limit Landlord’s right to pursue any third party or parties (and Tenant shall reasonably cooperate with Landlord in such actual effort) or suspected problem through to contest by any lawful means the removal of Hazardous Materials at Landlord’s sole cost and expenseor remediation requirement or to seek a stay or delay in any enforcement action.

Hazardous Materials. Tenant’s use of the Premises a. Tenant shall comply with all Hazardous Materials applicable environmental laws, orders, regulations, ordinances and directives now existing or hereafter enacted (“Environmental Laws”) and, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, shall perform any act or obligation arising from or as is necessary to achieve such compliance arising from its use of the Premises. Landlord shall, at its sole cost and expense, perform any act or obligation in order to comply with all Environmental Laws except those which are T▇▇▇▇▇’s obligation hereunder. b. Tenant shall not cause or permit any portion of the Premises to be used for the production, storage, deposit or disposal of Hazardous Materials, nor shall Tenant permit Hazardous Materials ever to be placed or located upon the Premises. Notwithstanding the above prohibition, Tenant acknowledges that it stores Hazardous Materials (thinners, lacquers, glues, varnishes, etc.) including the listed petrochemicals and finishes containing urea formaldehyde and covenants that same are at all times used, kept and stored in full compliance with the Environmental Laws including the storing of the Hazardous Materials in code-compliant flammable cabinets. As used herein, “Hazardous Materials” means all substances or pollutants which are declared to be or regulated as hazardous, toxic, dangerous or polluting substances under the Environmental Laws at any time during the Term of this Lease, including, without limitation, Landlord’s reasonable attorneys’ fees asbestos, polychlorinated biphenyles (PCBs), urea formaldehyde, foam insulation, and costs) petroleum products and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, by-products. c. Tenant shall promptly notify Landlord of any legal proceedings actual or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or threatened lien against the Premises as of which T▇▇▇▇▇ becomes aware pursuant to any of the Commencement Date; and (ii) to Landlord’s knowledgeEnvironmental Laws. Tenant, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at LandlordTenant’s sole cost and expense, shall promptly discharge and remove any lien arising from Tenant’s violation of any of the Environmental Laws, such action to be completed within thirty (30) days after Tenant first receives notice of such lien or violation or such shorter period of time if required (1) by the governmental agency enforcing the correction of such violation, or (2) to prevent the holder of any such lien from forcing the sale of the Premises.

Hazardous Materials. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if any extension or renewal hereof or any holding over by Tenant has received notice of any Hazardous Materials Claim against any portion hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any occurrence and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. 21.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or condition on or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3 Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4 At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5 If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6 Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises of which Tenant becomes aware. 21.7 Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8 As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant’s use of the Premises shall comply Keep and maintain, and cause its Subsidiaries to keep and maintain, all real Property in which Borrower or a Subsidiary has any ownership or leasehold interest (“Real Property”) in compliance with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred ; provided that Borrower shall not be in violation of this covenant to the extent that such non-compliance creates no material risk to occupants of such Real Property, material damage to such Real Property or material threat to the environment for which, in the case of leased Real Property, Borrower or any Hazardous Materials Laws by Tenant during of its Subsidiaries is liable and to the Term extent that any fines, penalties or if Tenant has received notice other assessments in respect of any Hazardous Materials Claim against any portion of such non-compliance do not exceed $1,000,000 in the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits aggregate; and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisenot, and upon Landlord’s approval not permit any of the remediation planits Subsidiaries to, remedy any such problem to the satisfaction use, generate, manufacture, store or dispose of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Real Property, or transport to or from any Real Property, any flammable explosives, radioactive materials, hazardous wastes or toxic substances, including any substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” or “toxic substances” under any applicable Laws (collectively referred to herein as “Hazardous Materials”) except for the Hazardous Materials (a) listed on Schedule 6.12 (and, to the extent such listing includes “trade name” substances, substitutions for such trade name substances containing the same component hazardous material), or (b) used by Borrower, its Subsidiaries and other occupants of the Premises Real Property in violation connection with their respective business operations or for general maintenance of any such Real Property and in material compliance with Hazardous Materials Laws, in no greater than commercially reasonable quantities, in both cases for which disposal has been or will be arranged in accordance with applicable Laws; provided that Borrower shall indemnify, defend and hold harmless the Indemnitees from and against (d) Tenant’s discovery of any occurrence or condition on or in which indemnity shall survive the vicinity of any portion repayment of the Premises that materially increase Obligations) any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the risk that any portion use, generation, storage, release, threatened release, discharge, transportation, disposal, or presence of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws (including asbestos) on, under or Hazardous Materials Claims with respect to about the any portion of the PremisesReal Property, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethe costs of any required or necessary repair, there are not pending claims cleanup or causes detoxification of action arising out any Real Property, and the preparation and implementation of any closure, remedial or relating to the Facility or the Premises as of the Commencement Date; other required plans and (ii) to Landlord’s knowledgeall reasonable costs and expenses incurred by the Indemnitees in connection with clause (i), no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseincluding all reasonable Attorney Costs.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items Except as set forth on Exhibit “D”. If in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any Environmental Activities occur or are suspected to have occurred in violation knowledge of any Hazardous Materials Laws by Tenant during that have been generated, released, stored or deposited over, beneath or on the Term Land or if Tenant has received notice of in any structure located on the Land. No Hazardous Materials Claim against any portion will be used in the construction of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the PremisesProject, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any remedial action taken by Tenant in response to and all expenses or obligations incurred at, before and after any Hazardous Materials Claims trial or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesappeal therefrom, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees ' fees, witness fees, deposition costs, photocopying charges and costs) and with counsel chosen other expenses, all of which shall be paid by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials ClaimsBorrower when incurred. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as The provisions of the Commencement Date; foregoing representations, warranties and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to covenants shall not limit the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions provisions of the Premises in existence prior to Indemnity Agreement and the Commencement Daterights, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost remedies and expenseprotections herein and therein shall be cumulative.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately promptly advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) that to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials on the Premises: A. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s Agents after the Effective Date in or about the Premises shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Premises by Tenant or Tenant’s Agents after the Effective Date. B. If the presence of Hazardous Materials on the Premises caused by Tenant or Tenant’s Agents after the Effective Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all action necessary to investigate and remediate such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Premises or any part thereof. Tenant shall comply further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, including attorneys’ fees and costs, arising out of or in connection with all any investigation and remediation required hereunder to return the Premises to its condition existing prior to the appearance of such Hazardous Materials. C. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials Lawswhich relates to the Premises, except for and (ii) any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws by Law. Tenant during may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Term or if Tenant has received notice of any Premises and such other Hazardous Materials Claim against any portion of as are necessary for the Premises as a result operation of Tenant’s acts or omissions business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises. At any time during the Lease Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseshall, and upon within five days after written request therefore received from Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, disclose in accordance with writing all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken that are being used by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereofthe nature of such use, and the manner of storage and disposal. D. Landlord may cause testing ▇▇▇▇▇ to be installed on the Premises, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord shall have the right, supply Tenant with copies of such test results. The cost of such tests and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; installation, maintenance, repair and (ii) replacement of such ▇▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts which give rise to Landlord’s knowledge, no Environmental Activities liability of Tenant pursuant to its indemnity given in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Section 7.2A or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseSection 7.

Hazardous Materials. TenantNotwithstanding anything contained herein to the contrary: A. Tenant covenants and agrees that it shall not cause, conduct, authorize or allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or activities conducted thereon. For avoidance of doubt, nothing in this Section 271.A shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. B. Tenant shall, at its own cost, comply and ensure that the Premises and all operations and activities at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials. Tenant shall, at its own cost, obtain all permits, licenses and authorizations required under Environmental Laws for the operations and activities conducted at the Premises. C. Tenant shall promptly provide Landlord with written notice of any actual or potential violation of Environmental Laws, any Release of Hazardous Materials in or around the Premises that could impact the Premises or require any investigation, remediation or other response action under Environmental Law, and any claim or threat of a claim asserting any liability under Environmental Laws relating to the Premises, and copies of all reports, site assessments, and material communications, permits or agreements to, from or with any governmental authority or other third party relating to such violation, Release or claim; and D. Landlord and Landlord’s use Representatives, including such environmental consultants as Landlord may designate, shall have the right upon reasonable prior notice, and subject to Section 14 hereof, to enter the Premises and/or conduct appropriate tests and investigations for the purpose of assessing the condition of the Premises shall comply or ascertaining that Tenant complies with the terms of this Lease and with all Hazardous Materials Lawsapplicable Environmental Laws that relate in any way to the Premises. E. If the presence, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Release, threat of Release, presence or are suspected to have occurred placement on, in violation or around the Premises, or the generation, transportation, storage, use, treatment, or disposal at or around the Premises of any Hazardous Materials Laws Material by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant, Tenant’s acts Representatives, or omissions during by any third party other than Landlord or Landlord’s Representatives: (i) gives rise to liability or obligation (including, but not limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause a material and adverse effect on public health or occupational safety and health, (iii) pollutes or threatens to pollute the Termenvironment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly obtain take any and all permits remedial and approvals removal actions required by Environmental Laws or otherwise necessary to remedy any such actual or suspected problem through clean up the removal of Hazardous Materials or otherwise, and upon Landlord’s approval Premises to comply with all environmental standards applicable to the Premises given its use at the time of the remediation plan, remedy any such problem and mitigate exposure to liability arising from the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Material. F. Tenant shall immediately advise promptly notify Landlord in writing upon Tenant becoming aware of: (ai) any Environmental Activities in violation enforcement action, investigation, cleanup, notice of violation, or other regulatory action taken or threatened against either party or otherwise related to the Premises by any governmental authority with respect to the presence of any Hazardous Materials Material at the Premises, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any governmental authority or other person against either party hereto or otherwise relating to any actual or alleged violation of or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws; , (biii) any Release of Hazardous Materials, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Premises, and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental authority respecting any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials in, at, on, under or about the Premises, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the status and Tenant’s actions to resolve such matters, and shall furnish Landlord with such other documents and information as Landlord may reasonably request with respect thereto. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any portion Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the same, and such other information as the Landlord may reasonably require or as may be required by Environmental Laws. G. Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, in the manner specified in Section 20, from and against any and all liability, claim, expense, cause of action, fines, judgments, settlements, investigation, monitoring and remediation costs, penalties, losses and damages (including reasonable attorney’s, consultant’s and contractor’s fees) resulting or arising from (i) the breach by Tenant of its covenants and agreements set forth in this Section 27, (ii) the presence, Release, placement on, in or around the Premises, or the generation, transportation, storage, use, treatment or disposal at or around the Premises in violation of any Hazardous Materials Laws; before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s Representatives, (diii) Tenantany violation of or obligation under Environmental Law before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Representatives, and (eiv) all communications to claims by governmental authorities or from Tenant, any governmental authority other third parties associated with Hazardous Materials or violations of or obligations under Environmental Laws by Tenant or any third party other Person relating to Hazardous Materials Laws than Landlord or Landlord’s Representatives, or Hazardous Materials Claims with respect to present at, on, under or about the Premises before or during the Term and any portion of the PremisesRenewal Term, including copies thereof. Landlord shall have the rightas applicable, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees limitation those that were discovered during the Term and costs) and with counsel chosen by Landlord, to join and participate inany Renewal Term, as a party if it so electsapplicable, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred which were caused prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTerm by Tenant or its agents, representatives, employees, contractors, subcontractors, licensees or invitees or any third party other than Landlord or Landlord’s Representatives; provided, however, in no event shall Tenant be responsible for conditions Tenant’s indemnity obligations hereunder apply to any violations of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Environmental Laws or suspected problem through the removal Releases of Hazardous Materials at caused by the gross negligence or willful misconduct of Landlord or Landlord’s sole cost and expenseRepresentatives. The foregoing indemnity obligations shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant agrees that neither Tenant’s use of the Premises , nor any other Tenant Party, shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of Handle any Hazardous Materials Laws by in the Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Space or any portion of the Premises; (c) Building or the Property. Additionally, Tenant agrees that neither Tenant, nor any remedial action taken by other Tenant Party, shall use the Tenant Space in response any manner which may directly or indirectly lead to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection non-compliance with any Hazardous Materials Claims. Environmental Law. 6.3.2.1 Landlord hereby represents and warrants to Tenant that: (i) , to the best of Landlord’s knowledgeActual Knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Effective Date; , (a) neither the Property, nor the Building nor the Tenant Space contain any Hazardous Materials, other than those amounts and types of Hazardous Materials (e.g., the battery acid contained within the Building’s batteries) that are utilized in the ordinary course of operating the Building, (b) neither the Property, nor the Building nor the Tenant Space contain Hazardous Materials at levels or in conditions that are in violation of applicable Environmental Laws, (c) no underground storage tanks are located on the Property, (d) no Claims or actions of any sort have been brought against Landlord concerning Hazardous Materials on the Property, and (iie) no investigations have been initiated against Landlord concerning Hazardous Materials on the Property. 6.3.2.2 Landlord shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord’s knowledgeTenant and hold Tenant harmless from and against, no Environmental Activities in violation any liabilities, losses, claims, demands, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses actually incurred by Tenant as a result of the presence of any Hazardous Materials Laws have occurred prior to in, on, about, under or emanating from the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or Property as of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Effective Date of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. (a) As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively “Environmental Laws”) or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent property. (b) Tenant agrees that during its use and occupancy of the Premises it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant’s business and that it will comply with all Environmental Laws relating to the use, storage or disposal of any such Hazardous Materials. (c) If Tenant’s use of Hazardous Materials on or about the Premises shall comply with all Hazardous Materials Lawsresults in a release, except for any items set forth on Exhibit “D”. If any Environmental Activities occur discharge or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials on, in, at, under, or otherwiseemanating from, and upon Landlord’s approval of the remediation planPremises or the property in which the Premises are located, remedy any Tenant agrees to investigate, clean up, remove or remediate such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion value of the Premises or the property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of which the Premises that materially increase are located. Landlord shall also have the risk that any portion of right, but not the Premises will be exposed obligation, to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect the value of the Premises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of such right shall be payable by Tenant upon demand. (d) Upon reasonable notice to Tenant, Landlord may inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord’s part to inspect the Premises, including copies thereof. or liability on the part of Landlord for Tenant’s use, storage or disposal of Hazardous Materials, it being understood that Tenant shall have be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the rightPremises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and except for in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, losses (including, without limitation, Landlordloss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorney’s reasonable attorneys’ fees and costsfees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to LandlordTenant’s knowledge, no Environmental Activities in violation breach of any Hazardous Materials Laws have occurred prior to provision of this Section. (g) The provisions of this Section shall survive the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or earlier termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use Tenant shall not use, introduce, bring onto the Premises, generate, treat, store or dispose of Hazardous Material on the Premises or Common Area of the Building or the Land except in accordance with all laws, ordinances, rules and regulations of all governmental authorities having jurisdiction over the Premises or Common Area. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or Common Area caused or permitted by Tenant results in contamination of the Premises or Common Area, then Tenant shall comply with indemnify, defend and hold Landlord harmless from any and all Hazardous Materials Lawsclaims, except for any items set forth on Exhibit “D”. If any Environmental Activities occur judgments, damages, penalties, fines, costs, liabilities, or are suspected to have occurred losses (including without limitation diminution in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion value of the Premises or Common Area, damages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Premises or Common Area, and sums paid in settlement of claims; attorneys’ fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of Tenant’s acts such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or omissions during any clean-up, remedial removal or restoration work required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material present in the Termsoil or groundwater on or under the Premises or Common Area, diminution Area, in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Common Area, damages arising from any adverse impact on marketing of space in the building, and sums paid in settlement of claims, attorneys’ fees, consultant fees, laboratory fees and expert fees. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises or Common Area caused or permitted by Tenant results in any contamination of the Premises or Common Area, Tenant shall promptly obtain take all permits and approvals actions at its sole expense as are necessary to remedy return the Premises or Common Area to the condition existing prior to the contamination of the Premises or Common Area by any such actual or suspected problem through the removal of Hazardous Materials or otherwiseMaterial; provided, and upon however, Landlord’s approval of the remediation plansuch action shall first be obtained, remedy any such problem which approval shall not be unreasonably withheld. Tenant will deliver to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation copies of any Hazardous Materials Laws; (b) documents received from, or sent by Tenant to, the United States Environmental Protection Agency and/or any Hazardous Materials Claims against Tenant state, county or any portion of municipal environmental or health agency concerning the Tenant’s operations on the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use a. As used herein, the terms “Environmental Laws,” “Hazardous Materials,” and “Hazardous Material Activities” shall have the same meanings as identified on Exhibit C, which is incorporated herein in its entirety by this reference. b. Subtenant shall conduct any and all of its Hazardous Materials Activities on the Premises and Sublease Premises in compliance with the provisions of the Premises shall Master Lease and all applicable Environmental Laws. c. Subtenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all environmental permits, licenses, certificates, authorizations, or approvals required under any Environmental Laws for any Hazardous Materials LawsActivities at the Premises or Sublease Premises by Subtenant (“Environmental Approvals”). d. Sublandlord and Subtenant each shall deliver promptly to the other any notices, except for orders, or similar documents received from any items set forth on Exhibit “D”. If governmental agency or official or third party concerning any Environmental Activities occur or are suspected to have occurred in alleged violation of any Hazardous Materials Laws Environmental Law. Upon having knowledge thereof, Sublandlord and Subtenant each shall promptly provide notice to the other party of: i. any regulatory action that has been instituted, or threatened by Tenant during the Term any governmental agency or if Tenant has received notice of any Hazardous Materials Claim against any portion of court with respect to the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response Sublease Premises that relates to any Hazardous Materials Claims or Activities; ii. any claim relating to any Hazardous Materials Activities at the Premises; or Sublease Premises; or iii. any actual or threatened material release on, under or about any portion of the Premises in violation or Sublease Premises of any Hazardous Materials Material(s), except any Hazardous Material(s) whose discharge or emission is expressly authorized by and in compliance with an Environmental Approval issued by a federal, state, regional or local governmental agency pursuant to Environmental Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant. e. Subtenant shall indemnify, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the righthold harmless, and except for defend Sublandlord from and against any items noted on Exhibit “D” at Tenant’s sole cost liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expense expenses (including, without limitation, attorneys’, experts’ and consultants’ fees, costs of investigation, and feasibility studies), fines, penalties, and monetary sanctions or interest which are incurred at any time related directly or indirectly to Hazardous Materials Activities of Subtenant or its employees, agents, contractors or invitees on or about the Premises or Sublease Premises, except to the extent any of the foregoing is caused by the negligence or willful misconduct of Sublandlord or Master Landlord’s . f. Sublandlord shall indemnify, hold harmless, and defend Subtenant from and against any liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expenses (including, without limitation, reasonable attorneys’, experts’ fees and costs) consultants’ fees, costs of investigation, and with counsel chosen by Landlordfeasibility studies), fines, penalties, and monetary sanctions or interest which are related directly or indirectly to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeActivities of Sublandlord or its employees, there are not pending claims agents, contractors or causes of action arising out invitees on or relating about the Premises or Sublease Premises, except to the Facility or the Premises as extent any of the Commencement Date; foregoing is caused by the Subtenant or Master Landlord. g. The provisions of Sections 15.e and (ii) to Landlord’s knowledge, no Environmental Activities in violation 15.f shall survive the expiration or earlier termination of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Sublease.

Hazardous Materials. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary commercially available products which contain Hazardous Materials; provided, that (i) such products are ordinarily and customarily used in the ordinary course of first-class business offices, and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises shall comply Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss or damage to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all Hazardous Materials Lawsapplicable Requirements, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected and (iii) to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim indemnify, defend and hold Landlord harmless from and against any portion claims, suits, causes of the Premises as a result of Tenant’s acts or omissions during the Termaction, Tenant shall promptly obtain all permits costs and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisefees, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, attorneys’ fees, to the extent arising from or connected with any such contamination, claim of contamination, loss or damage. On the Commencement Date Landlord’s reasonable attorneys’ fees Work shall be delivered to Tenant free and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with clear of any Hazardous Materials ClaimsMaterials. As of the Effective Date, Land▇▇▇▇ ▇▇▇ not received written notice that the Premises is in violation of any applicable Requirements. Landlord represents and warrants agrees that if Hazardous Materials subsequently are discovered to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or have been in the Premises as of the Commencement Date; , and (ii) as of such date such substances or materials were deemed pursuant to Landlord’s knowledge, no Environmental Activities in violation of any applicable Requirements to constitute Hazardous Materials Laws have occurred prior (“Pre-Existing Hazardous Materials”), then Landlord shall be responsible for the removal thereof in accordance with then-current industry customs and practices and if, as and to the Commencement Date which have extent required by applicable Requirements. If Landlord is required to remove or remediate any Pre-Existing Hazardous Materials, and such removal or remediation reasonably results in Tenant not been remedied being able to use all or any material portion of the Premises for the Permitted Use for a period of seven (7) consecutive days after Land▇▇▇▇’▇ receipt of written notice from Tenant of such Pre-Existing Hazardous Materials, then provided that Tenant actually ceases using all or such material portion of the Premises for the Permitted Use, then, as the sole and exclusive remedy of Tenant on account thereof, the Base Rent and other Rent amounts payable hereunder shall thereafter be equitably abated until the date that Landlord has removed or remediated the Pre-Existing Hazardous Materials in fullaccordance with all applicable Requirements. Notwithstanding anything to the contrary contained hereinforegoing, in no event shall Landlord have any responsibilities, liabilities, or obligations, and Tenant shall not be responsible for conditions entitled to any abatement of Rent, with respect to Hazardous Materials which may be released, used, disturbed, exposed, exacerbated or disposed of by Tenant or any of its employees, agents, contractors or subtenants. For purposes of this Section 5.7, the term “material portion of the Premises Premises” shall mean at least 2,000 rentable square feet of the Premises. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in existence prior any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable law for and with respect to the Commencement Dateforegoing. The terms of this Section 5.7 shall apply to any transportation, andhandling, if required by lawstorage, Landlord hereby agrees to remedy any such actual use or suspected problem through the removal disposal of Hazardous Materials at irrespective of whether Tenant has obtained Landlord’s sole cost and expenseconsent therefor.

Hazardous Materials. Tenant’s use 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermPremises by a Tenant Party, then Tenant shall promptly obtain indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Premises. Without limiting the foregoing, if the presence of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence in, on, under or condition on or in about the vicinity of Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. 8.2. Landlord acknowledges that it is not the intent of this Section 8 to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from governmental authorities required in connection with the presence of such Hazardous Material at the Premises will be exposed and (c) correct and complete copies of notices of violations of Applicable Laws related to Hazardous Materials (collectively, "Hazardous Materials Documents"). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Tenant Improvements or Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials; . In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord's review into Tenant's Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant's or other tenants' use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 8.3. Tenant represents and warrants to Landlord that Tenant is not, nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (ea) all communications subject to or from Tenant, a material enforcement order issued by any governmental authority or (b) required to take any other Person relating remedial action. 8.4. At any time, and from time to Hazardous Materials Laws or Hazardous Materials Claims with respect time, prior to any portion the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions conduct appropriate tests of the Premises in existence prior or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the Commencement Dateacts or omissions of a Tenant Party, andthe cost of which shall be an Operating Expense. 8.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required by law, under the Applicable Laws. 8.6. Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 8.7. Tenant's obligations under this Section 8 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Section 4. 8.8. As used herein, the term "Hazardous Material" means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any governmental authority.

Hazardous Materials. TenantSublessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessee’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) Sublessee that to LandlordSublessor’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use Leased Property. ------------------------------------- (i) To the best knowledge of the Premises shall comply Lessee, except as described in the Environmental Audit, on the Closing Date, there are no Hazardous Materials present at, upon, under or within such Leased Property or released or transported to or from such Leased Property (except in compliance in all material respects with all Hazardous Materials LawsApplicable Law). (ii) On the Closing Date, except for no Governmental Actions have been taken or, to the best knowledge of the Lessee, are in process or have been threatened, which could reasonably be expected to subject such Leased Property, any items set forth on Exhibit “D”. If Lender or the Lessor to any Claims or Liens with respect to such Leased Property under any Environmental Activities occur Law which would have a material adverse effect, or are suspected to would have occurred in violation of a Material Adverse Effect on the Lessor or any Hazardous Materials Laws Lender. (iii) The Lessee has, or will obtain on or before the date required by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermApplicable Law, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwiseLeased Property, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesif any, in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Term, Tenant shall immediately advise Landlord extent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) Except as set forth in the Environmental Audit or in any notice subsequently furnished by the Lessee to the Agent and approved by the Agent in writing of: (a) prior to the respective times that the representations and warranties contained herein are made or deemed made hereunder, no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Governmental Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Law. To the best knowledge of the Premises; (c) any remedial action taken by Tenant in response Lessee, no material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion thereof are presently in compliance in all material respects with all Environmental Laws, and, to the best knowledge of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeLessee, there are not pending claims no present or causes past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including without limitation the release or presence of action arising out Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a material Claim against the Leased Property, any Funding Party or the Lessee, (B) cause the Leased Property to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law, (C) require the filing or recording of any notice or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located, or (D) prevent or materially interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Project occurs as a result of Hazardous Materials Laws, except for any items set forth that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises in violation that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials Laws; and (dii) Tenant’s discovery plans relating to the installation of any occurrence storage tanks to be installed in, on, under or condition on about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or in any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (1) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Project, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials Laws contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant's Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies only) may be Handled at the Premises without Landlord's prior written consent. Tenant's Hazardous Materials shall be Handled at all times in compliance with the manufacturer's instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained hereinPremises, in no event shall Tenant be responsible for conditions any portion of the Premises in existence prior to Building or any other tenants of the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord's request stating Tenant's best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any of its employees, agents, contractors and invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials Laws, except for any items set forth from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) without duplicating damages under (w) and (x), damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Premises (collectively, “Investigation and Remediation Costs”). Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property; provided, that Landlord will not withhold its consent if such action is mandated by Applicable Laws. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims (including Investigation and Remediation Costs) resulting from the presence of Hazardous Materials at the Premises in violation of any Applicable Laws as of the Execution Date, unless placed at the Premises by a Tenant Party, or the migration of Hazardous Materials Laws; (d) from the Premises to any adjacent property in violation of Applicable Laws prior to the Execution Date, unless caused by a Tenant Party. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s discovery industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any occurrence and all approvals or condition on permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Premises (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Premises for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (l) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Premises, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 or 21.2, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question and such party has failed to timely commence such remedial action and prosecute the same to completion in accordance with its contractual requirements and Applicable Laws or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims and is not complying with such order, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Premises or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority or under any Applicable Law.

Hazardous Materials. Tenant’s use Tenant shall not use, generate, store, or dispose of, or permit the use, generation, storage or disposal of the Premises shall comply with all Hazardous Materials Laws, on or about the Rangers Complex except in a manner and quantity necessary for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result ordinary performance of Tenant’s acts business, and then in compliance with all Applicable Laws regarding Hazardous Materials. Tenant (i) shall furnish or omissions during cause to be furnished to Landlord copies of any soils and other geotechnical reports that Tenant may obtain relating to the TermLand, promptly after receipt thereof, and (ii) shall use good faith efforts to have the entities that rendered such reports include the City as an additional addressee and/or cause such reports to contain a statement that expressly permits the City to be able to rely on each such report. If Tenant breaches its obligations under this Section 5.9, Landlord may, following reasonable advance notice in writing to Tenant (except in the event of an emergency) and the continuation of such breach following such notice period, take any and all action reasonably appropriate to remedy the same, including taking all appropriate action to clean up or remediate any contamination resulting from Tenant’s use, generation, storage or disposal of Hazardous Materials. In addition to any other indemnity of Landlord elsewhere in the Lease or any other Project Document, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisedefend, indemnify, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of hold harmless Landlord and its representatives and agents from and against any and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws demands, liabilities, causes of action, suits, judgments, damages and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: expenses (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costscost of clean-up and remediation) and with counsel chosen by Landlordarising from Tenant’s use, to join and participate ingeneration, as a party if it so elects, any legal proceedings storage or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials on or about the Rangers Complex at any time during the Term. Upon expiration or early termination of this Lease, Landlord may require Tenant, at Landlord’s sole cost option and expensediscretion, to remediate and restore any physical conditions which were present on some or all of Land during or prior to the Term (and in any event before the Effective Date).

Hazardous Materials. Section 14.1 Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Demised Premises in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Demised Premises required for Tenant’s use of the Premises shall comply and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Demised Premises (other than small quantities of cleaning or other supplies). On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Demised Premises (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, except for all Hazardous Materials Tenant causes to be present in, on, under or about the Demised Premises. Tenant will not take any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected remedial action in response to have occurred in violation the presence of any Hazardous Materials Laws by Tenant during in, on, under or about the Term Demised Premises, nor enter into any settlement agreement, consent decree or if Tenant has received notice of other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials Claim against any portion of in, on, under or about the Premises as a result Demised Premises, without first notifying Landlord of Tenant’s acts or omissions during intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the TermDemised Premises. Section 14.2 Tenant will notify Landlord of any of the following actions affecting Landlord, Tenant shall promptly obtain all permits and approvals necessary or the Demised Premises that result from or in any way relate to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordTenant’s approval use of the remediation plan, remedy any such problem to Demised Premises immediately after receiving notice of the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing ofsame: (a) any Environmental Activities in violation of enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened under any Hazardous Materials LawsLaw; (b) any Claim made or threatened by any person relating to damage, contribution, liability, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials Claims against Material; and (c) any reports made by any person, including Tenant, to any environmental agency relating to any Hazardous Material, including any complaints, notices warnings or asserted violations. Tenant will also deliver to Landlord, as promptly as possible and in any event within five (5) Business Days after Tenant first receives or sends the same, copies of all Claims, reports, complaints, notices warnings or asserted violations relating in any portion way to the Premises or Tenant’s use of the Premises. Upon Landlord’s written request, Tenant will promptly deliver to Landlord documentation acceptable to Landlord reflecting the legal and proper disposal of all Hazardous Materials removed or to be removed from the Premises. All such documentation will list Tenant or its agent as a responsible party and will not attribute responsibility for any such Hazardous Materials to Landlord or to the manager of the Demised Premises. Section 14.3 Tenant acknowledges and agrees that all reporting and warning obligations required under Hazardous Materials Laws resulting from or in any way relating to Tenant’s use of the Premises or Demised Premises are Tenant’s sole responsibility, regardless whether the Hazardous Materials Laws permit or require Landlord to report or warn. Section 14.4 Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord and any Mortgagee from and against any and all claims whatsoever arising or resulting, in whole or in part, directly or indirectly, from the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under, upon or from the Demised Premises (including water tables and atmosphere) resulting from or in any way related to tenant’s occupancy and use of the Premises or Demised Premises, or as a result of the acts, actions, or omissions of any third party. Tenant’s obligations under this section include, without limitation and whether foreseeable or unforeseeable, (a) the costs of any required or necessary repair, clean-up, detoxification or decontamination of the Demised Premises; (b) the costs of implementing any closure, remediation or other required action in connection therewith as stated above; (c) the value of any remedial loss of use and any diminution in value of the Demised Premises; and (d) consultants’ fees, experts’ fees and response costs. Section 14.5 Removal or remediation of Hazardous Materials from the Demised Premises shall be completed to the reasonable satisfaction of a third party environmental expert reasonably satisfactory to Landlord and Tenant. In the event (i) Hazardous Materials are discovered upon the Premises, and (ii) Landlord has been given written notice of the discovery of such Hazardous Materials, and (iii) neither Landlord nor Tenant is obligated under this Lease to pay the cost of compliance with Hazardous Materials Laws with respect to such Hazardous Materials, then and in that event Landlord may voluntarily, but shall not be obligated to, agree with Tenant to take all action taken by necessary to bring the Demised Premises into compliance with Hazardous Materials Laws at Landlord’s sole cost and expense. In the event Landlord fails to notify Tenant in response to any writing with thirty (30) days after the date Landlord receives written notice of the discovery of such Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of that Landlord intends to voluntarily take such action as is necessary to bring the Premises in violation of any into compliance with Hazardous Materials Laws; , Tenant may (di) Tenant’s discovery of any occurrence or condition on or in bring the vicinity of any portion of the Demised Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to into compliance with Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any provided such Hazardous Materials Laws have occurred prior to endanger persons or property in, on or about the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or Demised Premises or significantly interfere with Tenant’s use of the Premises in existence prior Demised Premises, terminate this Lease on a date not less than ninety (90) days following the date of Tenant’s written notice to the Commencement Date, and, if required by law, Landlord hereby agrees of its intent to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseterminate this Lease.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of any Hazardous Materials on the Premises: (1) Any handling, transportation, storage treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s agents after the Effective Date in or about the Premises shall comply in all material respects with all applicable Hazardous Materials Laws. Tenant shall not use any Hazardous Material (other than typical janitorial and office supplies) on the Premises, without Landlord’s prior written consent, and, if Tenant is permitted to use such additional Hazardous Materials it shall provide to Landlord copies of any annual or bi-annual inventory/level of usage reports maintained by Tenant or filed with applicable governmental authorities. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses to the extent resulting from the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at the Premises by Tenant or Tenant’s agents after the Effective Date. Notwithstanding any other provision hereof, Tenant shall be sole responsible for the full cost of any Capital Improvement to the Premises required as a result of or arising from Tenant’s use of the Premises shall Hazardous Materials or to have Tenant’s activities comply with all Hazardous Materials Laws. (2) If the presence of Hazardous Materials on the Premises as a consequence of the release or emission by Tenant or Tenant’s agents of a Hazardous Material after the Effective Date results in contamination of the soil or groundwater of the Premises, except for then Tenant shall promptly take any items set forth and all action required by law to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord harmless from and against, all liabilities, actions, claims, expense of decontamination, investigation, recommendation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other costs to any nature, to the extent arising out of any such investigation and remediation required hereunder. (3) Landlord shall be solely responsible for, shall conform to all requirements of law and Private Restrictions regarding, and shall indemnify, defend, and hold harmless Tenant from and against all liabilities, actions, claims, expense of decontamination, investigation, remediation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other of any costs of any nature, to the extent arising out of the presence of any Hazardous Material on Exhibit “D”or about the Premises (other than Hazardous Materials released, disposed of, stored, released, or emitted by Tenant or Tenant’s agents). If Landlord is not aware of the presence of any Hazardous Materials on or about the Premises as of the date of this Lease, other than as disclosed in the Phase I Environmental Activities occur or are suspected Assessment by ▇▇▇▇▇▇ Associates dated November 9, 1999. (4) Landlord and Tenant shall each give written notice to have occurred in the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, and (ii) any contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws by Law. Tenant during may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Term or if Tenant has received notice of any Premises and such other Hazardous Materials Claim against any portion of which are necessary to the Premises as a result operation of Tenant’s acts business and used in accordance with applicable laws or omissions Private Restrictions. At any time during the Lease Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseshall, and upon within five days after written request therefor received from Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, disclose in accordance with writing all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken that are being used by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightnature of such use, and except for the manner of their storage and disposal. (5) As used herein, the term “Hazardous Material,” means any items noted on Exhibit hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term “DHazardous Material,” at Tenant’s sole cost and expense (includingincludes, without limitation, Landlord’s reasonable attorneys’ fees petroleum products, asbestos, PCB’s, and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings material or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Landlord’s knowledge, there are not pending claims or causes Article 11 of action arising out or relating to the Facility or the Premises as Title 22 of the Commencement Date; and California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Landlord’s knowledgeSection 1004 of the Federal Resource Conservation and Recovery Act, no 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Activities in violation Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release, emission, or disposal of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial.

Hazardous Materials. Tenant’s 's use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s 's acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s 's approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s 's discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s 's reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) that to Landlord’s 's knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, and approvals necessary to remedy (y) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant(a) The use, storage, disposal or abandonment of explosives or other hazardous or toxic materials (“Hazardous Materials”) is not permitted on the lands of Owner or their affiliates except as expressly authorized and permitted in the Contract Documents. Should any such materials be so authorized and permitted, Contractor shall submit detailed plans for their care, use and disposal for Owner’s use of approval prior to commencing the Premises Work and shall comply with all Hazardous Materials Applicable Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees the requirements of all public agencies having jurisdiction over their use. (b) In the event that Contractor or any Subcontractor or sub-Subcontractor becomes aware of any materials reasonably believed by Contractor to be Hazardous Materials (other than Hazardous Materials expressly authorized and costspermitted in the Contract Documents) and with counsel chosen by Landlord, to join and participate in, as under on or about the Project Site, Contractor shall immediately notify Owner and stop the Work unless otherwise directed by Owner. Owner shall issue a party written work order in accordance with Article 5 to confirm any work stoppage resulting from the requirements of this Section 3.4(b). Owner will engage an appropriately licensed specialist to investigate, and if it so electsappropriate, remove the Hazardous Materials. Contractor shall not take any legal proceedings or actions initiated in connection remedial action with any regard to Hazardous Materials Claimsat the Project Site or other lands of Owner, without Owner’s express prior written authorization. Landlord represents Contractor shall not enter into any settlement agreement, consent decree or other compromise without first notifying Owner in writing of Contractors intention to do so and warrants affording Owner ample opportunity to Tenant that: protect its interests.‌‌‌ (c) Whenever Contractor becomes aware of any of the following actions with regard to Hazardous Materials that are instituted, completed or threatened and that are applicable to the Project, Contractor shall immediately notify Owner in writing: (i) any governmental or regulatory action; (ii) any claim against Owner or Contractor; or (iii) any report, complaint, notice or warning of asserted violation to Landlord’s knowledgeany environmental agency. (d) If Contractor or any of its permitted Subcontractors haul Hazardous Substances under the Contract Documents, there are not pending claims such hauler shall comply with all Environmental Laws related to or causes of action arising out or relating pertaining to the Facility hauling of such materials, including, without limitation, those promulgated by the United States Environmental Protection Agency or the Premises Department of Toxic Substances Control. In advance of any soil or debris movement activities, the general contractor for each project at Mission Bay must provide Owner with a complete list of all Subcontractors expected to haul soils within the Mission Bay project area, along with (i) Contractor’s certification that these Subcontractors/transporters are properly registered and licensed as hazardous waste haulers by the California Department of the Commencement DateToxic Substances Control; (ii) a copy of each transporter’s DTSC Registration Certificate; (iii) each transporter’s EPA identification number; and (iiiv) to LandlordContractor’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions certification that it has provided each transporter with a copy of the Premises in existence prior to Manifest Variance and had advised the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through transporter of the removal of Hazardous Materials at Landlord’s sole cost and expensespecific requirements.

Hazardous Materials. Tenant’s use (i) To the extent that Company has actual knowledge of the Premises presence of hazardous chemical substances on a Company Facility at the commencement of Provider’s performance of activities on such Company Facility that could in Company’s opinion (i) Confidential 41 pose hazards to human health or safety of Provider’s or Provider’s Personnel working on the Company Facility given the scope of Provider’s Services to be performed or (ii) significantly affect Provider’s performance hereunder on such Company Facility, if requested in writing by Provider prior to commencement of its performance on such Company Facility, Company shall comply with all Hazardous Materials Lawsdisclose such pre-existing conditions to Provider. Conditions, except for including the presence of any items set forth on Exhibit “D”hazardous chemical substance, described or referenced in any reports or studies given to or made available to Provider, or in any studies or investigations by Provider, shall be deemed to have been disclosed upon receipt by Provider of such information. If Company provides any Environmental Activities occur such disclosure(s) of pre-existing conditions to Provider, Provider shall fully review and familiarize itself with such disclosure(s) and shall (A) exercise the Standard of Care in dealing with the disclosed pre-existing conditions; (B) conform to, and otherwise not interfere with any existing programs, controls, limitations or activities which are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises place as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any presence of such actual or suspected problem through the removal of Hazardous Materials or otherwisesubstances, and upon Landlord’s approval of the remediation plan, remedy any (C) take such problem steps (and require all contractors to the satisfaction of Landlord and all applicable governmental authorities, take such steps) in accordance with the Standard of Care, including but not limited to workplace controls, required use of personal protective equipment, or limitations on location and scope of Services to address any hazard to human health or safety. (ii) Provider must comply with all Applicable Laws in the performance of its obligations hereunder including without limitation those regarding hazardous and toxic substances and associated disclosure requirements. Additionally, Provider must comply with Company’s chemical release and hazardous and toxic substances disclosure and notification requirements, including those specified in the Chemical Release/Hazardous Materials Laws and good business practicesToxic Substances Disclosure Requirements Appendix attached hereto. During For Services performed in California or Company’s Facilities, Provider shall comply with the Termrequirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and amendments thereto (commonly referred to as “Proposition 65”). Such compliance may require the posting of notices on the Company Facility to warn people on the Company Facility of the potential for exposure to products which contain certain levels of chemicals known to the State of California to cause cancer, Tenant birth defects or other reproductive harm, as identified and listed by the Governor or the Health and Welfare Agency of the State of California pursuant to the requirements of Proposition 65. Provider shall immediately advise Landlord in writing of: (a) inquire of its Subcontractors whether they have received any Environmental Activities in violation such warning notices from product manufacturers for products being used on the Company Facility, and shall ensure that any such notice, or a general warning sign, is posted conspicuously on the Company Facility so that it is likely to be read and understood by those who may be affected. Provider shall maintain records of any Hazardous Materials Laws; (b) inquiries of its Subcontractors, and any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response responses received from them, and shall make these records available to any Hazardous Materials Claims individual who inquires about potential exposures. If Provider causes or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: discovers (i) to Landlord’s knowledge, there are not pending claims a reportable release of a hazardous substance or causes of action arising out extremely hazardous substance; or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgea discharge or release, no Environmental Activities in violation or potential discharge or release, of any Hazardous Materials Laws have occurred prior a regulated quantity of a listed chemical into a source of drinking water, which includes discharges or releases onto or into land, or into air, so long as the chemical will be deposited directly and immediately into a source of drinking water, then Provider shall immediately stop the activities causing or threatening such discharge or release, prevent or limit human, environmental, or natural resource exposure to the Commencement Date which have not been remedied in fulldischarge or release, and take reasonable steps to stop any continuing discharge or release. Notwithstanding anything Provider shall immediately notify Company that such a discharge or release has occurred or is threatened. Company will then determine whether the substances that gave rise to the contrary contained hereinactual or threatened discharge or release may be used at the Company Facility or need to be removed from the Company Facility in order to comply with the requirements of Proposition 65. (iii) In the event that the removal or remediation of hazardous or toxic substances (other than a Provider Substance Release, in no event as defined below) located on the Company Facility is required under any Applicable Law (a “Company Substance Condition”), then Company shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal or remediation of Hazardous Materials at Landlord’s sole cost and expense.such Company

Hazardous Materials. Tenant’s use of Keep and maintain, and cause its Subsidiaries to keep and maintain, all real Property in which the Premises shall comply Borrower or a Subsidiary has any ownership or leasehold interest (“Real Property”) in compliance with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction extent any non-compliance would not reasonably be expected to constitute or cause a Material Adverse Change; and not permit any of Landlord and all applicable governmental authoritiesits Subsidiaries to, in accordance with all Hazardous Materials Laws and good business practices. During the Termuse, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation generate, manufacture, store or dispose of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Real Property, or transport to or from any Real Property, any flammable explosives, radioactive materials, hazardous wastes or toxic substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” or “toxic substances” under any Applicable Laws (collectively referred to herein as “Hazardous Materials”) except for (a) Hazardous Materials listed on Schedule 6.12 (and, to the extent such listing includes “trade name” substances, substitutions for such trade name substances containing the same component hazardous material), or (b) other Hazardous Materials used by the Borrower, its Subsidiaries and other occupants of the Premises Real Property in violation connection with their respective business operations or for general maintenance of any such Real Property and used and disposed of in material compliance with Hazardous Materials Laws; provided, that, the Borrower shall indemnify, defend and hold harmless the Indemnitees from and against (d) Tenant’s discovery of any occurrence or condition on or in which indemnity shall survive the vicinity of any portion repayment of the Premises that materially increase Obligations and the risk that Facility Termination Date) any portion loss, damage, cost, expense or liability arising out of or attributable to the Premises will be exposed to Hazardous Materials; and (e) all communications to use, generation, storage, Release, threatened Release, discharge, transportation, disposal, or from Tenant, any governmental authority or any other Person relating to presence of Hazardous Materials Laws (including asbestos) on, under or Hazardous Materials Claims with respect to about the any portion of the PremisesReal Property, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethe costs of any remediation of any Real Property required under Hazardous Materials Laws, there are not pending claims including the preparation and implementation of any closure, remedial or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; other required plans, and (ii) to Landlord’s knowledgeall reasonable costs and expenses incurred by the Indemnitees in connection with clause (i), no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseincluding all reasonable attorney costs.

Hazardous Materials. Tenant’s use 5.1.1 It is the sole responsibility of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected CM@Risk to have occurred in violation properly remove and dispose of any Hazardous Materials Laws in the Project identified as such in the Contract Documents by Tenant during the Term or if Tenant has received notice of Owner. CM@Risk, upon encountering any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or not identified in the vicinity of any portion of Contract Documents, shall stop Work immediately in the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; affected area and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, notify Owner and, if required by lawapplicable rules, Landlord hereby agrees all governmental or quasi-governmental entities with jurisdiction over the Project. Owner has responsibility to remedy take the necessary measures required to properly remove and dispose of Hazardous Materials not identified in the Contract Documents as being the responsibility of the CM@Risk. 5.1.2 CM@Risk will be entitled, in accordance with the provisions of these General Conditions, to an adjustment in the GMP or Contract Time(s) of performance, or both, to the extent that the CM@Risk’s costs or time of performance have been adversely and materially impacted by the presence of unforeseen or undisclosed Hazardous Materials. 5.1.3 Owner is not responsible for Hazardous Materials introduced to the Site by CM@Risk, Subcontractors (of any tier) or anyone else for whom the CM@Risk is responsible unless provision of such actual Hazardous Materials are called for in the Contract Documents, or suspected problem through has called for the removal of any such Hazardous Materials. 5.1.4 CM@Risk agrees to indemnify, defend and hold harmless Owner and others under Owner’s control, and the officers, directors, employees and agents of each of them, from and against all claims, losses, liabilities, costs and expenses, including but not limited to attorney’s fees and expenses, arising out of or resulting from CM@Risk’s importation, improper handling, storage, abatement, removal or disposal of any Hazardous Materials at Landlord’s sole cost by CM@Risk. 5.1.5 Releases of Hazardous Substances. Upon any release of any hazardous substance in connection with the Work, whether relating to a pre-existing condition or acts or omissions of CM@Risk, CM@Risk shall take immediate action reasonably necessary to contain the release and expenseif the hazardous material release is not a CM@Risk release, Owner will pay CM@Risk the reasonable costs incurred by CM@Risk in taking such containment action. Owner may elect to have CM@Risk control and carry out any containment, clean-up, removal and remediation activity needed, provided that if the release is not a CM@Risk release, Owner will be responsible to pay CM@Risk for such CM@Risk containment activities in accordance with Section 10.4 of these General Conditions, including allowance of additional Contract Time thereunder.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises in violation of any Hazardous Materials Law, the Term shall be automatically extended and this Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to, but not earlier than, the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of Tenant shall not cause or permit the Premises shall comply with all Hazardous Materials Laws------------------- storage, except for any items set forth on Exhibit “D”. If any Environmental Activities occur use, generation, release, handling or are suspected to have occurred in violation disposal (collectively, "Handling") of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Real Property by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, "Tenant Parties"), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent (which consent may be withheld in Landlord's sole discretion), Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Premises in existence Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Handling of Hazardous Materials in, on or about the Premises. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at Landlord’s sole cost and expenseany time hereafter in effect (collectively, "Hazardous Materials Laws").

Hazardous Materials. Tenant’s use ENVIRONMENTAL MATTERS 39. 01. As used herein, "Hazardous Materials Laws" means all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of the Premises shall any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials or waste, infectious waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, Hazardous Materials"). Tenant shall, at its own expense, at all times and in all respects: (i) comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Laws regarding Hazardous Materials Laws introduced in or about the Building by or at the direction of Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion in connection with Tenant's use of the Premises as a result ("Tenant's Hazardous Materials"); and (ii) procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of 's Hazardous Materials within, on, under or otherwise, and upon Landlord’s approval of about the remediation plan, remedy any such problem to the satisfaction of Landlord and Building in conformity with all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practicesprudent industry practices regarding management of such Hazardous Materials. During the Term, Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities not be deemed a violation of this Section, so long as the levels are not in violation of any Hazardous Materials Laws; . Upon termination or expiration of the term of this Lease, Tenant shall, at its own expense, cause all of Tenant's Hazardous Materials to be removed from the Demised Premises and the Building and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall indemnify, protect, defend (bby counsel reasonably acceptable to Landlord), and hold Landlord and Landlord's employees, agents, principals, partners, shareholders, members, attorneys, accountants, professionals and other representatives, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including attorneys' fees) or death of in injury to any person or damage to any property whatsoever, including, without limitation, the Building common area, arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Building of any of Tenant's Hazardous Materials or by Tenant's failure to comply with any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Laws regarding Tenant's Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the vicinity Demised Premises and any other property of any portion whatever nature to their condition existing prior to the appearance of the Premises that materially increase the risk that any portion of the Premises will be exposed to Tenant's Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright from time to time, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s upon reasonable attorneys’ fees and costs) and with counsel chosen by Landlordprior written notice, to join enter in and participate upon the Demised Premises and to inspect same for the presence of Hazardous Materials and for Tenant's compliance with all Hazardous Materials Laws. A. Landlord represents and warrants that any handling, transportation, storage, treatment or usage of Hazardous Materials that has occurred in the Building and/or in, on, or under the Land was in compliance with all applicable federal, state and local laws, regulations and ordinances. Landlord further represents and warrants that no leak, spill, discharge, emission or disposal of Hazardous Materials has occurred in the Building and/or in, on, or under the Land and that the soil, groundwater and soil vapor in the Building and/or on or under the Land is, or will be, free of Hazardous Materials as a party if it so electsof the date hereof. Landlord agrees to indemnify, defend and hold Tenant and its officers, partners, directors, shareholders, Affiliates, employees and agents harmless from any legal proceedings claims, judgments, damages, fines, penalties, costs (including reasonable attorney, consultant and expert fees), liabilities (including sums paid in settlement of claims) or actions initiated loss which arise during or after the Lease term or any thereof, in connection with the presence of Hazardous Materials in the soil, groundwater, or soil vapor in, on or under the Building and/or the Land, unless such Hazardous Materials are present as the result of the acts of Tenant, its officers, employees or agents. Without limiting the generality of the foregoing, this indemnification shall survive the expiration of this Lease and does specifically cover costs incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation of site conditions or any cleanup, there are not pending claims remedial, removal or causes of action arising out restoration work required by any federal, state or relating to the Facility local governmental agency or the Premises as political subdivision because of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expensein the soil, groundwater or soil vapor in, on or under the Building and/or the Land, unless the Hazardous Materials are present as the result of the acts of Tenant, its officers, agents or employees. Without limiting the generality of the foregoing, this indemnification shall also specifically cover costs in connection with: 1. Hazardous Materials present or suspected to be present in the soil, ground water or soil vapor in, on or under the Building and/or the Land before the date hereof; or 2. Hazardous Materials that migrate, flow, percolate, diffuse or in any way move into, onto or under the Building and/or on the Land after date hereof; or 3. Hazardous Materials present in, on or under the Building and/or the Land as a result of any discharge, dumping, spilling (accidental or otherwise) onto or into the Building and/or the Land during or after the Lease term or any extension thereof by any person or entity.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building of Complex ("Insurance Conditions"); (b) dump, flush or are suspected to have occurred in violation otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises, the Building or the Complex, except in compliance with Environmental and Health Laws by Tenant during the Term and Insurance Conditions; (c) release, spill or if Tenant has received notice dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions). Tenant agrees that if it or omissions during anyone claiming under it shall transfer to the TermPremises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord shall have the rightany notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and Health Laws or with counsel chosen by Landlord, respect to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claimsaffecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or other informational requests relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Tenant's use of the Premises in existence prior to the Commencement Date, and, if required by lawin particular, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Tenant's use, generation, storage and/or disposal of Hazardous Materials at Landlord’s sole cost and expenseat, to, or from the Premises.

Hazardous Materials. Neither Tenant nor Tenant’s use 's agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the environment, or disposed of on, in, under, or about the Premises shall comply Property, except reasonable quantities of cleaning supplies and office supplies necessary to or required as part of Tenant's business that are generated, used, kept, stored, or disposed of in a manner that complies with all laws regulating any such Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During Tenant covenants to remove from the TermProperty (or the Building, Tenant shall immediately advise Landlord in writing of: (a) if applicable), upon the expiration or sooner termination of this Lease and at Tenant's sole cost and expense, any Environmental Activities in violation of any and all Hazardous Materials Laws; (b) brought upon, stored, used, generated, or released into the environment during the term of this Lease. To the fullest extent permitted by law, ▇▇▇▇▇▇ hereby agrees to indemnify, defend, protect, and hold harmless Landlord, ▇▇▇▇▇▇▇▇'s managing agent, and their respective agents and employees, and their respective successors and assigns, from any Hazardous Materials Claims against Tenant and all claims, judgments, damages, penalties, fines, costs, liabilities, and losses that arise during or any portion after the term directly or indirectly from the use, storage, disposal, release or presence of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under in, or about any portion the Property that occurs during the term of the Premises in violation this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials Laws; (d) in, on, or about the Property that Tenant or Tenant’s discovery 's agents or employees become aware of any occurrence or condition on or in during the vicinity Term of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from this Lease, whether caused by Tenant, any governmental authority Tenant's agents or employees, or any other Person relating to persons or entities. As used herein, the term “Hazardous Materials Laws Material” means any hazardous or toxic substance, material, or waste that is or becomes regulated by any local governmental authority, the state of Oregon, or the United States government. The term “Hazardous Materials Claims with respect to Material” includes, without limitation, any portion of the Premisesmaterial or substance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or “waste” under any federal, including copies thereof. Landlord shall have the rightstate, or local law, (ii) petroleum, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (iii) asbestos. The provisions of this Section 20, including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained indemnification provisions set forth herein, in no event shall Tenant be responsible for conditions survive any termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use Hazardous materials shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, that concerns the existence, management, control, discharge, treatment, containment and/or removal of substances or materials that are or may become a threat to public health or the environment including, but not limited to, substances defined as “hazardous substances”, “hazardous materials”, “toxic substances” or “hazardous wastes” as covered under the California Health and Safety Code, and in any regulations adopted, published and/or promulgated pursuant to said laws, and in any other environmental law, regulation or ordinance now existing or hereinafter enacted. Lessee hereby agrees that it shall not use, generate, manufacture, refine, produce, process, store or dispose of on, under or about the leased Premises shall comply or transport to or from the Leased Premises any hazardous materials, except in compliance with all applicable Hazardous Materials Material Laws, nor does Lessee intend to use the Leased Premises in the future for the purpose of generating, manufacturing, refining, producing, storing, handling, transferring, processing or transporting of hazardous materials, except for in compliance with any items set forth on Exhibit “D”Hazardous Material Laws. If at any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant time during the Term term of this Lease, hazardous materials are used, or if Tenant has received notice of any Hazardous Materials Claim against any portion of placed by Lessee on the Leased Premises as a result of TenantLessee’s acts activities on the Leased Premises or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy if any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval contamination of the remediation planLeased Premises shall occur solely as a result of Lessee’s activities on the Leased Premises, remedy any Lessee, at Lessee’s sole cost and expense, shall remove, remediate or encapsulate such problem to the satisfaction of Landlord and all applicable governmental authorities, hazardous waste in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion requirements of the Premises; (c) appropriate governmental agency. In the event Lessee discovers any remedial action taken by Tenant hazardous materials in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of any Hazardous Materials Material Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Lessee shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, immediately notify Lessor and, if unless Lessee is required by lawunder the preceding sentence remove, Landlord hereby agrees to remedy any remediate or encapsulate such actual hazardous materials or suspected problem through the removal of Hazardous Materials waste, Lessor shall do so at LandlordLessor’s sole cost and expense. If Lessor or Lessee is required to remove any hazardous materials under this Section, it shall cause such hazardous materials or waste to be removed from the Leased Premises to be removed and transported solely by duly licensed haulers to duly licensed facilities for disposal.

Hazardous Materials. Tenant shall not (either with or without negligence) cause or permit the escape, disposal or release of any biologically or chemically active or other hazardous substances, or materials on or about the Premises or any other portion of the Project, nor shall Tenant allow the storage or use of such substances or materials on or about the Premises or any other portion of the Project, nor allow to be brought into the Premises or any other portion of the Project any such materials or substances. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, the Superfund Amendments and Reauthorization Act of 1986, the Occupational Safety and Health Act, the Clean Water Act, any amendments to such Acts, and any federal, state or municipal laws, ordinances, regulations or common law which may now or hereafter impose liability on Landlord with respect to hazardous substances (“Hazardous Substances”). Hazardous Substances shall not include, and this Lease will not be construed to prohibit, Tenant’s use or storage of incidental quantities or supplies or products which are commonly used in offices or Tenant’s business, such as copier fluid and ordinary cleanings supplies, provided any such product is disposed of properly. Tenant will be solely responsible for and will defend, indemnify and hold Landlord, its agents and employees harmless from and against all claims, costs and liabilities, including attorneys’ fees, court costs, and other expenses of litigation (i) arising out of or in connection with any breach of this Section by ▇▇▇▇▇▇, or (ii) arising out of or in connection with the removal, clean-up and restoration work and materials necessary to return the Premises and the Project and any other property of whatever nature located therein to their condition existing prior to the introduction of Hazardous Substances in or about the Premises or Project by Tenant; provided, however, that foregoing indemnity shall comply with all not include, and Tenant shall have no liability whatsoever for, any Hazardous Materials LawsSubstances that were located on or about the Premises and/or Building on, except for or before, the Commencement Date, nor any items set forth Hazardous Substances placed on Exhibit “D”or about the Premises and/or Building by Landlord, its employees, agents or contractors, or by any other tenant. If any Environmental Activities occur lender or are suspected governmental agency shall ever require testing to have occurred in violation of ascertain whether or not there has been any Hazardous Materials Laws by Tenant during the Term Substances on or if Tenant has received notice of any Hazardous Materials Claim against any portion of about the Premises (or, as a result of Tenant’s acts actions, on or omissions during about other portions of the TermProject), then, if such testing determines that Tenant has breached this Section 28.18, the costs thereof shall promptly obtain all permits be reimbursed by Tenant to Landlord upon demand additional charges. In addition, ▇▇▇▇▇▇ shall execute affidavits, representations and approvals necessary the like from time to remedy any such actual or suspected problem through time at Landlord’s request concerning ▇▇▇▇▇▇’s knowledge and belief regarding the removal presence of Hazardous Materials Substances or otherwise, materials on the Premises. The within covenants and upon Landlord’s approval indemnity shall survive the expiration or earlier termination of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Term .. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Effective Date; and (ii, ▇▇▇▇▇▇▇▇ has received no written notice(s) to Landlord’s knowledge, no Environmental Activities in of any violation of any Hazardous Materials Laws have occurred prior Substances laws related to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseBuilding.

Hazardous Materials. Tenant’s use of Except where the Premises failure to do so would not result in a Property Material Adverse Effect, the Mortgagor shall (A) comply with any and all Hazardous Materials Lawspresent and future Environmental Laws applicable to the Mortgaged Property, except for any items set forth on Exhibit “D”. If any Environmental Activities occur (B) not release, store, treat, handle, generate, discharge or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termat, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of from the Premises Mortgaged Property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of a manner that could result in any portion of the Premises that materially increase the risk that material liability under any portion of the Premises will be exposed to Hazardous Materials; present and future Environmental Law and (eC) take all communications necessary steps to or from Tenantinitiate and expeditiously complete all remedial, corrective and other action to eliminate any governmental authority or such effect. In the event the Mortgagor fails to comply with the covenants in the preceding sentence, the Mortgagee may, in addition to any other Person remedies set forth herein, as agent for the Mortgagor and at the Mortgagor’s sole cost and expense, cause any remediation, removal or response action relating to Hazardous Materials required by applicable Environmental Laws to be taken and the Mortgagor shall provide to the Mortgagee and its agents and employees access to the Mortgaged Property for such purpose. Any reasonable costs or Hazardous Materials Claims with respect to any portion of expenses incurred by the Premises, including copies thereofMortgagee for such purpose shall be immediately due and payable by the Mortgagor and shall bear interest at the Default Rate. Landlord The Mortgagee shall have the rightright at any time when an Event of Default shall have occurred and be continuing and at such other times when a potential violation of any present or future Environmental Law exists which in the Mortgagee’s reasonable judgment could result in any material liability or obligation under such Environmental Law, and except for any items noted on Exhibit “D” at Tenant’s the sole cost and expense of the Mortgagor, to conduct an environmental audit of the Mortgaged Property by such persons or firms appointed by the Mortgagee, and the Mortgagor shall cooperate in all respects in the conduct of such environmental audit, including, without limitation, by providing access to the Mortgaged Property and to all records relating thereto. To the extent that any such environmental audit identifies conditions which in the Mortgagee’s reasonable judgment would result in any material liability or obligation under any present or future Environmental Law, the Mortgagor agrees to expeditiously correct any such violation or respond to conditions giving rise to such liability or obligations in a manner which complies in all material respects with the Environmental Laws and mitigates associated health and environmental risks. The Mortgagor shall indemnify and hold the Mortgagee and each of the other Secured Parties harmless from and against all loss, cost, damage or reasonable expense (including, without limitation, Landlord’s reasonable attorneys’ and consultants’ fees and costsdisbursements) and with counsel chosen that the Mortgagee or any other Secured Party may sustain by Landlordreason of the assertion against the Mortgagee or any Secured Party by any party of any claim relating to such Hazardous Materials on, to join and participate in, as a party if it so elects, any legal proceedings under or from the Mortgaged Property or actions initiated in connection taken with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgerespect thereto as authorized hereunder, there are not pending claims or causes of action arising out or relating except to the Facility extent arising from the gross negligence or the Premises as willful misconduct of the Commencement DateMortgagee or any other Secured Party. The foregoing indemnification shall survive repayment of all Secured Obligations and any release or assignment hereof; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use Section 20.1 of the Premises Lease is hereby deleted and replaced with the following new language: 20.1. Tenant shall comply with all not cause or permit any Hazardous Materials Lawsto be brought upon, except for any items set forth on Exhibit “D”. If any Environmental Activities occur kept or are suspected to have occurred used in or about the Premises, the Building or the Property in violation of any Hazardous Materials Applicable Laws by Tenant during or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the Term or if Tenant has received notice presence of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts such a breach results in contamination of the Property, any portion thereof, or omissions any adjacent property, (c) contamination of the Premises otherwise occurs during the Term, any extension or renewal hereof or holding over hereunder or during the term of that certain Sublease dated August 17, 2015 between Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual Eisai, Inc. (the “Sublease”), or suspected problem through (d) contamination of the removal Property occurs as a result of Hazardous Materials that are placed on or otherwiseunder or are released into the Property by a Tenant Party, and upon then Tenant shall indemnify, save, defend (at Landlord’s approval option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims of any kind or nature, including (w) diminution in value of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises; Property, (cy) damages arising from any remedial action taken adverse impact on marketing of space in the Property or any portion thereof and (z) sums paid in settlement of Claims that arise before, during or after the Term or during the term of the Sublease as a result of such breach or contamination. This indemnification by Tenant includes costs, sums paid in response to settlement of claims, attorneys’ fees, consultant fees and expert fees incurred in connection with any judgments, damages, penalties, fines, liabilities or losses, any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials Claims present in the air, soil or any Hazardous Materials groundwater above, on, under or about any portion of the Premises in violation Property. Without limiting the foregoing, if the presence of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence in, on, under or condition on or in about the vicinity of Property, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises that materially increase the risk that Property, any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority thereof or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesadjacent property, including copies thereof. Landlord then Tenant shall have the right, and except for any items noted on Exhibit “D” promptly take all actions at Tenant’s its sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, as are necessary to join and participate in, as a party if it so electsreturn the Property, any legal proceedings portion thereof or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants adjacent property to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred its respective condition existing prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions time of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at contamination; provided that Landlord’s sole cost written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and expenseprovided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation.”

Hazardous Materials. Tenant(a) Tenant (i) will not conduct any activity on the Landlord’s Property that will use of the Premises shall comply with all or produce any Hazardous Materials LawsMaterials, except for such activities that are part of the ordinary course of Tenant’s business activities and conducted in accordance with all Environmental Laws; (ii) will not use the Landlord’s Property in any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation manner for the storage of any Hazardous Materials Laws by Tenant during except for storage of such materials that are used in the Term or if Tenant has received notice ordinary course of Tenant’s business and properly stored in a manner and location satisfying all Environmental Laws; (iii) will not install any underground tanks of any type; and (iv) will not permit any Hazardous Materials Claim against to be brought onto the Landlord’s Property, except in the ordinary course of Tenant’s business and in compliance with all Environmental Laws. If any portion Hazardous Materials are brought or found on the Landlord’s Property in violation of Environmental Laws and/or in violation of the Premises above provisions of this Section, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Lease Term, the Landlord’s Property is found to be so contaminated or subject to such conditions then the Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Landlord’s Property by Tenant or Tenant Invitees under Tenant’s acts or omissions during the Termdirection, Tenant shall promptly obtain all permits and approvals necessary to remedy any whether such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have use occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything sale by the Tenant to the contrary contained hereinLandlord of the Landlord’s Property or during the Term of this Lease. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an “MSDS”) was issued by the producers or manufacturers thereof, together with copies of the MSDS’s for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord’s request therefor. Except for Hazardous Materials that existed in no event or on the Premises prior to Tenant’s occupancy thereof, Tenant shall Tenant be responsible for conditions of remove all Hazardous Materials from the Premises in existence prior a manner acceptable to Landlord before the Commencement Dateearlier of the date Tenant vacates the Premises and the date Tenant’s right to possess the Premises ends. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, andprovided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Landlord’s expense, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through unless they reveal the removal presence of Hazardous Materials at in violation of the above provisions of this Section or that Tenant has not complied with the requirements of this Section, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord’s sole cost and expenserequest therefor.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (defined below) to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises without the specific prior written consent of Landlord and subject to the provisions of this Section. Landlord shall take into account such factors as Landlord considers relevant in determining whether to grant or withhold consent to Tenant’s proposed Hazardous Material. No installation or use of storage tanks is permitted on the Premises. Tenant shall immediately notify Landlord of any hazardous contamination of the Premises. Landlord may elect to test the Premises shall comply with all for the presence of Hazardous Materials Laws, except for at any items set forth on Exhibit “D”time during the Term and after Tenant vacates the Premises. If any Environmental Activities occur or are suspected to have occurred in violation such testing indicates the presence of any Hazardous Materials, and if Tenant brought Hazardous Materials Laws by Tenant during of that type into the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the TermPremises, Tenant shall immediately advise reimburse Landlord for all costs incurred in writing of: the testing and the clean-up. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste, including any substances included in the definition of “hazardous substances.” “hazardous wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local regulations, including petroleum-based products, asbestos. PCBs and similar compounds. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, penalties (acivil and criminal) imposed by any Environmental Activities governmental authority’ with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials, in violation of or about the Project and any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of brought into the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in during the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Term. Tenant shall indemnify, defend and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. save Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees mortgagees harmless from any and costs) all costs and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated penalties arising in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to LandlordTenant’s knowledgeuse, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgedisposal, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereintransportation, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal generation and/or sale of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items Except as set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermEXHIBIT 4.16 hereto, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there the operations of each Loan Party are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Datein material compliance with all Environmental Laws; and (ii) to Landlord’s the best of each Loan Party's knowledge, there has been no Release at any of the properties owned or operated by any Loan Party or a predecessor in interest, or at any disposal or treatment facility which received Hazardous Materials generated by any Loan Party or any predecessor in interest which is reasonably likely to have a Material Adverse Effect; (iii) no Environmental Action has been asserted against any Loan Party or any predecessor in interest nor does any Loan Party have knowledge or notice of any threatened or pending Environmental Action against any Loan Party or any predecessor in interest which is reasonably likely to have a Material Adverse Effect; (iv) no Loan Party has knowledge of any Environmental Actions that have been asserted against any facilities that may have received Hazardous Materials generated by any Loan Party or any predecessor in interest which are reasonably likely to have a Material Adverse Effect; (v) to the best of such Loan Party's knowledge, no Environmental Activities in violation of property now or formerly owned or operated by a Loan Party has been used as a treatment or disposal site for any Hazardous Materials Laws have occurred prior Material; (vi) no Loan Party has failed to report to the Commencement Date proper Governmental Authority any Release which is required to be so reported by any Environmental Laws which is reasonably likely to have a Material Adverse Effect; (vii) each Loan Party holds all licenses, permits and approvals required under any Environmental Laws in connection with the operation of the business carried on by it, except for such licenses, permits and approvals as to which a Loan Party's failure to maintain or comply with is not been remedied reasonably likely to have a Material Adverse Effect; and (viii) no Loan Party has received any notification pursuant to any Environmental Laws that (A) any work, repairs, construction or Capital Expenditures are required to be made in full. Notwithstanding anything respect as a condition of continued compliance with any Environmental Laws, or any license, permit or approval issued pursuant thereto or (B) any license, permit or approval referred to the contrary contained hereinabove is about to be reviewed, made, subject to limitations or conditions, revoked, withdrawn or terminated, in no event shall Tenant be responsible for conditions of the Premises in existence prior each case, except as is not reasonably likely to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensehave a Material Adverse Effect.

Hazardous Materials. Tenant’s use of Within thirty (30) Business Days after request by the Premises Administrative Agent, each Loan Party shall comply with provide to the Administrative Agent written information regarding all Hazardous Materials Lawsthat are used, except for any items set forth on Exhibit “D”generated, transported, stored or disposed of by the Loan Party, in reportable quantities. If any Loan Party should commence the use, treatment, transportation, generation, storage, or disposal of any Hazardous Substance in reportable quantities in its operations in addition to those noted in such information, such Loan Party shall immediately notify the Administrative Agent of the commencement of such activity with respect to each such Hazardous Substance within thirty (30) Business Days of commencing such activity. Each Loan Party shall cause any Hazardous Materials which are now or may hereafter be used or generated in the operations of the Loan Party in reportable quantities to be accounted for and disposed of in compliance with all Environmental Activities occur Laws and other applicable federal, state and local laws and regulations. No Loan Party shall allow or are suspected permit to have occurred in violation continue the release or threatened release of any Hazardous Materials Laws on any premises owned or occupied by Tenant during or under lease to the Term Loan Party. Each Loan Party shall notify the Administrative Agent within five (5) Business Days after obtaining knowledge of any of the events described below and shall, simultaneously with providing such notice, provide the Administrative Agent with copies of any correspondence regarding such event: (i) any premises which have at any time been owned or if Tenant has received notice occupied by or have been under lease to the Loan Party are the subject of an environmental investigation by any federal, state or local governmental agency having jurisdiction over the regulation of any Hazardous Materials, the purpose of which investigation is to quantify the levels of Hazardous Materials Claim against located on such premises; (ii) the Loan Party has been named or is threatened to be named as a party responsible for the possible contamination of any portion real property or ground water with Hazardous Materials, including, but not limited to the contamination of past and present waste disposal sites; or (iii) any notice or claim to the Premises effect that any Borrower or any of its Subsidiaries is or may be liable to any Person as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy release by any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantBorrower, any governmental authority of its Subsidiaries, or any other Person relating to Hazardous Materials Laws of any toxic or Hazardous Materials Claims with respect to any portion of hazardous waste or substance into the Premises, including copies thereof. Landlord shall have the rightenvironment, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingnotice alleging any violation of any federal, without limitationstate or local environmental, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen health or safety law or regulation by Landlordany Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to join and participate in, as have a party if it so elects, Material Adverse Effect. If any legal proceedings or actions initiated Loan Party is notified of any event described in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) above, such Loan Party shall within thirty (30) Business Days of such notice engage a firm or firms of engineers or environmental consultants appropriately qualified to Landlord’s knowledgedetermine as quickly as practical the extent of contamination and the potential financial liability of the Loan Party with respect thereto, no Environmental Activities in violation and the Administrative Agent shall be provided with a copy of any Hazardous Materials Laws have occurred prior report prepared by such firm or by any governmental agency as to such matters as soon as any such report becomes available to the Commencement Date which have not been remedied Loan Party, and the Loan Party shall immediately establish reserves in fullthe amount of the potential financial liability of the Loan Party identified by such environmental consultants or engineers. Notwithstanding anything The selection of any engineers or environmental consultants engaged pursuant to the contrary contained herein, in no event requirements of this Section 5.15 shall Tenant be responsible for conditions subject to the approval of the Premises Administrative Agent, which approval shall not be unreasonably withheld. Each Loan Party shall provide an adequate reserve for the payment of all potential financial liability not covered by insurance upon the occurrence of any event described in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Section 5.15.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises in violation of any Hazardous Materials Law, the Term shall be automatically extended and this Master Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant shall not cause or permit (i) any Hazardous Materials to be brought into the Real Property, (ii) the storage or use of Hazardous Materials in or about the Premises and/or the Real Property, or (iii) the escape, disposal or release of any Hazardous Materials within or in the vicinity of the Real Property. Nothing herein shall be deemed to prevent Tenant’s use of any Hazardous Materials customarily used in the ordinary course of office work, provided such use is in accordance with all Requirements. Tenant shall be responsible, at its expense, for all matters directly or indirectly based on, or arising or resulting from the presence of Hazardous Materials in, on or under the Real Property which is caused or permitted by a Tenant Party. Tenant shall provide to Landlord copies of all communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and/or any claims made in connection therewith. Landlord or its agents may perform environmental inspections of the Premises at any time and from time-to-time, at the cost and expense of Landlord; provided, however, that if any such inspection shall reveal that any Hazardous Materials have been released on or upon the Real Property or any portion thereof by a Tenant Party, then Tenant shall reimburse Landlord for the reasonable out-of-pocket, cost of any such inspections within thirty (30) days after delivery to Tenant of Landlord’s invoice therefor, accompanied by copies of third-party invoices evidencing the amount of such expense. If at any time during the Term hereof any Hazardous Materials is discovered in the Premises (or in the Building, which affects Tenant’s use of the Premises shall comply with all Premises), which Hazardous Materials Lawswere not brought upon the Premises and/or the Building by Tenant, any of its subtenant(s) or any of its or their agents, contractors, or employees, then Landlord shall remove and remediate such Hazardous Materials and Tenant shall be entitled to a Rent abatement hereunder for any period that (a) Tenant is prevented from prosecuting the construction of the Initial Improvements or (b) Tenant is unable to occupy the Premises (or portion thereof), in either such case, on account of such Hazardous Materials and such removal or remediation. Landlord represents to Tenant that, except for any items set forth on Exhibit as disclosed in that certain report entitled “D”. If any Principal Real Estate Investors Phase I Environmental Activities occur or are suspected Site Assessment, ▇▇▇▇▇▇▇ Park I and ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇, Cambridge, Massachusetts, dated December 2004, and prepared by Gannett ▇▇▇▇▇▇▇” a copy of which has been delivered to have occurred in violation Tenant, Landlord has no actual knowledge of the release of any Hazardous Materials Laws by Tenant during on the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities Real Property in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant applicable Requirements. As used above in this Section 8.1(b), the term “actual knowledge” or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onsimilar term, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantshall mean, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion Landlord, the actual knowledge of ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or Ms. ▇▇▇▇▇▇ ▇▇▇▇▇▇, each employed, as of the PremisesEffective Date, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitationby ▇▇▇▇▇ Lang LaSalle, Landlord’s reasonable attorneys’ fees and costs) managing agent for and with counsel chosen by Landlordrespect to the Real Property, to join and participate in, as a party if it so elects, the knowledge of any legal proceedings other person or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) persons or entities shall not be attributed to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (defined below) to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises without the specific prior written consent of Landlord and subject to the provisions of this Section. Landlord shall take into account such factors as Landlord considers relevant in determining whether to grant or withhold consent to Tenant’s proposed Hazardous Material. No installation or use of storage tanks is permitted on the Premises. Tenant shall immediately notify Landlord of any hazardous contamination of the Premises. Landlord may elect to test the Premises for the presence of Hazardous Materials at any time during the Term and after Tenant vacates the Premises. If any such testing indicates the presence of Hazardous Materials, and if Tenant brought Hazardous Materials of that type into the Premises, Tenant shall immediately reimburse Landlord for all costs incurred in the testing and the clean-up. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste, including any substances included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local regulations, including petroleum-based products, asbestos, PCBs and similar compounds. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials, in or about the Project and any Hazardous Materials brought into the Premises during the Term. Tenant shall indemnify, defend and save Landlord and Landlord’s mortgagees harmless from any and all costs and penalties arising in connection with Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials. Landlord acknowledges Tenant will utilize hazardous materials in the premises (as identified on Exhibit F) and Tenant shall comply with all Hazardous Materials Lawsapplicable federal, except for any items set forth state or local regulations and shall provide Landlord with evidence of such and a copy of their hazardous waste disposal contract. Landlord acknowledges that the materials identified on Exhibit “D”Fare subject to change. If any Environmental Activities occur or Tenant agrees to notify Landlord and provide an updated list in the event there are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem significant changes to the satisfaction of Landlord materials used and all applicable governmental authorities, stored in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises by Tenant, its agents, employees, contractors, sublessees or invitees without the prior written consent of Landlord; provided, however, Tenant shall be allowed to store and use nominal amounts of commercially available cleaning and standard office products without the consent of Landlord. For other than such products, Tenant shall provide Landlord with ten (10) days advance written notice, setting forth an itemization of all such Hazardous Materials, with a detailed description thereof, and the intended volume, location and use of such Materials at the Premises, prior to the use or allowance of any other products, materials or substances which are Hazardous Materials as defined above or which have or may have adverse effects on the environment or the health and safety of persons. Landlord shall be entitled to take into account such other factors or facts as Landlord reasonably deems to be relevant in determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks in or on the Premises. Tenant shall have no obligation to investigate or remediate any Hazardous Materials located in or as part of the base building as of the Commencement Date or in any areas of the Project located outside the Premises that were not placed thereon or therein, or damaged, exacerbated (but only to the extent exacerbated) or disturbed by Tenant or any of Tenant’s agents, contractors, employees, licensees or invitees. Landlord covenants that during the Lease Term, Landlord shall not cause any Hazardous Materials to be introduced in, on or under the Project by Landlord, its agents, employees or contractors in violation of applicable laws in effect at the time of such introduction and Landlord shall comply with all applicable laws with respect to Hazardous Materials Lawsin accordance with, except for any items set forth on Exhibit “D”and as required by, the terms of this Lease. If any Environmental Activities occur or are suspected to have occurred in violation In addition, Operating Expenses shall not include the cost of remediation of any Hazardous Materials Laws by Tenant during to the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extent (A) existing on those portions of the Premises Project owned by Landlord as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction date of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities execution of this Lease in violation of applicable laws at such time (including asbestos), (B) resulting from asbestos, and/or (C) not caused by Tenant or its agents, contractors, employees, licensees or invitees. For purposes hereof, “costs of remediation” shall mean the costs associated with the investigation, testing, monitoring, containment, removal, remediation, cleanup and/or abatement of any release of any such Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or described in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed immediately preceding sentence as necessary to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection comply with any Hazardous Materials Claimsapplicable laws. Landlord represents and warrants to Tenant that: (i) Tenant, to the best of Landlord’s knowledge, there that the Premises and Project are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior applicable laws relating to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. (a) Tenant Obligations: ------------------ (i) Tenant shall not dispose of or otherwise allow the release of any hazardous waste or materials in, on or under the Premises or the Building, or any adjacent property, or in any improvements placed on the Premises. Tenant represents and warrants to Landlord that Tenant’s 's intended use of the Premises does not involve the use, production, disposal or bringing on to the Premises of any hazardous waste or materials, except only ordinary and general office supplies typically used in first-class downtown office buildings (including, but not limited to, the presence and use of a diesel generator) and only in such quantities or concentrations as allowed under applicable laws, rules and regulations. As used in this Section, the term "hazardous waste or materials" includes any substance, waste or material defined or designated as hazardous, toxic or dangerous (or any similar term) pursuant to any statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all Hazardous Materials Lawssuch statutes, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or regulations, rules and ordinances, and if Tenant has received fails to so comply Landlord may, after reasonable prior notice to Tenant (except in case of any Hazardous Materials Claim against any portion of the Premises as a result emergency) effect such compliance on behalf of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise reimburse Landlord for all costs incurred in writing of: effecting such compliance. (aii) Tenant agrees to indemnify, defend and hold harmless Landlord against any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any and all actual losses, liabilities, suits, obligations, fines, damages, judgments, penalties, claims, charges, cleanup costs, remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onactions, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; costs and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expenses (including, without limitation, Landlord’s reasonable consultant fees, attorneys’ ' fees and costsdisbursements) and with counsel chosen which may be imposed on, incurred or paid by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated asserted in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeany misrepresentation, there are not pending claims breach of warranty or causes of action arising out other default by Tenant under this Section 35, or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgethe acts of Tenant, no Environmental Activities or any subtenant or other person for whom Tenant would otherwise be liable, resulting in violation the release of any Hazardous Materials Laws have occurred prior to hazardous waste or materials on or in the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensePremises.

Hazardous Materials. Tenant’s use of (a) Tenant (i) will not conduct any activity on the Premises shall comply with all that will use or produce any Hazardous Materials LawsMaterials, except for such activities that are both (1) part of the ordinary course of Tenants business activities and (2) conducted in accordance with all Environmental Laws; (ii) will not use the Premises in any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation manner for the storage of any Hazardous Materials Laws by Tenant during except for storage of such materials that are both (1) used in the Term or if Tenant has received notice ordinary course of Tenant’s business and (2) properly stored in a manner and location satisfying all Environmental Laws; (iii) will not install any underground tanks of any type; and (iv) will not permit any Hazardous Materials Claim against to be brought onto the Premises, except in the ordinary course of Tenant’s business and in compliance with all Environmental Laws. If any portion Hazardous Materials are brought or found on the Premises in violation of the above provisions of this Section, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Lease Term the Premises are found to be so contaminated or subject to such conditions as a result of Tenant’s acts or omissions during failure to comply with the Termforegoing provisions, Tenant shall promptly obtain defend and hold Landlord harmless from all permits claims, demands, actions, liabilities, costs, expenses, damages and approvals necessary to remedy obligations of any nature arising from or as a result of the use of the Premises by Tenant or its Invitees. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an “MSDS”) was issued by the producers or manufacturers thereof, together with copies of the MSDS’s for such actual or suspected problem through the removal of Hazardous Materials or otherwisematerials, and shall deliver such list and MSDS copies to Landlord upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all request therefor. Except for Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord that existed in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; , Tenant shall remove all Hazardous Materials from the Premises in a manner acceptable to Landlord before the earlier of the date Tenant vacates the Premises and the date Tenant’s right to possess the Premises ends. Landlord may, upon reasonable notice to Tenant (ii) and in no case with less than 24 hours’ advance notice except for emergencies), enter the Premises and conduct environmental inspections and tests therein as it may reasonably require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Landlord’s knowledgeexpense, no Environmental Activities unless they reveal the presence of Hazardous Materials in violation of the above provisions of this Section or that Tenant has not complied with the requirements of this Section, in which case Tenant shall reimburse Landlord for the cost thereof within ten (10) days after Landlord’s request therefor. (b) Landlord represents to Tenant that Landlord has not received any Hazardous Materials Laws have occurred prior written notice, demand, claim, citation, complaint, request for information or similar communication with respect to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethe Project in violation of Environmental Laws.

Hazardous Materials. The site which includes the Leased Premises has previously been designated as containing Hazardous Materials and is part of a Voluntary Response Action Plan (“VRAP”), administered by the Maine Department of Environmental Protection (“MDEP”), Landlord shall be responsible for securing MDEP approval for the redevelopment of the Site (including Landlord’s Work) as part of the approval process and, upon Tenant’s request, Landlord shall provide Tenant with a status update on said MDEP approval. Except in amounts incidental to its permitted use of the Premises shall comply with all Hazardous Materials Lawsunder this Lease as specified in Section 6.0, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws as determined by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termfederal and state agencies regulating pharmacies, Tenant shall promptly obtain not cause or permit any Hazardous Material to be stored, generated, brought upon, kept, or used in or about the Leased Premises by Tenant, its agents, employees, contractors or invitees, without first obtaining Landlord’s written consent. Any Hazardous Material permitted on the Leased Premises, and all permits containers therefore, shall be used, kept, stored and approvals necessary disposed of in a manner that complies with all federal, state and local laws or regulations applicable to remedy any such actual Hazardous Material. Tenant will in no event permit or suspected problem through the removal cause any disposal of Hazardous Materials in or otherwiseabout the Leased Premises, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, except in accordance with all Hazardous Materials Laws and good business practiceslaw. During the Term, Tenant shall immediately advise give immediate notice to Landlord in writing of: (a) of any Environmental Activities in violation or potential violation of the provisions of this Section 15 and will at all reasonable times, upon prior notice as provided elsewhere in this Lease and subject to the controls and limits set forth in such provisions, permit Landlord or its agents to enter the Leased Premises to inspect the same for compliance with this Section 15. Tenant shall defend, indemnify and hold harmless Landlord from and against any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant loss, claims, penalties, fines, liabilities, settlements, damages, costs or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expenses (including, without limitation, Landlordreasonable attorney and consultant fees, court costs and litigation expenses) arising during or after the Lease term as a result of any violation by Tenant of the terms of this Section 15), or any contamination of the Leased Premises or any other land of Landlord by Hazardous Materials as a result of action by Tenant or Tenant’s agents, employees, contractors, or invitees. The provisions of this Section 15 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this Lease. Nothing in this paragraph is intended to nor shall be deemed to create any liability or obligation on the part of Tenant related to or for any violation of law or the VRAP by Landlord or its agents, employees, contractors, tenants or invitees. Landlord hereby represents that it has no knowledge of (a) any investigative order, settlement agreement, enforcement order or litigation with respect to Hazardous Material is in existence by any governmental agency with respect to the Building and/or the Leased Premises other than the VRAP; or (b) any notice, demand, claim, citation, complaint, request for information or similar communication with respect to Hazardous Material currently in, on, under or at the Site, Building and/or the Leased Premises which has not been fully cured or addressed, except as disclosed above. Landlord agrees that in the event unlawful amounts of Hazardous Material shall be detected on the Site not released by Tenant or Tenant’s employees, agents or contractors, and as a result thereof Tenant shall be required to discontinue its use of the Leased Premises in whole or in part, to the extent of such discontinuance, Landlord shall ▇▇▇▇▇ a just and equitable proportion of rent. Landlord hereby indemnifies and holds harmless Tenant from any and all claims, losses, liabilities, costs, expenses or damages, including reasonable attorneys’ fees and costscosts of remediation, if any, incurred by Tenant: (i) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to breach of Landlord’s knowledgerepresentations under this Section 15 or its or its agents’, there are not pending claims employees’, contractors’, or causes of action arising out or relating to the Facility or the Premises as invitees’ violation of the Commencement DateVRAP and any related laws, regulations or covenants; and and/or (ii) in connection with any property damage or personal injury related to or resulting from Landlord’s knowledgeor its agents’, no Environmental Activities in violation employees’, contractors’, or invitees’ unlawful storage or use of Hazardous Material on any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions portion of the property containing the Building and the Leased Premises in existence prior to or adjacent thereto. The covenants and obligations of Landlord hereunder shall survive the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual expiration or suspected problem through the removal earlier termination of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use A. For purposes of this Lease, "hazardous materials" means any explosives, radioactive materials, hazardous wastes, or hazardous substances, including without limitation, substances defined as "hazardous substances" in the Premises shall comply with all Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. #9601-9657; the Hazardous Materials LawsTransportation Act of 1975, except for 49 U.S.C. #1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. #6901-6987; or any items set forth on Exhibit “D”other similar laws (collectively, "hazardous materials laws"). B. Tenant will not cause or permit the storage, use, generation, or disposition of any hazardous materials in, on, or about the demised premises or the Building by Tenant, its agents, employees or contractors. If Tenant will not permit the Demised Premises to be used or operated in a manner that may cause the Demised Premises or the Building to be contaminated by any Environmental Activities occur or are suspected to have occurred hazardous materials in violation of any Hazardous Materials Laws hazardous materials laws. Tenant will immediately advise Owner in writing of (1) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed or threatened pursuant to any hazardous materials laws relating to any hazardous materials affecting the Demised Premises; and (2) all claims made or threatened by Tenant during any third party against Tenant, Owner, or the Term Demised Premises relating to damage, contribution, cost recovery, compensation, loss, or if Tenant has received notice of injury resulting from any Hazardous Materials Claim against any portion of hazardous materials on or about the Premises as a result of Tenant’s acts or omissions during the TermDemised Premises. Without Owner's prior written consent, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) will not take any remedial action taken by Tenant or enter into any agreements or settlements in response to the presence of any Hazardous Materials Claims or any Hazardous Materials onhazardous materials in, under on or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises Demised Premises. C. Tenant will be exposed to Hazardous Materials; solely responsible for and (e) will defend, indemnify and hold Owner, its agents and employees, harmless from and against all communications to or from Tenantclaims, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisescosts and liabilities, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings arising out of or actions initiated in connection with Tenant's breach of its obligations in this Article, including, but not limited to, the removal, cleanup and restoration work and materials necessary to return the Demised Premises and any Hazardous Materials Claims. Landlord represents and warrants other property of whatever nature located on the Building to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred their condition existing prior to the Commencement Date which have not been remedied in fullappearance of Tenant's hazardous materials on the Demised Premises. Notwithstanding anything to Tenant's obligations under this Article will survive the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or other termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use Tenant shall not cause or permit any Hazardous Materials (as defined below) to be Handled in or about the Premises, the Building or the Property in violation of Applicable Laws by Tenant or its employees, agents, contractors or invitees. If Tenant breaches such obligation, or if the presence of Hazardous Materials as a result of such a breach results in contamination of the Property, any portion thereof, or any adjacent property, or if contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from migration of Hazardous Materials from outside the Premises not caused by Tenant or its employees, agents, contractors or invitees or if such contamination in the Premises exists as of the Delivery Date), then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Property. Landlord hereby represents and warrants that (i) to Landlord's knowledge, there are no asbestos-containing materials or other Hazardous Materials presently located in, on, or about the Premises or the Property except as disclosed by the environmental reports and materials that have been delivered to Tenant; (ii) to Landlord's knowledge, the environmental reports and materials that have been delivered to Tenant are true, complete and correct copies of all of the environmental reports in Landlord's possession or control; (iii) Landlord has not received notice any notices with respect to the Premises or the Property alleging any violation of any Environmental Law or requiring any testing or remedial action concerning Hazardous Materials; and (iv) no testing or remedial action concerning Hazardous Materials Claim against is currently underway or planned with respect to the Premises or the Property. Landlord covenants to Tenant that all work performed by Landlord in, on, or under the Premises or the Property shall be performed in a manner that does not incorporate therein any Hazardous Materials, except for normal quantities of Hazardous Materials customarily incorporated in such work at Comparable Buildings in full compliance with Environmental Laws, and in a manner which does not result in injury or health risks to persons. Tenant agrees that, except as permitted by this Section 30, no Hazardous Materials shall be Handled upon, about, above or beneath the Premises or any portion of the Premises as a result of by Tenant’s acts , its subtenants or omissions during the Termits assignees, Tenant shall promptly obtain all permits and approvals necessary to remedy or their respective contractors, clients, officers, directors, employees, or invitees (any such actual or suspected problem through the removal of Hazardous Materials so handled being referred to as "Tenant's Hazardous Materials"). Tenant agrees that Tenant shall, at its sole cost and expense, promptly remove or otherwiseremediate, and upon Landlord’s approval of or cause to be removed or remediated, any Tenant's Hazardous Materials on the remediation plan, remedy any such problem Premises (except to the satisfaction of extent permitted below) promptly after discovery thereof. Landlord and all applicable governmental authoritiesagrees that, in accordance with all except as permitted by this Section 30(A), no Hazardous Materials Laws and good business practices. During shall be Handled upon, about, above or beneath the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Premises or any portion of the Premises; Premises by or on behalf of Landlord or its contractors, officers, directors, employees or invitees (cbut specifically excluding tenants or occupants of the Building) (any remedial action taken by Tenant in response to any such Hazardous Materials Claims or any so Handled shall be known as "Landlord's Hazardous Materials"). Notwithstanding the foregoing, normal quantities of Tenant's Hazardous Materials on, under or about any portion of the Premises in violation of any Landlord's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or customarily used in the vicinity conduct of any portion general administrative and executive office activities (e.g., copier fluids and cleaning supplies), or the construction or maintenance of leasehold improvements or the Premises that materially increase Building, may be Handled, as the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantcase may be, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims in compliance with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightEnvironmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, in a manner that does not result in injury or health risks to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.persons

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant’s Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant’s Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseBuilding.

Hazardous Materials. Tenant’s use of the Premises 29.1 Tenant shall comply with any and all Hazardous Materials Lawslaws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur regulations, or are suspected orders with respect to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits discharge and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise(as hereinafter defined), and upon Landlord’s approval shall pay immediately when due the costs of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation removal of any Hazardous Materials Laws; (b) Material, and shall keep the Premises free of any Hazardous Materials Claims against lien imposed pursuant to such laws, regulations, or orders. In the event Tenant or any portion fails to do so, after notice to Tenant and the expiration of the Premises; earlier of (ci) any remedial action taken by Tenant in response applicable cure periods hereunder, or (ii) the cure period permitted under applicable law, regulation, or order, Landlord may either declare such failure a default or cause the Premises to any be freed from the Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Material with cost of the Premises removal, together with interest thereon at the rate specified in violation Section 4.1, payable to Landlord upon demand. Tenant further agrees not to release or dispose of any Hazardous Materials Laws; (d) Tenant’s discovery Material at the Premises unless such release or discharge is in compliance with all applicable laws and regulations. In addition, Tenant agrees not to allow the manufacture, storage, transmission or presence of any occurrence Hazardous Material over or condition on or in the vicinity of any portion of upon the Premises that materially increase which is not in compliance with all applicable laws. Subject to the risk that any portion provisions of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSection 15.1 hereof, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright to conduct an environmental audit of the Premises and Tenant shall cooperate in the conduct of such environmental audit. Tenant shall give Landlord and its agents and its employees access to the Premises to remove Hazardous Materials which are not in compliance with all applicable laws and Tenant agrees to defend, indemnify and except for any items noted on Exhibit “D” at Tenant’s sole cost hold Landlord, free and harmless from and against all loss, costs, damage and expense (including, without limitation, Landlord’s including reasonable attorneys’ fees and costs) and with counsel chosen Landlord may sustain by reason of the assertion against Landlord, to join and participate in, as a by any party if it so elects, of any legal proceedings or actions initiated claim in connection with any Hazardous Materials ClaimsMaterial placed on the Premises by Tenant. Landlord represents agrees to defend, indemnify and warrants to hold Tenant, free and harmless from and against all loss, costs, damage and expense (including reasonable attorneys’ fees and costs) Tenant that: may sustain by reason of the assertion against Tenant, by any party of any claim in connection with any Hazardous Material arising from (i) to Landlord’s knowledgeany act or omission of Landlord occurring prior to, there are not pending claims during or causes of action arising out or relating to after the Facility or the Premises as of the Commencement Date; and Term, (ii) to Landlord’s knowledge, no Environmental Activities in violation any presence of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of on the Premises in existence prior to the Commencement Date, andand (iii) any presence of Hazardous Material on the Premises not due to the acts or omissions of Tenant, if required by its employees, agents or invitees. The foregoing indemnities shall survive the expiration or earlier termination of the Term. 29.2 For the purposes of this Lease, "Hazardous Material" means and includes any hazardous toxic or dangerous waste, substance or material defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation Recovery Act, any so-called "Superfund' or "Superlien" law, Landlord hereby agrees to remedy or any such actual other federal, state or suspected problem through the removal local statute, law, ordinance, code, rule, regulation, order, decree or other requirement of Hazardous Materials any governmental authority regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at Landlord’s sole cost and expenseany time hereafter in effect.

Hazardous Materials. Tenant’s use of the Premises shall comply with all The Property does not contain any Hazardous Materials LawsMaterials, including, but not limited to, any chemicals or materials regulated as hazardous or toxic under any federal, state or local law, except for any items what is commonly incorporated into or used and stored at the Property for normal uses in a typical veterinary practice (the “Excluded Materials”), and except as set forth on Exhibit “D”in the Property Documents. If Seller agrees to provide Buyer promptly in writing any Environmental Activities occur information, which Seller has or are suspected to have occurred in violation may acquire regarding the presence and location of any Hazardous Materials Laws by Tenant during (as defined below), not including the Term Excluded Materials on or if Tenant has received notice of any Hazardous Materials Claim against any portion of about the Premises as a result of Tenant’s acts or omissions during the TermProperty. Seller possesses all required permits, Tenant shall promptly obtain all permits licenses and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisecertificates, and upon Landlord’s approval has filed all notices or applications, required thereby. Seller is and has been in compliance with all Environmental Laws in respect of the remediation plan, remedy any such problem and relating to the satisfaction Property. There has been no release or disposal of Landlord and all applicable governmental authorities, in accordance with all a Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities Material in violation of an Environmental Law in any Hazardous Materials Laws; material respect at, on, under, within or migrating to or from the Property. Seller has not been subject to, nor received any notice (bwritten or oral) of any Hazardous Materials Claims against Tenant private, administrative or judicial action, or any portion notice (written or oral) of any intended private, administrative, or judicial action relating to the Premises; (c) any remedial action taken by Tenant in response to any presence or alleged presence of Hazardous Materials Claims or any Hazardous Materials onMaterial in, under or about upon any portion real property owned or used by the Seller, and there is no reasonable basis for any such notice or action; and there are no pending or threatened actions or proceedings (or notices of potential actions or proceedings) against Seller from any governmental agency or any other entity regarding any matter relating to health, safety or protection of the Premises environment. For purposes of this Agreement, “Hazardous Materials” means (A) any petroleum or petroleum products, flammable explosives, radon, radioactive materials, asbestos in violation any form that is or could become friable, urea formaldehyde foam insulation and transformers or other equipment that contain dielectric fluid containing levels of any Hazardous Materials Lawspolychlorinated biphenyls (PCBs); (dB) Tenant’s discovery of any occurrence chemicals or condition on other materials or substances which are now or hereafter become defined as or included in the vicinity definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants” or words of similar import under any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous MaterialsEnvironmental Law; and (eC) all communications any other chemical or other material or substance, exposure to which is now or from Tenanthereafter prohibited, limited or regulated by any governmental or regulatory authority under any Environmental Law. For purposes of this Agreement, “Environmental Law” means any law or order of any other Person governmental or regulatory authority, agency, entity, or body relating to Hazardous Materials Laws the regulation or Hazardous Materials Claims with respect protection of human health, safety or the environment or to any portion emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals or industrial, toxic or hazardous substances or wastes into the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense environment (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordambient air, to join and participate insoil, as a party if it so electssurface water, any legal proceedings ground water, wetlands, land or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgesubsurface strata), there are not pending claims or causes of action arising out or otherwise relating to the Facility manufacture, processing, distribution, use, treatment, storage, disposal, transport or the Premises as handling of the Commencement Date; and (ii) to Landlord’s knowledgepollutants, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereincontaminants, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Datechemicals or industrial, and, if required by law, Landlord hereby agrees to remedy any such actual toxic or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensehazardous substances or wastes.

Hazardous Materials. Tenant’s use In the event the Contractor encounters or suspects the presence on the Site of Hazardous Materials, which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner in writing, whether or not such material was generated by the Contractor or the Owner. Contractor will have no obligation to investigate the Sites for the presence of Hazardous Materials prior to commencement of the Premises shall Work unless otherwise specified in the Scope of Work. Owner will be solely responsible for investigating Hazardous Materials and determining the appropriate removal and remediation measures with respect to the Hazardous Materials preexisting or discovered at the Sites. Owner will comply with all Hazardous Materials LawsApplicable Laws with respect to the identification, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation removal and proper disposal of any Hazardous Materials known or discovered at or around the Sites, and in connection therewith will execute all generator manifests with respect thereto. Contractor will comply with all Applicable Laws by Tenant during in connection with the Term or if Tenant has received notice use, handling, and disposal of any Hazardous Materials Claim against any portion Substances in the performance of its Work. Contractor will be accountable for delays, costs or penalties associated with the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal presence of Hazardous Materials where the presence of such Hazardous Materials is attributable to Contractor’s negligent acts or otherwise, and upon Landlord’s approval omissions. To the extent Owner is aware of the remediation planpresence of any hazardous waste at any Site, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Owner shall immediately advise Landlord be responsible for informing Contractor in writing of: (a) any Environmental Activities in violation of the location of such hazardous waste and shall bear responsibility for reasonable damages for personal injury or property damage caused by its failure to disclose the presence of such hazardous waste to Contractor. In connection with the foregoing, Owner represents and warrants, to its knowledge, that it is not aware of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeHazardous Materials either on or within the walls, there are ceiling or other structural components, or otherwise located in or on the Sites, including, but not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Datelimited to, asbestos-containing materials; and (ii) to Landlord’s knowledgeunsafe working conditions at the Sites. Owner will indemnify, no Environmental Activities in violation defend, and hold Contractor harmless from and against any and all actions, claims, demands, damages, disabilities, fines, penalties, losses, costs, expenses (including consultants’ and attorneys’ fees and other defense expenses) and liabilities of any nature that in any way result from, or arise under, such Owner owned or generated Hazardous Materials, except for liabilities to the extent arising from (1) the negligence or willful misconduct of Contractor, or its Subcontractors, agents or representatives, in the handling, disturbance or release of preexisting Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of (2) Hazardous Materials at Landlord’s sole cost and expensetransported onto the Sites by Contractor, or its Subcontractors, agents or representatives. This indemnification will survive any termination of this Agreement.

Hazardous Materials. Landlord makes the following representations to ------------------- Tenant’s use , each of which is made to the best of Landlord's knowledge as of the Premises shall comply with date of the Lease and as of the Commencement Date and is subject to and qualified by all information and disclosures made to Tenant by Landlord or obtained by Tenant from other sources prior to the date of the Lease. (a) The soil and ground water in, under, on or about the Parcel does not contain Hazardous Materials Laws(as defined below) in the amounts which violate any Hazardous Materials Laws to the extent that any federal, except for state or local governmental entity could require Landlord or Tenant to take any items set forth remedial action with respect to such Hazardous Materials. (b) No Litigation has been brought or threatened, nor any settlement reached with the federal, estate or local government entity or private party, concerning the actual or alleged presence of Hazardous Materials in, under, on Exhibit “D”or about the Parcel or any disposal, release, or threatened release of Hazardous Materials in or about the Parcel. (c) During the time that Landlord has owned the Project, Landlord has received no notice of (i) any violation, or alleged violation, of any Hazardous Material Law that has not been corrected to the satisfaction of the appropriate authority, (ii) any pending claims relating to the presence of Hazardous Material on the Parcel, or (iii) any pending investigation by any government agency concerning the Parcel relating to Hazardous Materials. If To the extent caused by Tenant or Tenant's employees, agents or contractors, Tenant agrees to indemnify Landlord, defend with counsel acceptable to Landlord, and hold Landlord harmless from and against any Environmental Activities occur claims (including real and personal property damage), actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), interests or are losses, attorneys' fees, including any fees and expenses incurred in enforcing this indemnity from or in connection with the presence, suspected to have occurred in violation presence, release or suspected release of any Hazardous Materials Laws by Tenant during whether into the Term air, soil, surface water or if Tenant has received notice of ground water at the Parcel, or any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in other violation of any Hazardous Materials Laws; . To the extent caused by Landlord or Landlord's employees, agents or contractors, Landlord agrees to indemnify Tenant, defend with counsel acceptable to Tenant, and hold Tenant harmless from and against any claims (b) including real and personal property damage), actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), interests or losses, attorneys' fees, including any fees and expenses incurred in enforcing this indemnity from or in connection with the presence, suspected presence, release or suspected release of any Hazardous Materials Claims against Tenant whether into the air, soil, surface water or ground water at the Parcel, or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in other violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Except for general office supplies typically used in an office area in the ordinary course of business, such as copier toner, liquid paper, glue, ink and cleaning solvents for use in the manner for which they were designed, in such amounts as may be normal for the operations conducted by Tenant on the Premises, Tenant, its agents, servants, employees, contractors, and anyone else acting on Tenant’s use of the Premises behalf shall comply with all Hazardous Materials Lawsnot store, except for any items set forth on Exhibit “D”. If any Environmental Activities occur dispose, produce, use, handle, transport or are suspected to have occurred in violation of manufacture any Hazardous Materials Laws by Tenant during the Term as defined below, in, on, under or if Tenant has received notice of any Hazardous Materials Claim against any portion of about the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Project. In the event Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onof its agents, under servants, employees, contractors or about anyone else acting on Tenant’s behalf breaches the foregoing provision, Tenant shall be solely responsible for and shall indemnify, defend and protect Landlord from and against any portion damage, claim, injury, cost or liability arising therefrom or related thereto (including all costs of clean-up, diminution in value of the Premises or the Project, sums paid in violation settlement of claims, attorney fees and court costs) which arise during or after the Effective Date as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. Tenant’s indemnification of Landlord includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or the Project to the condition existing prior to the introduction of any Hazardous Materials Laws; (d) TenantMaterial, provided Landlord’s discovery approval of any occurrence or condition on or such actions shall first be obtained. The cleanup and disposal of such Hazardous Material shall be performed in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; accordance with all applicable laws, rules, regulations and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightordinances, and except for Tenant shall fully cooperate in connection with any items noted on Exhibit “D” such clean-up, restoration or other work, at Tenant’s sole cost and expense expense. Tenant shall give Landlord prompt notice of the existence of, and/or Tenant’s discovery of, the presence of or contamination of the Premises or the Project with Hazardous Materials. Furthermore, ▇▇▇▇▇▇ shall immediately notify Landlord of any inquiry, test, investigation or enforcement proceeding by or against Tenant, the Premises or the Project concerning the presence of any Hazardous Material. The foregoing notwithstanding, Landlord in Landlord’s sole and absolute discretion may elect, by notice to Tenant, to perform the clean-up and disposal of such waste or materials from the Premises and/or the Project. In such event, Tenant shall pay to Landlord the actual cost of same upon receipt from Landlord of Landlord’s written invoice therefore. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s expense, to negotiate, defend, approve and appeal any action or order issued by any governmental authority with regard to any Hazardous Materials contamination that Tenant is obligated hereunder to remedy. As used in this Article 27.19, the term “Hazardous Materials” shall include those materials and substances described in or regulated by any federal, state or local law, rule or regulation (whether now existing or hereafter enacted or promulgated, as they may be amended from time to time) pertaining to environmental regulations, contamination, clean-up or disclosures, and any judicial or administrative interpretation thereof, including any judicial or administrative orders or judgments, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 38 Landlord /s/ RS____ CA Lease Revision 8.0 – Torrey Hills Corporate Center Tenant /s/ KA____ Skye Bioscience Lease as amended, 42 U.S.C. Section 6901, et seq., the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Superfund Amendments and Reauthorization Act of 1986, Public Law No. 99-499, the Toxic Substances Control Act, 49 U.S.C. Section 1801 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq., the Federal Insecticide, Fungicide, Rodenticide Act 7 U.S.C. 136 et. seq. and any other state superlien or environmental clean-up or disclosure statutes. The term “Hazardous Materials” as used herein shall also include, without limitation, any form of (i) multicellular fungi that live on plant or animal matter and/or in an indoor environment (including, without limitation, Landlord’s reasonable attorneys’ fees Cladosporium, Penicillium, Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, Mucor, and costsStachybotrys chartarum (SC) and with counsel chosen by Landlordoften found in water damaged building materials), to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgespores, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date scents or byproducts produced or released by fungi, including mycotoxins, and (iii) microbial matter which have reproduces through mold, mildew and viruses, whether or not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensemicrobial matter is living.

Hazardous Materials. Tenant’s use (i) To the best knowledge of the Premises shall comply Lessee, on the Closing Date, except as disclosed in the Environmental Audit, there are no Hazardous Materials present at, upon, under or within the Leased Property or released or transported to or from the Leased Property (except in compliance in all material respects with all Hazardous Materials applicable Environmental Laws). (ii) On the Closing Date, no Governmental Actions have been taken or are in process or have been threatened, which could reasonably be expected to subject the Leased Property, any Lender or the Lessor with respect to the Leased Property to any Claims or Liens under any Environmental Law which would have a materially adverse effect on the Lessee, the Lessor, any Lender or the Leased Property. (iii) The Lessee has, or will obtain on or before the date required by applicable Environmental Laws, except for any items set forth on Exhibit “D”. If any all Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials applicable Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Termextent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) No notice, Tenant shall immediately advise Landlord in writing of: (a) notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Environmental Activities Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion liability of the Premises; (c) Lessee under any remedial action taken by Tenant in response Environmental Law. No material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or, to its best knowledge, threatened by any Hazardous Materials on, under Environmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) Except as disclosed in the Environmental Audit, the Leased Property and each portion of the Premises, including copies thereof. Landlord shall have the rightthereof are presently in compliance in all material respects with all Environmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordthere are no present or, to join and participate inthe Lessee's best knowledge, as past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including without limitation the release or presence of Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a party if it so electsmaterial Claim against the Leased Property, any legal proceedings Funding Party or actions initiated in connection with the Lessee, (B) cause the Leased Property to be subject to any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: restrictions on ownership, occupancy, use or transferability under any applicable Environmental Law, (iC) to Landlord’s knowledge, there are not pending claims require the filing or causes recording of action arising out any notice or restriction relating to the Facility presence of Hazardous Materials in the real estate records in the county or other appropriate municipality in which the Premises as Leased Property is located, or (D) prevent or interfere with the continued operation and maintenance of the Commencement Date; Leased Property as contemplated by the Operative Documents. (vi) Notwithstanding any provision herein or in the Lease to the contrary, Lessor and (ii) to Landlord’s knowledgeAgent agree that it is not, no Environmental Activities in and will not constitute, a violation of any representation, warranty or covenant of the Lessee made in this Agreement, the Lease or any other Operative Document, if Hazardous Materials Laws have occurred prior shall be present or handled, generated, stored, processed or disposed of on, or released or discharged from, the Leased Property, to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any extent such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost are used by or on behalf of Lessee in the ordinary course of Lessee's business and expensein material compliance with all Environmental Laws.

Hazardous Materials. The following provision shall be added to Section 10 of the Lease: “Landlord hereby represents and warrants, to Landlord’s actual knowledge, that the Building and the Property does not contain Hazardous Materials at levels that require remediation under applicable Environmental Laws. If it is discovered that the Premises contain Hazardous Materials in levels in violation of applicable Environmental Laws, the presence of which predates the Lease and was not caused by Tenant or any of Tenant’s use Parties, Landlord, at its sole expense, shall take all action required by applicable governmental authority, including removal of the Hazardous Materials from the Premises shall if and to the extent required by applicable governmental authority, to comply with all Hazardous Materials the covenants herein or applicable Environmental Laws. Further, except notwithstanding any provision in the Lease to the contrary, Tenant shall not be responsible for, shall have no liability or obligations with respect to, and shall not be obligated to pay for or take any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected action with respect to have occurred in violation (i) the existence of any Hazardous Materials Laws on the Premises which occurred or existed prior to the Delivery Date (of the Lease unless caused or permitted by Tenant during Tenant, any entity that controls, is controlled by or is under common control with Tenant, or to any entity resulting from a merger or consolidation with Tenant, or to any person or entity which acquires all the Term assets of Tenant’s business as a going concern (each, an “Affiliate”), or if Tenant has received notice any of Tenant’s Parties, (ii) the existence of any Hazardous Materials Claim against any portion Material on the Premises which occurred or existed after the date of the Premises as a result Lease unless caused or permitted by Tenant, any Affiliate or any of Tenant’s acts or omissions during Parties, (iii) the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal release of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under onto or about any portion of from the Premises unless caused or permitted by Tenant, any Affiliate, or any of Tenant’s Parties, whether released prior to or on or after the Commencement Date (as defined in the Lease), or (iv) any violation of any Hazardous Materials Environmental Laws; (d) Tenant’s discovery of any occurrence , unless and to the extent that such was caused or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from permitted by Tenant, any governmental authority Affiliate, or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseParties.”

Hazardous Materials. Tenant’s use CLIENT agrees to give a written disclosure to CONSULTANT prior to the execution of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation a Work Release of any Hazardous Materials Laws hazardous materials or toxic substances existing in, on or near the Relevant Project site known to CLIENT that may present a potential for harm to human health, the environment or equipment. Unless otherwise provided in the Consulting Services Contract, CONSULTANT and CONSULTANT’s Subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Relevant Project site, unless the hazardous materials or toxic substances were brought to the Relevant Project site by Tenant during CONSULTANT or CONSULTANT’s Subconsultants. CONSULTANT shall have the Term or if Tenant has received notice duty and responsibility to report to CLIENT the presence and location of any Hazardous Materials Claim against any portion of hazardous materials or toxic substances at the Premises as a result of TenantRelevant Project site which CONSULTANT or CONSULTANT’s acts or omissions during Subconsultants discover. In the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority event CONSULTANT or any other Person relating to Hazardous Materials Laws person or Hazardous Materials Claims with respect to any portion entity encounters hazardous materials or toxic substances at the Relevant Project site, or should it become known that such materials or substances are present at the Relevant Project site or its adjacent areas that may affect the performance of CONSULTANT’s Services, CONSULTANT may, at its option, and without liability for consequential or other damages, suspend performance of the PremisesServices until CLIENT retains appropriate specialist consultants or contractors to identify, including copies thereof▇▇▇▇▇ and/or remove the hazardous materials or toxic substances and such consultants represent that such hazardous materials or toxic substances have been rendered harmless. Landlord To the fullest extent permitted by law, CLIENT shall have the rightindemnify, defend and hold harmless CONSULTANT and CONSULTANT’s Subconsultants and their past and current officers, directors, partners, members, employees, agents and consultants, and except for any items noted on Exhibit “D” at Tenant’s sole cost each of them, from and expense against all claims, liabilities, damages, costs and expenses (including, without limitation, Landlord’s including reasonable attorneys’ fees and costscosts and expenses of dispute resolution) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out of or relating to based in whole or in part upon any hazardous materials or toxic substances in any form at the Facility Relevant Project site unless such injuries, damages or losses are caused in part or in whole by the Premises as negligence or willful misconduct of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseCONSULTANT and/or CONSULTANT’S Subconsultants.

Hazardous Materials. Tenant’s use Lessee shall ensure that the Leased Property and the operation of the Premises shall Facilities comply with all Hazardous Materials Laws. Except for Hazardous Materials generated in the normal course of business regarding the Primary Intended Use (which Hazardous Materials shall be handled and disposed of in compliance with all Hazardous Materials Laws), except no Hazardous Materials shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Leased Property or in connection with the operation of any Facility. No activity shall be undertaken on the Leased Property or in connection with the operation of any Facility which would cause (a) the Leased Property to become a treatment, storage or disposal facility of hazardous waste, infectious waste, biomedical or medical waste, within the meaning of, or otherwise bring the Leased Property within the ambit of RCRA or any Hazardous Materials Laws, (b) a release or threatened release of Hazardous Materials from the Leased Property within the meaning of, or otherwise bring the Leased Property within the ambit of, CERCLA or ▇▇▇▇ or any Hazardous Materials Laws or (c) the discharge of Hazardous Materials into any watercourse, surface or subsurface of body of water or wetland, or the discharge into the atmosphere of any Hazardous Materials which would require a permit under any Hazardous Materials Laws. No activity shall be undertaken with respect to the Leased Property or the operation of any Facility which would cause a violation or support a claim under RCRA, CERCLA, ▇▇▇▇ or any Hazardous Materials Laws. Lessee shall, at its sole cost, expense, risk and liability, remove or cause to be removed from the Leased Property all Hazardous Materials generated in connection with the Primary Intended Use and as found in hospital and healthcare facilities, including, without limitation, all infectious waste materials, syringes, needles and any materials contaminated with bodily fluids of any type, character or description of whatsoever nature in accordance with all Hazardous Materials Laws. Lessee shall not dispose of any such infectious waste and Hazardous Materials in any receptacles used for the disposal of normal refuse. Lessee shall indemnify and defend, at its sole cost and expense, and hold Lessor and its successors and assigns, harmless from and against and to reimburse Lessor and its successors and assigns with respect to any items set forth on Exhibit “D”. If and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees and court costs) of any Environmental Activities occur and every kind or are suspected character, known or unknown, 31 fixed or contingent, asserted against or incurred by Lessor and its successors and assigns at any time and from time to have occurred in time by reason or arising out of any breach by Lessee of this Section 8.2 or any violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice any Person other than Lessor, any of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Lessor's Affiliates or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims their respective agents or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or representatives relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseLeased Property.

Hazardous Materials. Tenant’s use of the Premises a. Tenant shall comply with all Hazardous Materials applicable environmental laws, orders, regulations, ordinances and directives now existing or hereafter enacted (“Environmental Laws”) and, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, shall perform any act or obligation arising from or as is necessary to achieve such compliance arising from its use of the Premises. Landlord shall, at its sole cost and expense, perform any act or obligation in order to comply with all Environmental Laws except those which are T▇▇▇▇▇’s obligation hereunder. b. Tenant shall not cause or permit any portion of the Premises to be used for the production, storage, deposit or disposal of Hazardous Materials, nor shall Tenant permit Hazardous Materials ever to be placed or located upon the Premises. Notwithstanding the above prohibition, Tenant acknowledges that it stores Hazardous Materials (thinners, lacquers, glues, varnishes, etc) including the listed petrochemicals and finishes containing urea formaldehyde and covenants that same are at all times used, kept and stored in full compliance with the Environmental Laws including the storing of the Hazardous Materials in code-compliant flammable cabinets. As used herein, “Hazardous Materials” means all substances or pollutants which are declared to be or regulated as hazardous, toxic, dangerous or polluting substances under the Environmental Laws at any time during the Term of this Lease, including, without limitation, Landlord’s reasonable attorneys’ fees asbestos, polychlorinated biphenyles (PCBs), urea formaldehyde, foam insulation, and costs) petroleum products and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, by-products. c. Tenant shall promptly notify Landlord of any legal proceedings actual or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or threatened lien against the Premises as of which T▇▇▇▇▇ becomes aware pursuant to any of the Commencement Date; and (ii) to Landlord’s knowledgeEnvironmental Laws. Tenant, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at LandlordTenant’s sole cost and expense, shall promptly discharge and remove any lien arising from Tenant’s violation of any of the Environmental Laws, such action to be completed within thirty (30) days after Tenant first receives notice of such lien or violation or such shorter period of time if required (1) by the governmental agency enforcing the correction of such violation, or (2) to prevent the holder of any such lien from forcing the sale of the Premises.

Hazardous Materials. Tenant, on behalf of Tenant or Tenant’s agents, employees or contractors, shall not (either with or without negligence) cause or permit (i) the spill, discharge, escape, disposal or release of any hazardous or toxic substances, wastes or materials at or about the Premises, or (ii) the treatment, storage or use of such substances or materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, or (iii) to be brought onto the Premises any such materials or substances except in limited quantities to use in the ordinary and lawful course of Tenant’s business, and then only after written notice is given to Landlord of the identity, quantity and location of such substances or materials or wastes derives therefrom (collectively, in clauses (i), (ii) and (iii) called “Environmental Violations”. Without limitation, hazardous substances and materials shall comply with all Hazardous Materials include those described in or meeting the criteria of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., and any applicable state or local environmental laws and the regulations adopted under these acts (“Environmental Laws, except for any items set forth on Exhibit “D”). If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws Violations caused by Tenant or Tenant’s agents, employees or contractors, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord within ten (10) days following Landlord’s supporting statements therefor, as additional rent if such requirement applies to the Premises or to Tenant. In addition, Tenant shall execute reasonable affidavits, representations and the like from time to time within ten (10) days after Landlord’s written request concerning Tenant’s best knowledge and belief regarding the presence of Environmental Violations on the Premises. In the event Tenant causes any Environmental Violations under this Lease, in addition to all other rights and remedies of Landlord under this Lease, regardless of when the existence of the violation is determined, whether during the Term or if Tenant after the Lease has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts expired or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Termbeen terminated, Tenant shall immediately advise Landlord in writing of: upon notice from Landlord, at Landlord’s option, either (aA) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, diligently and expeditiously undertake, with respect to any violation of this Article, (including1) elimination of any Tenant’s violation of Environmental Law, without limitation(2) complete remedial investigations, feasibility studies, remedial actions (which actions may, at the Landlord’s option, include removal and disposal of any Environmental Violations) and restoration of the Land to the condition existing prior to such investigative or remedial activities, all in accordance with Environmental Laws, or (B) reimburse Landlord for all reasonable costs, fees and expenses, including reasonable attorneys’ fees fees, incurred by Landlord in undertaking any actions to cure Environmental Violations caused by Tenant referred to in the foregoing clauses A.1 and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.A.

Hazardous Materials. Tenant’s use As of the Premises Effective Date, Paragraph 57 of the Original Lease is hereby modified and amended (x) so as to clarify that the restrictions, obligations and liabilities of Tenant pursuant to said Paragraph 57 shall comply with all Hazardous Materials Lawsbe deemed to apply to both (a) the introduction by any person or entity (other than Landlord, except for any items set forth on Exhibit “D”. If any Environmental Activities occur its agents or are suspected to have occurred in violation contractors) of any Hazardous Materials Laws by Tenant in or on the Demised Premises during the Term of the Lease and (b) the introduction by Tenant or if Tenant has received notice any of Tenant’s Related Parties of any Hazardous Materials Claim against in, on or under any other portion of the Premises as a result of Tenant’s acts Building or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary Real Property; (y) to remedy any such actual or suspected problem through add the removal of Hazardous Materials or otherwise, and upon Landlord’s approval following paragraph to Paragraph 57 of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing ofOriginal Lease: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinin Paragraph 57 of this lease, in no event Tenant shall Tenant not be responsible for conditions of any Hazardous Materials which (i) were present in or at the Premises in existence Demised Premises, Building and/or Real Property prior to the Commencement Datedate on which Tenant first takes occupancy of the Demised Premises (“Pre-Existing Hazardous Materials”) or (ii) are introduced upon the Demised Premises, andBuilding and/or Real Property by persons other than Tenant or Tenant’s Related Parties (“Third-Party Hazardous Materials”). In the event Pre-Existing Hazardous Materials or Third-Party Hazardous Materials are present in the Demised Premises, if required by lawBuilding and/or Real Property and same materially and adversely affect Tenant’s use of the Demised Premises, Landlord hereby agrees covenants to remedy any address such actual legal violation in the manner required by applicable law. Notwithstanding the foregoing, if the subject legal violation has been caused by the act or suspected problem through the removal omission of Hazardous Materials at Landlord’s sole cost and expensea third party, then Landlord may seek to cause such third party to address such legal violation.”

Hazardous Materials. Tenant’s use Neither Tenant nor any Permitted Person shall bring upon the Premises or possess thereon or make, produce or discharge thereon any hazardous or toxic materials, wastes or substances as such terms are defined in the Resource Conservation and Recovery Act (RECRA) (PL 94-590, 90 Stat. 2796 [1976] and amendments thereto, the Clean Water Act of 1972 (33 USC 1321 [f]) and subsequent amendments thereto, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (PL 96-510, 94 Stat. 27, 67 [1980] and subsequent amendments thereto, the rules and regulations of the United States Environmental Protection Agency promulgated thereunder, Chapter 403 Florida Statutes, and the rules and regulations of the Florida Department of Environmental Protection; and shall not bring upon or leave upon the Premises shall comply with all Hazardous Materials Lawsany containers, except for any items set forth on Exhibit “D”receptacles or the like containing such wastes, substances or materials. If any Environmental Activities occur materials, wastes or are suspected substances left on the Premises by Tenant or any Permitted Person should at any time be classified or determined by a governmental authority as substances required to be removed from the Premises or disposed of at a qualified hazardous waste or disposal site, Tenant shall be obligated at Tenant's expense to remove and dispose of the same in a regulatory approved manner. Notwithstanding the foregoing prohibitions, should Tenant or any Permitted Person, while occupying or carrying on any operations or activities upon the Premises, cause the deposit on the Premises or any other area, of any such wastes, substances or materials which pursuant to any foregoing laws, statutes, rules or regulations or orders of any governmental entity or agency Owner might have occurred an obligation to clean up or participate in the clean up from any such deposit area, Tenant shall assume all such obligations of Owner thereunder. Tenant hereby agrees to indemnify and save Owner harmless from any damages, expenses or liability resulting from any violation of any Hazardous Materials Laws the provisions of this paragraph by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against Permitted Person or any portion of other person present on the Premises as a result of Tenant’s the acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Permitted Person. Tenant's obligations under this paragraph, including Tenant's indemnification obligations and Tenant's obligations to remove and dispose of in an approved manner any such materials, substances or wastes brought upon or left upon the Premises; (c) any remedial action taken Premises by Tenant in response and Tenant's obligations to any Hazardous Materials Claims assume Owner's obligations or any Hazardous Materials on, under liabilities for clean up as aforesaid shall be continuous and shall survive the expiration or about any portion termination of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: as follows: (i) to To the best of Landlord’s 's knowledge, there except as disclosed in Exhibit I and without undertaking any investigation other than that which was --------- performed in connection with Landlord's purchase of the Project, no Hazardous Materials are not located in, on, under or about the Premises or Project. (ii) Landlord has received no notice of (A) any violation or alleged violation of any Applicable Law pertaining to Hazardous Materials with respect to the Project; or (B) any pending claims or causes of action arising out or investigations relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation presence of any Hazardous Materials Laws have occurred prior in, on, under or about the Project. (b) Except for matters that constitute Tenant's obligations under Article VI of the Lease, Landlord shall, at its sole expense, take all actions required by applicable governmental authorities to investigate and remediate any Hazardous Materials which are found or suspect to exist in, on, under or about the Commencement Date Project. Landlord hereby agrees to indemnify, hold harmless, protect and defend Tenant (with attorneys acceptable to Tenant), from and against any remediation costs or expenses imposed upon or incurred by Tenant in connection with any investigation or remediation of Hazardous Materials present in, on or under the Premises caused by Landlord or by a party or parties not party to this Lease, which have is required by a governmental agency with jurisdiction, provided that such indemnification shall be limited to costs imposed upon or incurred by Tenant to remediate the Premises, including, without limitation, actual attorneys and consultants fees and costs, and it is not been remedied in full. Notwithstanding anything intended to and shall not include losses, liabilities or expenses of any other type whatsoever, including, without limitation, losses, liabilities or expenses due to business interruption, economic or personal injury claims or otherwise. (c) Except with respect to Hazardous Materials for which Tenant is responsible pursuant to Article VI of the contrary contained hereinLease, in no event shall Tenant be responsible for conditions required to pay (and Landlord shall not seek reimbursement from Tenant as an item of Project Costs or otherwise) any costs or expenditure incurred in connection with (i) any testing, investigation, monitoring, analysis or remediation of any Hazardous Materials; (ii) any violation or alleged violation of, or the Premises in existence prior defense of any claim arising under, any Applicable Law pertaining to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy Hazardous Materials; (iii) any such actual consequential damages suffered as a result of any Hazardous Material contamination; or suspected problem through the removal of Hazardous Materials at (iv) Landlord’s sole cost and expense's compliance with its obligations under subsection (b) above.

Hazardous Materials. 20.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermPremises by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials in, on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 20.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws in the form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Premises (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Premises for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 20.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials. Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 20.3. Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 20.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right to conduct appropriate tests of the Premises or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises in violation of any this Lease. 20.5. If underground or other storage tanks storing Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence installed or condition utilized by Tenant are located on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereofor are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Landlord Tenant shall have the rightno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, and except for any items noted on Exhibit “D” at in which case Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, responsibility for such tanks shall be as set forth in this Section. 20.6. Tenant shall promptly report to join and participate in, as a party if it so elects, Landlord any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 20.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 26. 20.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building of Complex ("INSURANCE CONDITIONS"); (b) dump, flush or are suspected to have occurred in violation otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises, the Building or the Complex, except in compliance with Environmental and Health Laws by Tenant during the Term and Insurance Conditions; (c) release, spill or if Tenant has received notice dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions). Tenant agrees that if it or omissions during anyone claiming under it shall transfer to the TermPremises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord shall have the rightany notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and Health Laws or with counsel chosen by Landlord, respect to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claimsaffecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or other informational requests relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Tenant's use of the Premises in existence prior to the Commencement Date, and, if required by lawin particular, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Tenant's use, generation, storage and/or disposal of Hazardous Materials at Landlord’s sole cost at, to, or from the Premises. For purposes of this Lease, the term "HAZARDOUS MATERIALS" shall mean and expenseinclude any Excepted Waste (as defined in Section 5.3 of this Lease), asbestos and asbestos-containing materials, air pollutants or contaminants, crude and refined oil and the products and by-products of oil and petroleum, radioactive, biological, medical or infectious wastes or materials, and any other toxic or hazardous wastes, materials and substances which are defined, determined or identified as a hazardous substance or hazardous waste, extremely hazardous waste, infectious waste, non-RCRA waste, retrograde material, restricted hazardous waste, volatile organic compound, waste or similarly defined, determined or identified in any Environmental and Health Laws, or in any judicial or administrative interpretation of Environmental and Health Laws.

Hazardous Materials. Tenant’s use For purposes of this Lease, "Hazardous Material" means any pollutant or contaminant or hazardous, dangerous or toxic chemicals, materials, or substances within the meaning of any applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders) relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste substance or material, all as amended or hereafter amended. Hazardous Material shall also include, without limitation, crude oil or any fraction thereof, any radioactive material, asbestos in any form or condition, radon, polychlorinated biphenyls ("PCBs") or substances or compounds containing PCBs, medical waste and noxious chemicals used in any construction on the Premises. Tenant agrees not to keep in or on the Premises any inflammable, combustible or explosive substance nor any substance which would create or tend to create a dangerous or combustible condition (other than cleaning products and other substances of the Premises shall comply sort and in quantities customarily kept in similar operations provided same are kept and used in accordance with all Hazardous Materials Lawsapplicable laws). Tenant agrees not to cause or allow the presence, except for any items set forth on Exhibit “D”. If any Environmental Activities occur storage, use, maintenance or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials in or otherwiseabout the Premises without Landlord's prior written consent. If Tenant's business requires use or possession of Hazardous Materials, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Tenant must advise Landlord and obtain Landlord's written consent before bringing any Hazardous Materials onto or creating such condition on or within the Premises. If Tenant uses or maintains Hazardous Materials on or in the Premises, Tenant agrees to handle, store, transport and dispose of all applicable governmental authorities, Hazardous Materials at Tenant's sole cost and expense in accordance with all then-existing local, state and federal rules and laws. Provided it is lawful to do so, Tenant agrees to enter into a contract(s) with a company certified to handle the Hazardous Materials Laws for the transport and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation disposal of any all Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of from the Premises; (c) . A copy of all such contracts and all renewals must be provided to Landlord. Landlord may, at Landlord's sole option, now or in the future, obtain a report from an environmental consultant of Landlord's choice as to whether Tenant has been or is currently using any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion part of the Premises for the improper use, handling, storage, transportation or disposal of Hazardous Materials. If any such report indicates such improper use, handling, storage, transportation or disposal of Hazardous Materials, Tenant agrees to immediately reimburse Landlord for the cost of obtaining the environmental report, and, in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion addition, Landlord may require that all violations of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims law with respect to the Hazardous Materials be corrected and/or that Tenant obtains all necessary environmental permits and approvals. If Tenant fails to correct any portion such violation(s) of law and/or fails to obtain such necessary permits within a reasonable time after demand from Landlord, then Landlord may declare this Lease in default and/or may cause the Premises, including copies thereof. Landlord shall have Premises and any surrounding areas to be freed from the right, and except for any items noted on Exhibit “D” Hazardous Materials at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to which Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensepay on demand from Landlord as additional rent.

Hazardous Materials. Tenant and Landlord acknowledge that each has received and reviewed that certain Phase I Environmental Site Assessment dated October 14, 1997 and that certain Asbestos Facility Survey dated October 15, 1997 each prepared by Environmental Consulting & Technology, Inc. pertaining to the Premises (collectively, the “Report”), and each party to this Lease has undertaken such additional investigations regarding the subject matter of said Report to its respective satisfaction. Landlord hereby represents to Tenant that it has no knowledge regarding the environmental condition of the Premises except as disclosed in the Report. Tenant acknowledges that except as contained in the preceding sentence, Landlord has not made any representation or warranty to Tenant regarding the accuracy of the information in said Report or the environmental condition of the Premises generally or specifically and Tenant has not relied upon any statements by Landlord, if any, regarding the condition of the Premises including its environmental condition. Tenant hereby represents to Landlord that it has no knowledge regarding the environmental condition of the Property except as disclosed in the Report. Tenant represents, warrants and covenants (i) that it will not use nor store in, or about the Premises, any Hazardous Materials (defined herein), other than those Hazardous Materials that are necessary for Tenant to conduct its business activities on the Premises, (ii) that, with respect to any such Hazardous Materials, Tenant shall comply with all applicable federal, state and local laws, rules, regulations, policies and authorities relating to the storage, use, disposal or cleanup of Hazardous Materials, including, but not limited to, the obtaining of proper permits, and (iii) that it will not dispose of any Hazardous Materials in, on or about the Premises except as may be permitted by and in accordance with applicable law. Tenant agrees to clean up or cause to be cleaned up any contamination created by Tenant, brought on by Tenant or allowed by Tenant to be brought upon the Premises during the term of this Lease, as extended or renewed, requiring removal or remediation under federal, state or local, law, statutes, ordinances, regulations or policies. Tenant further agrees to indemnify, defend and hold Landlord and Landlord’s mortgagees harmless from and against any claims, liabilities, suits, causes of action, costs, expenses or fees, including reasonable attorneys’ fees and costs, arising out of or in connection with (i) any remediation, cleanup work, inquiry or enforcement proceeding in connection with any clean up work required under the preceding sentence; (ii) any Hazardous Materials used, stored or disposed of by Tenant or its agents, employees, contractors or invitees in, on or adjacent to the Premises after the Commencement Date; (iii) any Hazardous Materials generated by or resulting from Tenant’s use of the Premises shall comply with all Hazardous Materials Lawsand transported, except for stored, disposed of, or released in any items set forth on Exhibit “D”. If any Environmental Activities occur manner at a location other than the Premises; or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (biv) any Hazardous Material located on the Premises during the Lease term except that which may be present as of the Commencement Date or thereafter created by Landlord, brought on by Landlord or allowed by Landlord to be brought upon the Premises. Tenant shall surrender the Premises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste and Hazardous Materials Claims against used, stored or disposed of by Tenant or its agents, employees, contractors or invitees, and in a condition which complies with all governmental statutes, ordinances, regulations and policies except for non-compliance arising from Landlord’s activities or any portion conditions existing as of the Premises; (c) any remedial action taken by Tenant in response Commencement Date. Upon such expiration or earlier termination Landlord may procure the services of an environmental engineer to any Hazardous Materials Claims or assess the existence of any Hazardous Materials on, under in, or about the Premises and if any portion material violation of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery covenants herein are disclosed by such assessment report, a copy of any occurrence or condition on or which shall be furnished to Tenant, in addition to curing the vicinity of any portion violations (to the extent such cure would be required under the immediately preceding paragraph), Tenant shall reimburse Landlord for the reasonable cost of the Premises that materially increase the risk that assessment and report. Landlord agrees to clean up or cause to be cleaned up any portion of contamination created by Landlord, brought on by Landlord or allowed by Landlord to be brought upon the Premises will be exposed during the term of this Lease, as extended, requiring removal or remediation under federal, state or local, law, statutes, ordinances, regulations or policies. Landlord further agrees to Hazardous Materials; indemnify, defend and (e) all communications to hold Tenant harmless from and against any claims, liabilities, suits, causes of action, costs, expenses or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesfees, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs, arising out of or in connection with (i) and with counsel chosen by Landlordany remediation, to join and participate incleanup work, as a party if it so elects, any legal proceedings inquiry or actions initiated enforcement proceeding in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to clean up work required under the Facility or the Premises as of the Commencement Datepreceding sentence; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior located upon, used, stored or disposed of on or adjacent to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy ; (iii) any such actual or suspected problem through the removal of Hazardous Materials at generated by or resulting from Landlord’s sole cost use of the Premises and expensetransported, stored, disposed of, or released in any manner at a location other than the Premises; or (iv) any Hazardous Materials created by Landlord, brought on by Landlord or allowed by Landlord to be brought upon the Premises.

Hazardous Materials. Tenant’s use Lessee shall ensure that the Leased Property and the operation of the Premises shall Facilities comply with all Hazardous Materials Laws. Except for Hazardous Materials generated in the normal course of business regarding the Primary Intended Use (which Hazardous Materials shall be handled and disposed of in compliance with all Hazardous Materials Laws), except no Hazardous Materials shall be installed, used, generated, manufactured, treated, handled, refined, produced, processed, stored or disposed of, or otherwise present in, on or under the Leased Property or in connection with the operation of any Facility. No activity shall be undertaken on the Leased Property or in connection with the operation of any Facility which would cause (a) the Leased Property to become a treatment, storage or disposal facility of hazardous waste, infectious waste, biomedical or medical waste, within the meaning of, or otherwise bring the Leased Property within the ambit of RCRA or any Hazardous Materials Laws, (b) a release or threatened release of Hazardous Materials from the Leased Property within the meaning of, or otherwise bring the Leased Property within the ambit of, CERCLA or ▇▇▇▇ or any Hazardous Materials Laws or (c) the discharge of Hazardous Materials into any watercourse, surface or subsurface of body of water or wetland, or the discharge into the atmosphere of any Hazardous Materials which would require a permit under any Hazardous Materials Laws. No activity shall be undertaken with respect to the Leased Property or the operation of any Facility which would cause a violation or support a claim under RCRA, CERCLA, ▇▇▇▇ or any Hazardous Materials Laws. Lessee shall, at its sole cost, expense, risk and liability, remove or cause to be removed from the Leased Property all Hazardous Materials generated in connection with the Primary Intended Use and as found in hospital and healthcare facilities, including, without limitation, all infectious waste materials, syringes, needles and any materials contaminated with bodily fluids of any type, character or description of whatsoever nature in accordance with all Hazardous Materials Laws. Lessee shall not dispose of any such infectious waste and Hazardous Materials in any receptacles used for the disposal of normal refuse. Lessee shall indemnify and defend, at its sole cost and expense, and hold Lessor and its successors and assigns, harmless from and against and to reimburse Lessor and its successors and assigns with respect to any items set forth on Exhibit “D”. If and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees and court costs) of any Environmental Activities occur and every kind or are suspected character, known or unknown, fixed or contingent, asserted against or incurred by Lessor and its successors and assigns at any time and from time to have occurred in time by reason or arising out of any breach by Lessee of this Section 8.2 or any violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice any Person other than Lessor, any of any Hazardous Materials Claim against any portion of the Premises as a result of TenantLessor’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Affiliates or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims their respective agents or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or representatives relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseLeased Property.

Hazardous Materials. Tenant shall not introduce ~n or transfer to the Premises or Property, any Hazardous Materials (as hereinafter defined); nor dump, flush or otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises or Property; nor generate, store, use, release, spill or dispose of Hazardous Materials in or on the Premises or the Property, or transfer any Hazardous Materials from the Premises to any other location; and Tenant shall not commit or suffer to be cormnitted in or on the Premises or Property any act which would require any reporting or filing of any notice with any governmental agency pursuant to any statutes, laws, codes, ordinances, roles regulations, present or future, applicable to the Property or to Hazardous Materials. Tenant agrees that if it shall generate, store, release, spill, dispose of or U’ansfer to the Premises or Property any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental Laws (as hereinafter defined), regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall pay any fines, penalties or other assessments imposed by any governmental agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises or Property which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant’s disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental Laws or with respect to any Hazardous Materials affecting the Premises or Property. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant’s use of the Premises shall comply with all Hazardous Materials Lawsand, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected in particular, to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termuse, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal generation, storage andlor disposal of Hazardous Materials at, to, or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of from the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Premises shall comply with all Project site any Hazardous Materials LawsSubstance (as defined in 18.3(c)), except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 18.3(c)). In the event Contractor engages in any of the activities prohibited in this Paragraph 18.3. to the fullest extent permitted by law, Contractor hereby indemnifies and holds City, Architect and all Hazardous Materials Laws of their respective officers, agents and good business practices. During employees harmless from and against any and all claims, damages, losses, causes of action, suits, and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the Term, Tenant shall immediately advise Landlord activities prohibited in writing of: this Paragraph 18.3. (a) In the event Contractor encounters on the Project site any Environmental Activities Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in violation a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Materials Laws; Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City, Architect and all of their respective officers, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits, and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from Contractor’s failure to stop the Work. (b) City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Materials Claims against Tenant or any portion of Substance until such time as the Premises; Hazardous Substance has been remediated and/or rendered harmless. (c) For purposes of this Agreement, the term “Hazardous Substance” shall mean and include any remedial action taken element constituent, chemical, substance, compound, or mixture, which are defined as a hazardous substance by Tenant in response any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to any Hazardous Materials Claims environmental regulation, contamination, clean-up or any Hazardous Materials ondisclosure, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, LandlordThe Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), The Resource Conservation and Recovery Act (“RCRA”), The Toxic Substances Control Act (“TSCA”), The Clean Water Act (“CWA”), The Clean Air Act (“CAA”), the Marine Protection Research and Sanctuaries Act (“MPRSA”), The Occupational Safety and Health Act (“OSHA”), The Superfund Amendments and Reauthorization Act of 1986 (“▇▇▇▇”), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as “Environmental Laws”). It is the Contractor’s reasonable attorneys’ fees responsibility to comply with Paragraph 18.3 based on the law in effect at the time its services are rendered and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection comply with any Hazardous Materials Claims. Landlord represents and warrants amendments to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to those laws for all services rendered after the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation effective date of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseamendments.

Hazardous Materials. Tenant’s use of the Premises shall comply with all BLI has never generated, used or handled any ------------------- Hazardous Materials Laws(as defined below), except for any items set forth on Exhibit “D”. If any Environmental Activities occur nor has BLI treated, stored or are suspected to have occurred in violation disposed of any Hazardous Materials Laws at any site owned or leased by Tenant during the Term BLI or if Tenant shipped any Hazardous Materials for treatment, storage or disposal at any other site or facility. No other person has received notice ever generated, used, handled, stored or disposed of any Hazardous Materials Claim against at any portion of the Premises as a result of Tenant’s acts site owned or omissions premises leased by BLI during the Termperiod of BLI's ownership or lease, Tenant shall promptly obtain all permits and approvals necessary to remedy nor has there been or is there threatened any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation release of any Hazardous Materials Laws; (b) on or at any Hazardous Materials Claims against Tenant such site or any portion premises. To the best of BLI's, the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims Key Employees' or any Hazardous Materials onTriumph's knowledge, under no other person has ever generated, used, handled, stored or about any portion of the Premises in violation disposed of any Hazardous Materials Laws; (d) Tenant’s discovery at any site in which BLI presently holds a mortgage or similar interest, nor has there been or is there threatened any release of any occurrence or condition Hazardous Materials on or at any such site that could have a material adverse effect on BLI or Acquisition Co. BLI does not presently own, operate, lease or use, nor has it previously owned, operated, leased, or used any site on which underground storage tanks are or were located. Except as set forth in Section 2.26 of the Disclosure Schedule, ------------ BLI, the Key Employees and Triumph have no notice that any Hazardous Materials have ever been generated, used, handled, stored or disposed of at any site in which BLI presently holds any mortgage or similar interest, or shipped from any such site for treatment, storage or disposal at any other site or facility in a manner that could have a material adverse effect on BLI or Acquisition Co. No lien has ever been imposed by any governmental agency on any property, facility, machinery, or equipment owned, operated, leased or used by BLI nor are any such liens currently in place on any property, facility, machinery or equipment in which BLI holds any mortgage, lien, or similar interest in connection with the presence of any Hazardous Materials. For purposes of this Section 2.26, "Hazardous Materials" shall mean and ------------------- include any "hazardous waste" as defined in either the United States Resource Conservation and Recovery Act or regulations adopted pursuant to said Act, and also any "hazardous substances" or "hazardous materials" as defined in the vicinity United States Comprehensive Environmental Response, Compensation and Liability Act. BLI has provided to MFC copies of all documents, records and information available to BLI concerning any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed environmental or health and safety matter relevant to Hazardous Materials; and (e) all communications to BLI, whether generated by BLI or from Tenantothers, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordenvironmental audits, to join and participate inenvironmental risk assessments, as a party if it so electssite assessments, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal documentation regarding off-site disposal of Hazardous Materials at Landlord’s sole cost Materials, spill control plans, and expensereports, correspondence, permits, licenses, approvals, consents and other authorizations related to environmental or health and safety matters issued by any governmental agency.

Hazardous Materials. Tenant’s use Notwithstanding anything contained herein to the contrary: Tenant covenants and agrees that it shall not cause, conduct, authorize, or knowingly allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or ​ ​ activities conducted thereon. For avoidance of doubt, nothing in this Section 28(a) shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. Tenant shall, at its own cost, comply and ensure that the Premises shall and all operations and activities conducted at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials LawsMaterials. Tenant shall, except at its own cost, obtain all Permits required under Environmental Laws for any items set forth on Exhibit “D”the operations and activities conducted at the Premises. If any Environmental Activities occur or are suspected warranted based on an environmental report relating to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by thereof), at Landlord’s reasonable request, Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onshall, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, establish and implement an operations and maintenance plan (including, without limitation, Landlord’s reasonable attorneys’ fees and costs“O&M Plan”) and with counsel chosen prepared by an environmental consulting firm reasonably approved by Landlord, to join ensure continued compliance with Environmental Laws and participate inthe proper management of asbestos-containing building materials (“ACM”) and other Hazardous Materials at the Premises. Landlord and Landlord’s Representatives, including such environmental consultants as Landlord may designate, shall have the right and upon reasonable prior notice, and subject to Section 15 hereof, to enter the Premises and/or conduct appropriate tests and non-invasive investigations, such as a party if it so electsPhase I site assessment for the purpose of ascertaining that Tenant complies with all applicable Environmental Laws that relate in any way to the Premises. If such Phase I site assessment concludes a “Recognized Environmental Condition” (as that term is defined in ASTM E-1527-21 “Standard Practice for Environmental Assessments”) exists or otherwise identifies findings indicative of confirmed or potential contamination or a Release, any legal proceedings on, at or actions initiated under the Premises or that a material risk to human health or the environment exists at the Premises, then Landlord, may conduct invasive tests or investigation, such as a Phase II Environmental Site Assessment to investigate as applicable. If the presence, Release, threat of Release, presence or placement on, in connection with or around the Premises, or the generation, transportation, storage, use, treatment, or disposal at or around the Premises of any Hazardous Materials Claims. Material by Tenant, Tenant’s Representatives, or by any third party other than Landlord represents and warrants to Tenant thator Landlord’s Representatives: (i) gives rise to Landlord’s knowledgeany liability or obligation to the owner or operator of the Premises (including, there are but not pending claims limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause any adverse effect ​ ​ on public health or occupational safety and health, (iii) pollutes or threatens to pollute the environment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly take any and all remedial and removal actions to the extent required by Environmental Laws or otherwise necessary to clean up the Premises to comply with all environmental standards applicable to the Premises using the least restrictive cleanup standards permissible under Environmental Laws, which may include the establishment or implementation of institutional controls and/or engineering controls given its use at the time of the remediation and mitigate exposure to liability arising from the Hazardous Material. Tenant shall promptly notify Landlord upon Tenant becoming aware of: (i) any actual or alleged violations of Environmental Laws relating to the Premises, (ii) any enforcement action, investigation, cleanup, notice of violation, or other regulatory action arising out taken or threatened against Tenant or otherwise related to the Premises by any governmental authority under Environmental Laws or relating to any Hazardous Materials in connection with the Facility Premises, (iii) any demands or the Premises as claims made or threatened by any governmental authority or other person against Tenant or Landlord or otherwise relating to any actual or alleged violation of the Commencement Date; and or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws, (iiiv) to Landlord’s knowledge, no Environmental Activities any Release of Hazardous Materials in violation of Environmental Laws, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Premises or any other location that may affect the Premises, and (v) except in connection with routine operational matters conducted in compliance with Environmental Laws, any matters where ▇▇▇▇▇▇ is required by Environmental Law to give a notice to any governmental authority respecting any Hazardous Materials Laws have occurred prior in, at, on, under or about the Premises, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the Commencement Date which have not been remedied in fullstatus and ▇▇▇▇▇▇’s actions to resolve such matters, and shall furnish Landlord with copies of all reports, site assessments, material communications with third parties, and such other documents and information as Landlord may reasonably request with respect thereto. Notwithstanding anything At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the contrary contained hereinuse and approximate quantity of each such material, in no event shall Tenant be responsible for conditions a copy of any Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the Premises in existence prior to same, and such other information as the Commencement Date, and, if Landlord may reasonably require or as may be required by lawEnvironmental Laws. Tenant shall indemnify, defend and hold Landlord hereby agrees and the Landlord Indemnified Parties harmless, without limitation to remedy any such actual or suspected problem through and in the removal of Hazardous Materials at Landlord’s sole cost and expense.manner specified in ​ ​