Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

Hazardous Materials. (a) Without limiting the generality of the provisions of Section 6.3, Tenant, at its sole cost and expense, shall comply with all statutes, ordinances, rules and regulations of governmental authorities relating to the storage, use, transportation, release and/or disposal on or about the Premises or the Project by Tenant, its employees, agents, contractors and invitees, of radioactive materials, hazardous waste, toxic or contaminated substances or similar materials, including, without limitation, any substances which are "hazardous substances" "hazardous waste" "hazardous materials" or "toxic substances" under applicable federal, state and local statutes, ordinances, rules or regulations (collectively, "Hazardous Materials"). Tenant shall not cause nor permitstore, nor allow any Tenant Party to cause use, transport, release or permit, dispose of any Hazardous Materials in, on, from or about the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Landlord's prior written consent shall not be required for Tenant's use on the Premises of substances and materials typically used in office environments, such as office and cleaning supplies in customary and reasonable amounts and used in strict compliance with all statutes, ordinance, rules and regulations of governmental authorities relating to Hazardous Materials. Tenant shall be brought uponsolely responsible for, storedand shall indemnify, manufactureddefend and hold Landlord and its officers, generateddirectors, blendedshareholders, handledpartners, recycledmembers, treatedagents, disposed employees, contractors, invitees, representatives, successors and assigns harmless from and against, any and all losses, costs, claims, damages, liabilities and causes of action (including attorneys' fees and consultants' fees and costs, and the costs of any investigation, monitoring and remediation) arising out of or used in connection with the storage, use, transportation, release or disposal of Hazardous Materials by Tenant, its employees, agents, contractors and invitees, including any claims for the clean-up or remediation of any such Hazardous Materials. Tenant shall provide to Landlord written notice of any communication received by Tenant from any governmental authority or other party alleging the existence of Hazardous Materials in, on, under or about the Premises, the Building, the Common Area Building or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the or any alleged violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on environmental laws with respect to the Premises, the Building or the Project. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence Without limiting any other provision of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancythis Lease, Tenant shall reimburse provide Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same with access to the satisfaction of Premises during all reasonable times in order to enable Landlord to conduct any inspection, monitoring, remediation, removal or repair related to the applicable agencies and Landlord, presence or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the alleged presence of Hazardous Materials onin, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance Building or the Project. Any such inspection, monitoring, remediation, removal or repair on Premises shall be conducted by Landlord in a manner calculated to minimize interference with Tenant's operations to the extent reasonably possible. (b) Landlord shall indemnify, defend and hold Tenant harmless from and against any and all losses, costs, claims, damages, liabilities and causes of action (including attorneys' fees and costs) arising out of or in connection with all Environmental Lawsany Hazardous Materials which first came to be located in, on or under the Project prior to the date of this Lease. Landlord hereby discloses to Tenant that certain asbestos-containing materials are located in the Building as described in that certain memorandum from ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ dated July 15, 1999, a copy of which has previously been delivered to Tenant. (c) The rights of Landlord under this Section 6.4 or otherwise contained in this Lease shall excuse be in addition to any other rights and remedies of Landlord against Tenant from Tenant’s obligation under any other document or instrument now or hereafter executed by ▇▇▇▇▇▇, or at law or in equity (including any right of indemnification pursuant hereto. Tenant’s obligations reimbursement or contribution pursuant to the foregoing indemnity shall survive the expiration Comprehensive Environmental Response. Compensation and Liability Act of 1980, 42 U.S.C. section 9601 ET SEQ., as heretofore or termination of this Leasehereafter amended from time to time).

Hazardous Materials. a. Tenant represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant’s use or occupancy of the Property (and that of its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant’s business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any permit the installation of Hazardous Materials to be brought uponin, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, over or under the Property or about a Release (hereinafter defined) of Hazardous Materials onto or from the PremisesProperty or suffer the presence of Hazardous Materials in, on, over or under the BuildingProperty; (iii) Tenant shall comply with, and insure compliance by Tenant’s agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Common Area Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant’s sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the ProjectProperty and Tenant shall conduct and complete all investigations, except for routine office studies, sampling and janitorial supplies in usual testing, and customary quantities storedall remedial soil removal, used and disposed of other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws. . b. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify hereby agrees to indemnify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimsliens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, causes of action, damagesobligations, penalties, fines, taxesinjuries, costs, liabilitiesexpenses (including without limitation, losses reasonable attorney and expenses arising at expert fees and expenses) and claims of any time during and every kind whatsoever paid, incurred, suffered by or after asserted against Landlord and/or the Term Property for, with respect to, or as a direct or indirect result of the following: (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (bi) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials onfor any reason, under Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesdeny such occurrences, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, the cost preparation of any required environmental studies, surveys or necessary repairreports. In the event Tenant fails to take such action, cleanup or detoxificationLandlord may take such action as Landlord deems necessary, and the preparation cost and implementation expenses of any closureall actions taken by Landlord, monitoring or other required plansincluding, whether such action is required or necessary prior without limitation, Landlord’s attorney’s fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to or following the termination of this Lease. Neither the written consent by Landlord to for the presence or release of Hazardous Materials at, within, or around the Property or for the violation of any Environmental Laws (i) which existed prior to the commencement of Tenant’s use or occupancy of the Property or (ii) which was not caused in whole or in part by Tenant or its agents, employees, officers, partners, contractors, or invitees. c. Landlord hereby agrees to indemnify Tenant and hold Tenant harmless from and against any and all liens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, obligations, penalties, injuries, costs, expenses (including without limitation, reasonable attorney and expert fees and expenses) and claims of any and every kind whatsoever paid, incurred, suffered by or asserted against Tenant and/or the Property for, with respect to, or as a direct or indirect result of the following: (i) the presence in, on, under over or about under, or the Premisesescape, nor seepage, leakage, spillage, discharge, emission or release on or from the strict compliance Property of any Hazardous Materials prior to the Commencement Date or (ii) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release of Hazardous Materials in connection with the use of the Property by Tenant Landlord or the employees, agents, tenants, licensees, or invitees of Landlord in connection with all the use of the Stadium Property and the easement set forth in Exhibit C hereof. d. For the purposes of this Agreement Lease: (i) “Hazardous Material” or “Hazardous Materials” means and includes petroleum products, flammable explosives, radioactive materials, asbestos or any material containing asbestos, polychlorinated biphenyls, and/or any hazardous, toxic or dangerous waste, substance or material defined as such or defined as a Hazardous Substance or any similar term, by, in, or for the purposes of the Environmental Laws, including, without limitation section 101(14) of CERCLA (hereinafter defined); (ii) “Release” shall excuse have the meaning given such term, or any similar term, in the Environmental Laws, including, without limitation, Section 101(22) of CERCLA; and (iii) “Environmental Law” or “Environmental Laws” shall mean any “Super Fund” or “Super Lien” law, 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 Materials as may now or at any time hereafter be in effect, including, without limitation, the following, as same may be amended or replaced from time to time, and all regulations promulgated thereunder or in connection therewith: the Super Fund Amendments and Reauthorization Act of 1986 (“▇▇▇▇”); The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (“CERCLA”); The Clean Air Act (“CAA”); the Clean Water Act (“CWA”); The Toxic Substances Control Act (“TSCA”); The Solid Waste Disposal Act (“SWDA”), as amended by the Resource Conservation and Recovery Act (“RCRA”); the Hazardous Waste Management System; and the Occupational Safety and Health Act of 1970 (“OSHA”). The obligations and liabilities of Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity and Landlord under this Paragraph shall survive this Lease and any eviction of, or abandonment by, the expiration or termination of this LeaseTenant.

Hazardous Materials. Tenant (a) Lessee shall not cause nor permitallow, nor allow any Tenant Party to cause or permitpermit any Hazardous Materials (as defined below) to be generated, maintained, processed, produced, manufactured, used, treated, release, transported, stored, but not including materials existing in or about the Leased Premises prior to the Commencement Date, or disposed of in or about the Leased Premises by Lessee or its officers, directors, employees, agents, invitees or sublessees, other than those Hazardous Materials usually and customarily used for the Permitted Use, as long as such materials are lawfully stored and used by Lessee and the quantity of such materials does not equal or exceed a “reportable quantity” as defined in 40 CFR § 302, and as may be amended, and so long as such Hazardous Materials are generated, maintained, processed, produced, manufactured, used, treated, released, stored or remediated or disposed of in compliance with all Laws applicable thereto. In no event shall Lessee cause the deposit, release, or discharge of any Hazardous Materials to be brought uponthe air, stored, manufactured, generated, blended, handled, recycled, treated, disposed soil or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing groundwater of the Leased Premises in violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted applicable Law. (b) Notwithstanding Section 9.01(a) above, on the Premises. Landlord Lessee shall have the right to enter upon continue to lawfully use and inspect store certain Hazardous Materials as a “Large Quantity Generator” (collectively, “Permitted Excess”) directly related to the provision of medical services within the Leased Premises (collectively, “Permitted Excess Use”); provided, however, Lessee shall at all times fully comply with all applicable Laws and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for provisions set forth in this Lease. (c) In the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to event any Hazardous Materials are in any manner generated, maintained, processed, produced, manufactured, used, treated, released, transported, stored, remediated or disposed of in or about Leased Premises, Lessee shall: (i) fully comply with all applicable Laws; provided, however, to the environmentextent any provisions of federal, including surface waterstate, groundwaterlocal, drinking water supplyand other Laws conflict or provide inconsistent standards with respect to Hazardous Materials, land, surface or subsurface strata or Lessee shall comply with the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the strictest of such Laws in each such event of any such environmental conditiona conflict or inconsistency; and (ii) apply for and maintain all required licenses, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entitiesapprovals, and each other authorizations (including, without limitation, obtaining and maintaining for any Permitted Excess a Hazardous Waste Generator Identification Number from the U.S. Environmental Protection Agency or any successor thereto); and (iii) accurately ▇▇▇▇ and label all Hazardous Materials in or about the Leased Premises in accordance with applicable Laws; and (iv) maintain at all times an accurate inventory of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence Permitted Excess of Hazardous Materials on, under in or about the Leased Premises (including, without limitation, the quantities all such Permitted Excess as well as the length of time such Permitted Excess is stored in or about the Leased Premises; and (v) maintain, update, keep, and preserve all other property information and documentation with respect to Hazardous Materials as a result may be required by applicable Law and as may otherwise be requested by Lessor; and (directly or indirectlyvi) cause all Hazardous Materials to be transported from the Leased Premises and disposed of Tenant’s and/or any Tenant Party’s activitiesonly by professional haulers authorized to handle and transport Hazardous Materials by the U.S. Department of Transportation (“DOT”), or failure to actall in accordance with applicable Laws; and (vii) maintain, in connection with the Premises. This indemnity update, keep, and preserve all material safety data sheets, record keeping, reporting, and other tracking systems for Hazardous Materials (which shall include, without limitation, such records and manifests related to the cost transportation and disposal of any required or necessary repairHazardous Materials); and (viii) provide appropriate training and updated training of personnel with respect to Hazardous Materials; and (ix) devise, cleanup or detoxificationupdate, and maintain at all times a contingency plan for emergencies related in any way to Hazardous Materials which may be located in or about the preparation Leased Premises; and (x) designate in accordance with applicable Laws and implementation have available at all times such personnel and resources to respond to any emergency associated with Hazardous Materials; and (xi) timely submit copies of all required reports, applications, inspections, renewals, updates, and other submittals to the appropriate authorities with copies simultaneously sent to Lessor and the Division; and (xii) not at any closuretime use, monitoring store, or handle any such Permitted Excess in quantities or for lengths of time exceeding those permitted by applicable Laws; and (xiii) not apply for, seek or in any manner utilize any exemptions with respect to Hazardous Materials under applicable Laws without first obtaining Lessor’s prior written consent, which consent shall not be withheld, conditioned or delayed; and (xiv) upon ceasing any Permitted Excess or Permitted Excess Use, comply with all closure provisions under applicable Laws and provide Lessor and the Division with copies of all reports and other required planssubmittals with respect to such closure as well as copies of the final closure documentation; and (xv) promptly respond to inquiries from Lessor or the Division, whether or any other state agency, and provide such action is required information and documentation with respect to Hazardous Materials in or necessary about (or suspected to be in or about) the Leased Premises. (d) Lessor shall have access to, and a right to perform inspections and tests of, the Leased Premises as it may desire to determine Lessee’s compliance with Laws and Lessee’s obligations under this Article IX. Access shall be granted to Lessor upon Lessor’s reasonable prior notice to Lessee and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Lessee’s operations. Lessee shall reimburse Lessor for the costs and expenses incurred by Lessor for any such inspections and tests, and such amounts shall be deemed Additional Rent payable in accordance with Section 2.02 above. From time to time (including, without limitation, upon the expiration or following the earlier termination of this Lease. Neither ), Lessor shall have the written consent by Landlord right, at its option and at Lessor’s sole cost and expense, to undertake an environmental assessment of the presence of Hazardous Materials on, under or about the Premises, nor the strict Leased Premises to determine Lessee’s compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. TenantLaws and Lessee’s obligations pursuant to the foregoing indemnity shall survive the expiration under this Article IX. Lessor and Lessee agree that Lessor's receipt of or termination satisfaction with any environmental assessment in no way waives any rights that Lessor holds against Lessee or affects any liabilities of Lessee under this LeaseLease in any manner.

Hazardous Materials. a. Tenant represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant's use or occupancy of the Property (and that of its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant's business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any permit the installation of Hazardous Materials to be brought uponin, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, over or under the Property or about a Release (hereinafter defined) of Hazardous Materials onto or from the PremisesProperty or suffer the presence of Hazardous Materials in, on, over or under the BuildingProperty; (iii) Tenant shall comply with, and insure compliance by Tenant's agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Common Area Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant's sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the ProjectProperty and Tenant shall conduct and complete all investigations, except for routine office studies, sampling and janitorial supplies in usual testing , and customary quantities storedall remedial soil removal, used and disposed of other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws. . b. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify hereby agrees to indemnify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimsliens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, causes of action, damagesobligations, penalties, fines, taxesinjuries, costs, liabilitiesexpenses (including without limitation, losses reasonable attorney and expenses arising at expert fees and expenses) and claims of any time during and every kind whatsoever paid, incurred, suffered by or after asserted against Landlord and/or the Term Property for, with respect to, or as a direct or indirect result of the following: (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (bi) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials onfor any reason, under Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesdeny such occurrences, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, the cost preparation of any required environmental studies, surveys or necessary repairreports. In the event Tenant fails to take such action, cleanup or detoxificationLandlord may take such action as Landlord deems necessary, and the preparation cost and implementation expenses of any closureall actions taken by Landlord, monitoring or other required plansincluding, whether such action is required or necessary prior without limitation, Landlord's attorney's fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to or following the termination of this Lease. Neither the written consent by Landlord to for the presence or release of Hazardous Materials onat, under within , or about the Premises, nor line around the strict compliance Property or for the violation of any Environmental Laws (i) which existed prior to the commencement of Tenant's use or occupancy of the Property or (ii) which was not caused in whole or in part by Tenant with all Environmental Lawsor its agents, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration employees, officers, partners, contractors, or termination of this Leaseinvitees.

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring or allow to be brought to, in or on the Leased Premises any Hazardous Materials (as hereinafter defined), and it will not cause nor permit, nor allow any Tenant Party or permit to cause or permit, be caused any Hazardous Materials to be brought uponplaced, storedheld, manufacturedlocated, generatedused, blendedprocessed, handled, recycled, treated, stored or disposed or used of on, under or about at the Leased Premises, and that its business and assets will at all times during the BuildingTerm of this Lease operate and be maintained in compliance with applicable laws, regulations and standards, criteria, policies and guidelines (in each case, to the Common Area extent required by law) intended to protect and/or conserve the environment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”), including, without limitation, Laws respecting the control, handling, management, labeling, reporting, notification, processing, storage, discharge, emission, spill, leakage or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence disposal of any Hazardous Materials; and that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, other or those duly authorized by the Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of the Leased Premises, including, without limitation, the right to conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this Section of this Lease (an “Environmental Audit”), upon reasonable notice to the Tenant of not less than office three (3) business days, and janitorial supplies further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Leased Premises. (c) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as permitted aboveare required pursuant to Sub-Section (c) immediately preceding within the aforesaid ten (10) day period, on or such shorter period of time if the Premises. Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon and inspect the Leased Premises and to conduct testscarry out such procedures as are, monitoring and investigations. If such tests indicate in the presence reasonable opinion of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancythe Landlord, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps legally necessary to rectify the same correct any damage which may have been caused to the satisfaction Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the applicable agencies Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to the Landlord on d In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any shortfall within thirty Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (3010) days after within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant and any adjoining lands, and to forestall any damage to the Leased Premises and adjoining lands which in the reasonable opinion of the Landlord bills may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant therefore shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to Sub-Section (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall within thirty (30) days refund have the right to enter upon the Leased Premises and carry out such procedures as are, in the reasonable opinion of the Landlord, legally necessary to correct any damage which may have been caused to the Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and the Tenant any excess depositshall pay to the Landlord on demand, as Additional Rent, all costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with the case may beorders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible under this Lease, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall indemnify, protect, defend forthwith notify the Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. (by counsel acceptable to Landlordg) and hold harmless The Tenant hereby indemnifies the Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) agrees to hold it harmless from and against any and all claimslosses, judgmentsliabilities, causes of actionrequirements, directions, orders damages, penalties, fines, taxes, costs, liabilities, losses expenses and expenses arising claims of any and every kind whatsoever which at any time during or after from time to time may be asserted against or issued to the Term Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result (directly of the presence, release, discharge, emission, spill, handling, containment or indirectly) disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or in connection with (a) Tenant and/or into, in, through or on any Tenant Party’s breach of this Article 51 land, air, water or (b) wet land, where the source or the presence of the Hazardous Materials onis from, under relates to, or about arises from the Tenant’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and those for whom the Tenant is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or other property in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, caused by or arising from such use, occupation or operations); (h) The Landlord hereby indemnifies the Tenant and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from time to time may be asserted against or issued to the Tenant, or paid, incurred or suffered by the Tenant, with respect to, arising from or as a result (directly of the presence, release, discharge, emission, spill, handling, containment or indirectly) disposal of TenantHazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from any condition of the Leased Premises existing as of the Commencement Date, or any condition of the Leased Premises caused by the Landlord’s and/or any Tenant Party’s activitiesits employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, prior tenants and those for whom the Landlord is at law or failure otherwise responsible or liable, use, occupation or operations at or related to act, in connection with the Premises. This indemnity shall includeLeased Premises (including, without limitation: (i) the costs of responding to, the cost defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any required action, application, order, direction or necessary repairmatter caused by or arising from such use, cleanup occupation or detoxificationoperations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Tenant with or without the consent of the Landlord, caused by or arising from such use, occupation or operations); (i) The provisions of this Section, and the preparation undertakings and implementation of any closureindemnifications set out in this Section, monitoring or other required plans, whether such action is required or necessary prior to or following shall survive the termination of this Lease. Neither Lease by reason of effluxion of time or otherwise. (j) For purposes of this Section, “Hazardous Materials” means any contaminant, pollutant, chemical, substance, material product and/or thing that when placed, released, emitted or discharged to, on, into, through or from the written consent by Landlord natural environment, structure or building may then cause or result in, or at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to the presence natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials onat the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, under charges, orders, prosecutions, claims or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation notices of indemnification pursuant hereto. Tenant’s obligations pursuant violation against or issued to the foregoing indemnity shall survive Landlord and/or its current tenant in respect of or related to the expiration or termination of this LeaseLeased Premises.

Hazardous Materials. Neither Tenant nor Tenant's agents or employees shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials Material, as hereinafter defined, to be brought upon, stored, manufacturedused, generated, blendedreleased into the environment, handled, recycled, treated, or disposed or used of on, under in, under, or about the PremisesProperty, 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 and with good business practices. Tenant covenants to remove from the Property (or the Building, if applicable), upon the Common Area expiration or the Projectsooner termination of this Lease and at Tenant's sole cost and expense, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and LandlordHazardous Materials brought upon, stored, used, generated, or shallreleased into the environment during the term of this Lease. To the fullest extent permitted by law, at Landlord’s election▇▇▇▇▇▇ hereby agrees to indemnify, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnifydefend, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, ▇▇▇▇▇▇▇▇'s managing agent, and each of their respective members, managers, partners, directors, officers, agents and employees, shareholders, lenders, agents, contractors, along with the and their respective successors and assigns of the foregoingassigns, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, and losses and expenses arising at any time that arise during or after the Term as a result (term directly or indirectly) of indirectly from the use, storage, disposal, release or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under in, or about the Premises Property that occurs during the term of this Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, on, or about the Property that Tenant or Tenant's agents or employees become aware of during the Term of this Lease, whether caused by Tenant, Tenant's agents or employees, or any other property persons or entities. As used herein, the term “Hazardous 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 Material” includes, without limitation, any material or substance that is (i) defined as a result (directly “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “hazardous substance,” “hazardous material,” or indirectly) of Tenant’s and/or “waste” under any Tenant Party’s activitiesfederal, state, or failure to actlocal law, in connection with the Premises(ii) petroleum, and (iii) asbestos. This indemnity shall includeThe provisions of this Section 20, including, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Lawsindemnification provisions set forth herein, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or any termination of this Lease.

Hazardous Materials. Tenant Subject to the remaining provisions of this ------------------- paragraph, Lessee shall not cause nor permit, nor allow any Tenant Party be entitled to cause or permit, any use and store only those Hazardous Materials to be brought upon(defined below), storedthat are necessary for Lessee's business, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office provided that such usage and janitorial supplies storage is in usual and customary quantities stored, used and disposed of in accordance full compliance with all applicable Environmental Lawslocal, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to enter upon and (i) inspect the Premises Premises, (ii) conduct tests and investigations to conduct testsdetermine whether Lessee is in compliance with the provisions of this paragraph, monitoring and investigations. If such tests indicate (iii) request lists of all Hazardous Materials used, stored or located on the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for Premises; the cost of conducting all such testsinspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. The phrase “environmental condition” Lessee shall mean give to Lessor immediate verbal and follow-up written notice of any adverse condition relating to any spills, releases or discharges of Hazardous Materials on the Premises, or the environment, including surface water, groundwater, drinking water supply, land, surface in any common areas or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction parking lots (if not considered part of the applicable agencies and LandlordPremises), caused by the acts or omissions of Lessee, or shallits agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Landlord’s electionLessee's cost and expense; such investigation, reimburse Landlordclean up and remediation to be performed after Lessee has obtained Lessor's written consent, upon demandwhich shall not be unreasonably withheld; provided, for the cost to Landlord of performing rectifying work. The reimbursement however, that Lessee shall be paid entitled to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay respond immediately to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may bean emergency without first obtaining Lessor's written consent. Tenant Lessee shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Lessor harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses arising at any time during actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or after remediate a release, spill or discharge of Hazardous Materials on the Term Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other property as a result (directly or indirectly) than Lessee of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the PremisesBuilding and Park. This indemnity by Lessor shall includenot include any costs of defense of Lessee, without limitationany third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the cost final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasesaid matter.

Hazardous Materials. Tenant shall not cause nor permitENVIRONMENTAL MATTERS 39. 01. As used herein, nor allow "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 any Tenant Party to cause oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials or permitwaste, 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 regarding Hazardous Materials introduced in or about the Building by or at the direction of Tenant or in connection with Tenant's use of the Premises ("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 be brought uponTenant's Hazardous Materials within, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies Building in usual and customary quantities stored, used and disposed of in accordance conformity with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Hazardous Materials Laws and promptly notify prudent industry practices regarding management of such Hazardous Materials. Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in writing normal quantities that are applicable to general office use and that such use by Tenant shall not be deemed a violation of this Section, so long as the levels are not in violation of any Environmental Law Hazardous Materials Laws. Upon termination or presence expiration of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence term of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancythis Lease, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s electionits own expense, reimburse Landlordcause all of Tenant's Hazardous Materials to be removed from the Demised Premises and the Building and transported for use, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord storage or disposal in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; accordance and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may bein compliance with all applicable Hazardous Materials Laws. Tenant shall indemnify, protect, defend (by counsel reasonably acceptable to Landlord) ), and hold harmless Landlord and Landlord’s affiliated entities's employees, and each of their respective membersagents, managersprincipals, partners, directors, officers, employees, shareholders, lendersmembers, agentsattorneys, contractorsaccountants, along with the successors professionals and assigns of the foregoingother representatives, (individually free and collectively, “Indemnitees”) harmless from and against any and all claims, judgments, causes of action, damagesliabilities, penalties, fines, taxes, costs, liabilitiesforfeitures, 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 at any time during from or after the Term as a result (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 Laws regarding Tenant's Hazardous Materials or in connection with (a) Tenant and/or any Tenant Party’s breach removal, remediation, clean up, restoration and materials required hereunder to return the Demised Premises and any other property of this Article 51 or (b) whatever nature to their condition existing prior to the appearance of Tenant's Hazardous Materials. Landlord shall have the right from time to time, upon reasonable prior written notice, to enter in and 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 about disposal of Hazardous Materials has occurred in the Premises or other property as a result (directly or indirectly) of Tenant’s Building and/or any Tenant Party’s activitiesin, on, or failure 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 of the date hereof. Landlord agrees to actindemnify, defend and hold Tenant and its officers, partners, directors, shareholders, Affiliates, employees and agents harmless from any claims, judgments, damages, fines, penalties, costs (including reasonable attorney, consultant and expert fees), liabilities (including sums paid in settlement of claims) or loss which arise during or after the Lease term or any thereof, in connection with the Premisespresence 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. This indemnity Without limiting the generality of the foregoing, this indemnification shall include, without limitation, survive the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination expiration of this Lease. Neither the written consent Lease and does specifically cover costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by Landlord to any federal, state or local governmental agency or political subdivision because of the presence of Hazardous Materials onin 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 about employees. Without limiting the Premisesgenerality of the foregoing, nor this indemnification shall also specifically cover costs in connection with: 1. Hazardous Materials present or suspected to be present in the strict compliance 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 Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration any person or termination of this Leaseentity.

Hazardous Materials. Tenant Sublessee shall not cause cause, direct, suffer or permit Sublessee or any of its agents, contractors, employees, licensees or invitees, to use, handle, manufacture, store or dispose of in or about the Premises or the Chelsea Piers (i) any substance subject to regulation by or under any federal, state or local laws or ordinances relating to the protection of the environment or the storage, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant thereto (collectively “Environmental Laws”) or ( ii) any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives ((i) and (ii) collectively “Hazardous Materials”); nor permit, nor allow any Tenant Party to cause shall Sublessee suffer or permit, permit any Hazardous Materials to be brought uponused in any manner other than in compliance with Environmental Laws. Notwithstanding the foregoing, storedand subject to Sublessor’s prior consent, manufacturedSublessee may handle, generatedstore, blendeduse or dispose of products containing small quantities of Hazardous Materials (such as toner for copiers, handledpaints, recycledpaint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; provided that Sublessee shall always handle, treatedstore, disposed or used onuse, under or about and dispose of such Hazardous Materials in a safe and lawful manner and shall prevent such Hazardous Materials from contaminating the Premises, the Building, the Common Area Chelsea Piers and/or appurtenant land or the Projectenvironment (the foregoing being “Sublessee’s Environmental Covenant”). Sublessee shall indemnify and hold each and all of Sublessor, except for routine office Sublessor’s manager, officers, directors, agents, affiliates, contractors and janitorial supplies in usual employees harmless from and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take against any and all steps necessary to rectify the same to the satisfaction loss, claims, liability or costs (including court costs and attorney’s fees) incurred by reason of the applicable agencies and Landlord, any breach by Sublessee or shall, at Landlordany of Sublessee’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns agents or contractors of Sublessee’s Environmental Covenant. Notwithstanding the foregoing, (individually a) in no event shall Sublessee have any liability hereunder on account of Hazardous Materials that were present in the Premises or the Building prior to the date of this Lease, and collectively, “Indemnitees”(b) Sublessor shall indemnify and hold harmless Sublessee from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costslawsuits, liabilities, losses losses, damages and expenses (including without limitation cleanup costs and reasonable attorney’s fees) arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials onin, on or under or about the Premises or other property the Building unless present as a result (directly of the acts of Sublessee or indirectly) its contractors, agents, employees or invitees. Sublessor’s warrants that Sublessor has no actual knowledge of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost existence of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this LeaseMaterials.

Hazardous Materials. a. Tenant represents, warrants and agrees that: (i) the Property shall be kept free of Hazardous Materials (as defined herein), arising from Tenant’s use or occupancy of the Property (and that of its agents, employees, contractors, and invitees) except for small amount of Hazardous Materials such as copy toner and cleaning supplies used in the ordinary course of Tenant’s business and office use and at all times subject to any applicable Environmental Laws, and shall not be used to generate, manufacture, refine, transport, treat, store, handle, dispose of, produce or process Hazardous Materials; (ii) Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any permit the installation of Hazardous Materials to be brought uponin, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, over or under the Property or about a Release (hereinafter defined) of Hazardous Materials onto or from the PremisesProperty or suffer the presence of Hazardous Materials in, on, over or under the BuildingProperty; (iii) Tenant shall comply with, and insure compliance by Tenant’s agents, employees, contractors, and invitees with, all applicable Environmental Laws (as hereinafter defined) relating to or affecting the Common Area Property, and Tenant shall keep the Property free and clear of any liens imposed pursuant to any applicable Environmental Laws, all at Tenant’s sole cost and expense; (iv) Tenant shall immediately give Landlord oral and written notice in the event that Tenant receives any notice from any governmental agency, entity, or any other party with regard to Hazardous Materials on, from or affecting the ProjectProperty and Tenant shall conduct and complete all investigations, except for routine office studies, sampling and janitorial supplies in usual testing, and customary quantities storedall remedial soil removal, used and disposed of other actions necessary to clean up and remove all Hazardous Materials on, from or affecting the Property in accordance with all applicable Environmental Laws. . b. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify hereby agrees to indemnify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimsliens, demands, actions, suits, proceedings, disbursements, liabilities, losses, litigation, damages, judgments, causes of action, damagesobligations, penalties, fines, taxesinjuries, costs, liabilitiesexpenses (including without limitation, losses reasonable attorney and expenses arising at expert fees and expenses) and claims of any time during and every kind whatsoever paid, incurred, suffered by or after asserted against Landlord and/or the Term Property for, with respect to, or as a direct or indirect result of the following: (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (bi) the presence in, on, over or under, or the escape, seepage, leakage, spillage, discharge, emission or release on or from, the Property of any Hazardous Materials if caused by or within the control of the Tenant; (ii) the failure by Tenant to comply fully with the terms and provisions of this paragraph. In the event Landlord suspects Tenant has violated any of the covenants, warranties or representations contained in this paragraph, or that the Property is not in compliance with the Environmental Laws for any reason, or that the premises are not free of Hazardous Materials onfor any reason, under Tenant shall take such steps as Landlord requires by written notice to Tenant in order to confirm or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesdeny such occurrences, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, the cost preparation of any required environmental studies, surveys or necessary repairreports. In the event Tenant fails to take such action, cleanup or detoxificationLandlord may take such action as Landlord deems necessary, and the preparation cost and implementation expenses of any closureall actions taken by Landlord, monitoring or other required plansincluding, whether such action is required or necessary prior without limitation, Landlord’s attorney’s fees, shall be added as Additional Rent. Notwithstanding the foregoing, in no event shall Tenant be responsible to or following the termination of this Lease. Neither the written consent by Landlord to for the presence or release of Hazardous Materials onat, under within, or about the Premises, nor line around the strict compliance Property or for the violation of any Environmental Laws (i) which existed prior to the commencement of Tenant’s use or occupancy of the Property or (ii) which was not caused in whole or in part by Tenant with all Environmental Lawsor its agents, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration employees, officers, partners, contractors, or termination of this Leaseinvitees.

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring or allow to be brought to, in or on the Leased Premises any Hazardous Materials (as hereinafter defined), and it will not cause nor permit, nor allow any Tenant Party or permit to cause or permit, be caused any Hazardous Materials to be brought uponplaced, storedheld, manufacturedlocated, generatedused, blendedprocessed, handled, recycled, treated, stored or disposed or used of on, under or about at the Leased Premises, and that its business and assets will at all times during the BuildingTerm of this Lease operate and be maintained in compliance with applicable laws, regulations and standards, criteria, policies and guidelines (in each case, to the Common Area extent required by law) intended to protect and/or conserve the environment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”), including, without limitation, Laws respecting the control, handling, management, labeling, reporting, notification, processing, storage, discharge, emission, spill, leakage or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence disposal of any Hazardous Materials; and that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, other or those duly authorized by the Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of the Leased Premises, including, without limitation, the right to conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this paragraph of this Lease (an “Environmental Audit”), upon reasonable notice to the Tenant of not less than office three (3) business days, and janitorial supplies further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Leased Premises. (c) In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (10) days within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as permitted aboveare, on in the Premises. reasonable opinion of the Landlord, necessary to correct any damage which may have been caused to the Leased Premises by the Tenant and any adjoining lands, and to forestall any damage to the Leased Premises and adjoining lands which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to sub-paragraph (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon and inspect the Leased Premises and to conduct testscarry out such procedures as are, monitoring and investigations. If such tests indicate in the presence reasonable opinion of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancythe Landlord, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps legally necessary to rectify the same correct any damage wFhich may have been caused to the satisfaction Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the applicable agencies Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to the Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess depositon demand, as Additional Rent, all costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with the case may beorders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible under this Lease, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall indemnify, protect, defend forthwith notify that Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. (by counsel acceptable to Landlordg) and hold harmless The Tenant hereby indemnifies the Landlord and Landlord’s affiliated entities, agrees to hold it harmless from an The Tenant hereby indemnifies the Landlord and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) agrees to hold it harmless from and against any and all claimslosses, judgmentsliabilities, causes of actionrequirements, directions, orders damages, penalties, fines, taxes, costs, liabilities, losses expenses and expenses arising claims of any and every kind whatsoever which at any time during or after from time to time may be asserted against or issued to the Term Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result (directly of the presence, release, discharge, emission, spill, handling, containment or indirectly) disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or in connection with (a) Tenant and/or into, in, through or on any Tenant Party’s breach of this Article 51 land, air, water or (b) wet land, where the source or the presence of the Hazardous Materials onis from, under relates to, or about arises from the Tenant’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and those for whom the Tenant is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or other property in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, caused by or arising from such use, occupation or operations); (h) The Landlord hereby indemnifies the Tenant and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from time to time may be asserted against or issued to the Tenant, or paid, incurred or suffered by the Tenant, with respect to, arising from or as a result (directly of the presence, release, discharge, emission, spill, handling, containment or indirectly) disposal of TenantHazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from any condition of the Leased Premises existing as of the Commencement Date, or any condition of the Leased Premises caused by the Landlord’s and/or any Tenant Party’s activitiesits employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, prior tenants and those for whom the Landlord is at law or failure otherwise responsible or liable, use, occupation or operations at or related to act, in connection with the Premises. This indemnity shall includeLeased Premises (including, without limitation: (i) the costs of responding to, the cost defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any required action, application, order, direction or necessary repairmatter caused by or arising from such use, cleanup occupation or detoxificationoperations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Tenant with or without the consent of the Landlord, caused by or arising from such use, occupation or operations); (i) The provisions of this paragraph, and the preparation undertakings and implementation of any closureindemnifications set out in this paragraph, monitoring or other required plans, whether such action is required or necessary prior to or following shall survive the termination of this Lease. Neither Lease by reason of effluxion of time or otherwise. (j) For purposes of this paragraph, “Hazardous Materials” means any contaminant, pollutant, chemical, substance, material product and/or thing that when placed, released, emitted or discharged to, on, into, through or from the written consent by Landlord natural environment, structure or building may then cause or result in, or at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to the presence natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials onat the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, under charges, orders, prosecutions, claims or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation notices of indemnification pursuant hereto. Tenant’s obligations pursuant violation against or issued to the foregoing indemnity shall survive Landlord and/or its current tenant in respect of or related to the expiration or termination of this LeaseLeased Premises.

Hazardous Materials. (a) Tenant shall not cause nor permitmay use chemicals such as adhesives, nor allow any Tenant Party lubricants, ink, solvents and cleaning fluids of the kind and in amounts and in the manner customarily found and used in business offices in order to cause or permit, any Hazardous Materials conduct its business at the Premises and to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about maintain and operate the business machines located in the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance provided Tenant complies with all applicable Environmental Laws. Tenant shall not use, store, handle, treat, transport, release or dispose of any other Hazardous Materials on or about the Premises or the Property without Landlord’s prior written consent, which Landlord may withhold or condition in Landlord’s sole discretion. (b) Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Tenant in or about the Premises or the Property and Tenant’s Parties use of the Premises shall comply with all applicable Environmental Laws and promptly notify Landlord Laws. Tenant shall, within ten (10) Business Days of Landlord’s written request therefor, disclose in writing all Hazardous Materials that are being used by Tenant in the Premises, the nature of such use and the violation manner of storage and disposal. Without Landlord’s prior written consent, Tenant shall not conduct any Environmental Law sampling or presence investigation of any Hazardous Materials, other than office and janitorial supplies as permitted above, soil or groundwater on the Premises. Landlord shall have the right Property to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate determine the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty constituents therein. (30c) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by upon demand with counsel reasonably acceptable to Landlord) , and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against against, any and all liabilities, losses claims, judgmentsdamages, causes of action, damagesinterest, penalties, fines, taxesattorneys’ fees, experts’ fees, court costs, liabilitiesremediation costs, losses and other expenses arising at any time during which, result from the use, storage, handling, treatment, transportation, release, threat of release or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence disposal of Hazardous Materials on, under in or about the Premises or other property as a result (directly the Property by Tenant or indirectly) of Tenant’s and/or any Tenant Party’s activitiesagents, employees, contractors or failure to act, in connection with the Premisesinvitees. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination The provisions of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity paragraph (c) shall survive the expiration or earlier termination of this Lease. (d) Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received by Tenant from any governmental authority concerning Hazardous Materials which relates to the Premises or the Property, and (ii) any Environmental Condition of which Tenant is aware.

Hazardous Materials. Tenant (a) Except for those materials that are necessary in the normal course of Tenant's business activities associated with the Permitted Use, Tenant, its agents, employees, contractors or invites shall not cause nor permit, nor allow any Tenant Party to (i) cause or permit, permit any Hazardous Materials (hereinafter defined) to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, used or disposed or used on, under in or about the Premises, Premises and/or the Building, or (ii) permit the Common Area release, discharge, spill or emission of any substance considered to be a Hazardous Material from the ProjectPremises. (b) Any Hazardous Materials permitted by SUBPARAGRAPH (A), except for routine office all containers therefor, and janitorial supplies in usual and customary quantities storedall materials that have been contaminated by Hazardous Materials shall be used, used kept, stored and disposed of by Tenant in accordance a manner that shall in all respects comply with all applicable Environmental Laws. federal, state and local laws, ordinances, regulations and standards. (c) Tenant hereby agrees that it is and Tenant’s Parties shall comply with be fully responsible for all Environmental Laws and promptly notify costs, expenses, damages or liabilities (including, but not limited to those incurred by Landlord in writing and/or its mortgagee) which may occur from the use, storage, disposal, release, spill, discharge or emissions of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated Materials by Tenant whether or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify not the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall may be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work permitted by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may bethis Lease. Tenant shall indemnifydefend, protect, defend (by counsel acceptable to Landlord) indemnify and hold harmless Landlord Landlord, its mortgagee and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) its agents from and against any and all claims, judgmentsdemands, causes of actionadministrative orders, damagesjudicial orders, penalties, fines, taxes, costs, liabilities, losses settlements, damages, costs or expenses (including, without limitation, reasonable attorney and expenses consultant fees, court costs and litigation expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with (a) Tenant and/or any Tenant Party’s breach way related to the use, storage, disposal, release, discharge, spill or emission of any Hazardous Material by Tenant, its agents, employees, contractors or invites. The provisions of this Article 51 Section shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the transactions contemplated herein or any termination of this Lease. (bd) As used in this Lease, the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity term "HAZARDOUS MATERIALS" shall include, without limitation: (i) Those substances included within the definitions of "hazardous substances", "hazardous materials," toxic substances," or "solid waste" in the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 ET SEQ.) ("CERCLA"), as amended by Superfund Amendments and Reauthorization Act of 1986 ("▇▇▇▇"), the cost Resource Conservation and Recovery Act of any required or necessary repair, cleanup or detoxification1976 ("RCRA"), and the preparation Hazardous Materials Transportation Act, and implementation in the regulations promulgated pursuant to said laws, all as amended; (ii) Those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency (of any closuresuccessor agency) as hazardous substances (40 CFR Part 302 and amendments thereto); (iii) Any material, monitoring waste or other required planssubstance which is (A) petroleum, whether such action is required (B) asbestos, (C) polychlorinated biphenyls, (D) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 ET SEQ. (33 U.S.C. Section 321) or necessary prior listed pursuant to Section of the Clean Water Act (33 U.S.C. Section 1317); (E) flammableT explosives; or (F) radioactive materials; (iv) Those substances regulated pursuant to or following identified in the termination of this Lease. Neither the written consent by Landlord to the presence Virginia Pesticide Law; Air Pollution Control Board; Virginia Waste Management Act; Environmental Health Service; Transportation of Hazardous Radioactive Materials; Virginia Hazardous Materials on, under or about Emergency Response Program; State Water Control Law; The Groundwater Act of 1973; and Miscellaneous Offenses; and in the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations regulations promulgated pursuant to said laws, all as amended; and (v) Such other substances, materials and wastes which are or become regulated as hazardous or toxic under applicable local, state or federal law, or the foregoing indemnity shall survive the expiration United States government, or termination of this Leasewhich are classified as hazardous or toxic under federal, state, or local laws or regulations.

Hazardous Materials. Tenant shall not cause or permit the release, discharge, or disposal nor permitthe presence, nor allow any Tenant Party to cause use, transportation, generation, or permit, storage of any Hazardous Materials to be brought upon(as hereafter defined) in, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under under, about, to, or about from the PremisesPremises by either Tenant, Tenant’s employees, agents, contractors, or invitees (collectively the Building, “Tenant”) other than the Common Area or use of such materials in de minimus quantities reasonably necessitated by the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsTenant’s regular business activities. Tenant further agrees and Tenant’s Parties shall covenants to Landlord, its agents, employees, affiliates and shareholders (collectively the “Landlord”) the following: (a) To comply with all Environmental Laws in effect, or may come into effect, applicable to the Tenant or Tenant’s use and promptly notify Landlord in writing occupancy of the violation Premises; (b) To immediately notify Landlord, in writing, of any existing, pending or threatened (i) investigation, inquiry, claim or action by any governmental authority in connection with any Environmental Law or presence Laws; (ii) third party claims; (iii) regulatory actions; and/or (iv) contamination of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by ; (c) Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at LandlordTenant’s electionexpense, reimburse Landlordinvestigate, upon demandmonitor, for remediate, and/or clean up any Hazardous Material or other environmental condition on, about, or under the cost to Landlord Premises required as a result of performing rectifying work. The reimbursement shall be paid to Landlord in advance of LandlordTenant’s performing such work, based upon Landlord’s reasonable estimate use or occupancy of the cost thereofPremises to the extent caused by Tenant; (d) To keep the Premises free of any lien imposed pursuant to any Environmental Laws due to Tenant’s breach of any of the foregoing provisions of this Article 34; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty and (30e) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall To indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entitiesdefend, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) save Landlord harmless from and against any and all claimsclaims (including personal injury, real, or personal property damage), actions, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during interest, or after the Term as a result (attorney’s fees that arise, directly or indirectly) , from Tenant’s violation of any Environmental Laws or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of any Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of due to Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost breach of any required or necessary repairof the foregoing provisions of this Article 34. The Tenant’s obligations, cleanup or detoxificationresponsibilities, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of liabilities under this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity Article shall survive the expiration or termination of this Lease.Lease Agreement. For purposes of this Article the following definitions apply:

Hazardous Materials. As used in this Lease, "Hazardous Materials" shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "toxic substances," or other similar designations in any Regulation. Tenant shall not cause nor permitcause, nor or allow any Tenant Party of Tenant's Parties to cause or permitcause, any Hazardous Materials to be brought uponhandled, used, generated, stored, manufacturedreleased or disposed of in, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord's written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for "general office purposes" (such as toner for copiers) to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsProject or surrounding land or environment. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials' contamination of any portion of the Project of which Tenant becomes aware, other than office and janitorial supplies as permitted above, on the Premiseswhether or not caused by Tenant. Landlord shall have the right at all reasonable times to enter upon and inspect the Premises and to conduct testssuch reasonable tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, monitoring the costs of all such inspections, tests and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated investigations to be borne by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel reasonably acceptable to Landlord) ), protect and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgmentsliabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including reasonable attorneys' and consultants' fees and court costs), demands, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (judgments directly or indirectly) indirectly arising out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 related to the use, generation, storage, release, or (b) the presence disposal of Hazardous Materials by Tenant or any of Tenant's Parties in, on, under or about the Premises Premises, the Building or other property as a result (directly the Project or indirectly) of Tenant’s and/or any Tenant Party’s activitiessurrounding land or environment, or failure to act, in connection with the Premises. This which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any required or necessary investigation, monitoring, government oversight, repair, cleanup or detoxificationremoval, remediation, restoration, abatement, and disposal, and the preparation and implementation of any closure, monitoring closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the written consent by Landlord to the presence use, generation, storage, release or disposal of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s 's obligation of indemnification pursuant hereto. to this Paragraph 4.D. Tenant’s 's obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. (a) Tenant shall not cause nor permitbring or permit to remain on the Premises or the Project, nor or allow any of Tenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees, or subtenants, to bring or permit to remain on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation ("Hazardous Materials"), except for routine office (such as copier toner) and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. Further, Tenant Party may keep and utilize reasonable numbers of batteries at the Premises and a reasonable amount of rubbing alcohol (in one gallon containers), provided the same are handled, stored, utilized and disposed of in full compliance with all applicable environmental laws and regulations and MSDS sheets. Tenant shall not install or operate any underground storage tanks on or under the Premises or the Project. Tenant's violation of the foregoing prohibitions shall constitute a material breach and default hereunder and Tenant shall indemnify, protect, hold harmless and defend (by counsel acceptable to cause Landlord) Landlord, and its directors, officers, employees, shareholders, agents, contractors and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys' fees and court costs) caused by or permit, arising out of (i) a violation of the foregoing prohibition or (ii) the presence or release of any Hazardous Materials to be brought uponon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used onfrom, under or about the Premises, the BuildingProject or other properties as the direct or indirect result of Tenant's occupancy of the Premises. Tenant, at its sole cost and expense, shall clean up, remove, remediate and repair any soil or groundwater contamination or other damage or contamination in conformance with the Common Area requirements of applicable law caused by the presence or any release of any Hazardous Materials in, on, from, under or about the ProjectPremises during the term of this Lease. Neither the written consent of Landlord to the presence of the Hazardous Materials, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance nor Tenant's compliance with all laws applicable Environmental Lawsto such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify immediately give Landlord in writing written notice (i) of any suspected breach of this section, (ii) upon learning of the violation of presence or any Environmental Law or presence release of any Hazardous Materials, or (iii) upon receiving any notices from governmental agencies or other than office and janitorial supplies as permitted above, on parties pertaining to Hazardous Materials which may affect the Premises. Landlord shall have the right from time to time, but not the obligation, to enter upon and inspect the Premises and to conduct tests, monitoring such inspections and investigations. If undertake such tests indicate the presence of any environmental condition caused sampling and testing activities as Landlord deems necessary or exacerbated by desirable to determine whether Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsis in compliance with this provision. The phrase “environmental condition” obligations of Tenant hereunder shall mean any adverse condition relating to any Hazardous Materials survive the expiration or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demandearlier termination, for the cost to any reason, of this Lease. (b) Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) Tenant from and against any and all claims, damages, fines, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, liabilities losses and expenses attorneys' fees to the sole extent caused by Landlord and (i) arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence existence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about on the Premises, nor Building or Project; or (ii) relating to any clean-up or remediation of the strict compliance by Tenant with all Environmental LawsPremises, shall excuse Tenant from Tenant’s obligation Building or Project required under any applicable environmental laws or regulations. The obligations of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity Landlord under this SECTION 9.3(b) shall survive the expiration or termination earlier termination, for any reason, of this Lease.

Hazardous Materials. Except for hair care products typically used in a facial/spa business, to the extent such supplies or products are used in the ordinary course of business, in the manner for which they were designed, in accordance with applicable laws, and in such amounts as may be typical for the type and scale of facial/spa operations to be conducted by Tenant in the Premises, Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials to be generated, produced, brought upon, used, stored, manufacturedtreated or disposed of in or about the Premises or the Property by ▇▇▇▇▇▇, generated▇▇▇▇▇▇’s subtenants and/or assignees and their respective agents, blendedemployees, handledcontractors, recycledsub-lessees or invitees (collectively, treatedthe “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, disposed or used in the event Hazardous Materials are otherwise caused to be located in, on, under or about the PremisesPremises or Project by Tenant, the Buildingany of its subtenants, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party of their respective employees, agents, representatives, contractors, licensees or arising during Tenant’s or any Tenant Party’s occupancyinvitees, Tenant shall reimburse Landlord be solely responsible for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilitiesliabilities and losses (including, losses without limitation, diminution in valuation of the Premises or Project, and expenses arising at any time sums paid in settlement of claims and for reasonable attorneys’ fees, consultant fees and expert fees) which arise during or after the Term as a result (of any contamination directly or indirectly) indirectly arising from the activities which are the basis for such breach. This indemnification of or Landlord by Tenant includes, without limitation, costs incurred in connection with (a) 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 Project to the condition existing prior to the introduction of any such Hazardous Materials, provided Landlord’s approval of such actions shall first be obtained and Tenant Partyshall fully cooperate in connection with any such clean-up, restoration or other work, at Tenant’s breach sole cost and expense. Furthermore, ▇▇▇▇▇▇ shall immediately notify Landlord of this Article 51 any inquiry, test, investigation or (b) enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at ▇▇▇▇▇▇’s sole cost and expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials oncontamination which Tenant is obligated hereunder to remediate. The covenants of Tenant under this Section shall survive the expiration of the Term or earlier termination of this Lease. As used in this Lease, the term “Hazardous Materials” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, 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, any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons, and including any substances 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 about the Premises local laws or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesregulations, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, the cost of any required or necessary repairCalifornia Health and Safety Code and/or under the Comprehensive Environmental Response, cleanup or detoxificationCompensation and Liability Act, and the preparation and implementation of any closure42. U.S.C. §9601, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseet seq.

Hazardous Materials. Tenant ‌ 23.1 Contractor shall not cause nor permit, nor allow any Tenant Party provide to cause Owner's Representative or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about designee a written description of and purpose for the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation use of any Environmental Law products or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on processes in the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Work that are Hazardous Materials or may result in the environmentgeneration of Hazardous Materials. Such written submission must identify, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or prior to the ambient air start of the Work and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of Owner's Representative or designee, the applicable agencies practices used to minimize such generation and Landlord, demonstrate that it has taken all possible steps to eliminate or shall, at Landlord’s election, reimburse Landlord, upon demand, for reduce to the cost to Landlord maximum extent possible such generation. 23.2 Contractor shall ensure the environmentally responsible management of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials onincluded in or resulting from the Work. In performing the Work, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity Contractor shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant comply fully with all Environmental Laws. Contractor is solely responsible for the proper identification and labeling, documentation, handling, storage, minimization, processing and recycling of any and all such Hazardous Materials. Unless otherwise indicated, Contractor shall excuse Tenant be responsible for manifesting, transporting and removing from Tenant’s obligation Site any and all Hazardous Materials. Contractor shall be liable for any and all costs incurred by Owner, at Owner's sole discretion, for the storage, handling, processing, removal and disposal thereof. 23.3 Contractor shall defend and indemnify Owner, its parent, affiliates and its and their employees, agents, officers and directors and hold it and them harmless from any and all damages, claims, demands, or suits of indemnification pursuant hereto. Tenant’s obligations pursuant any kind for injury to persons, including death, and damage to property suffered by any person (including Contractor Resources) or by any firm or corporation arising out of, or claimed to have arisen out of, any acts or omissions of Contractor and Contractor Resources related to or involving Hazardous Materials generated during the course of the Work or brought to the foregoing indemnity Site by the Contractor or Contractor Resources. This indemnification shall survive include any liability or claims related to the expiration storage, handling, processing, release, or termination removal from Site of any such Hazardous Materials by Contractor, Contractor Resources, transporters, recyclers, or any treatment, storage or disposal facility used by Contractor or such other persons. Further, this Leaseindemnification shall include liability for any and all costs or penalties (including legal, attorney, administrative, or regulatory fees and expenses) incurred or imposed as a result of actions pursued by federal, state or local governments or agencies related, in any way whatsoever, to the management of such Hazardous Materials.

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s 's Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s 's or any Tenant Party’s 's occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “"environmental condition” " shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s 's election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s 's performing such work, based upon Landlord’s 's reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s 's affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “"Indemnitees”") from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s 's breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s 's and/or any Tenant Party’s 's activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s 's obligation of indemnification pursuant hereto. Tenant’s 's obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

Hazardous Materials. Tenant shall not cause nor permittransport, nor allow use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Tenant Party to cause or permit, any "Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under Material" (as defined below) upon or about the Property, nor permit Tenant's employees, agents, contractors, and other occupants of the Premises to engage in such activities upon or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises under Article 6), provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of strictly in accordance with applicable Law and the manufacturers' instructions therefor, (b) such substances shall not be disposed of, released or discharged on the Property, and shall be transported to and from the Premises in compliance with all applicable Environmental Laws, and as Landlord shall reasonably require, (c) if any applicable Law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord), and shall ensure that disposal occurs frequently enough to prevent unnecessary storage of such substances in the Premises, and (d) any remaining such substances shall be completely, properly and lawfully removed from the Property upon expiration or earlier termination of this Lease. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of of: (i) any enforcement, cleanup or other regulatory action taken or threatened by any governmental or regulatory authority with respect to the violation of any Environmental Law or presence of any Hazardous MaterialsMaterial on the Premises or the migration thereof from or to other property, other than office (ii) any demands or claims made or threatened by any party against Tenant or the Premises relating to any loss or injury resulting from any Hazardous Material, (iii) any release, discharge or nonroutine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Premises, and janitorial supplies as permitted above, (iv) any matters where Tenant is required by Law to give a notice to any governmental or regulatory authority respecting any Hazardous Materials on the Premises. Landlord shall have the right (but not the obligation) to enter upon join and inspect participate, as a party, in any legal proceedings or actions affecting the Premises and to conduct testsinitiated in connection with any environmental, monitoring and investigationshealth or safety Law. If At such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancytimes as Landlord may reasonably request, Tenant shall reimburse provide Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to with a written list identifying any Hazardous Materials or the environmentMaterial then used, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordstored, or shall, at Landlord’s election, reimburse Landlord, maintained upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance use and approximate quantity of each such material, a copy of any material safety data sheet ("MSDS") issued by Tenant with all Environmental Lawsthe manufacturer therefor, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.written information

Hazardous Materials. Tenant shall not (either with or without negligence) cause nor permitthe escape, disposal, release or threat of release of any biologically or chemically active or other Hazardous Materials (as said term is hereafter defined) on, in, upon or under the Property or the Premises. Tenant shall not allow the generation, storage, use or disposal of such Hazardous Materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the generation, storage, use and disposal of such Hazardous Materials, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought uponinto the Property any such Hazardous Materials except for use of normal office and business equipment supplies and cleaning products in the ordinary course of Tenant’s business. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Materials by Tenant or its agents, storedemployees, manufacturedservants, generatedcontractors and subcontractors, blendedthen the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges but only if such requirement applies to the Premises or may be the result of the acts or omissions of Tenant or its agents, handledemployees, recycledservants, treatedcontractors and subcontractors. In addition, disposed Tenant shall execute affidavits, representations and the like, from time to time, at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. The Tenant shall, at its own expense, remove, clean up, remedy and dispose of (in compliance with all applicable laws, rules and regulations) all Hazardous Materials generated or used onreleased by the Tenant or its officers, directors, employees, contractors, servants, invitees, agents or any other person acting under Tenant during the term of this Lease (or about during such term as the Tenant is in occupancy or possession of any part of the Premises, the BuildingBuilding or the Property) at or from the Premises, the Common Area Building or the ProjectProperty in compliance with all Environmental Laws (as said term is hereafter defined) and further, except for routine office shall remove, clean up, remedy and janitorial supplies dispose of all Hazardous Materials located at, upon, under, within or in usual the Premises, the Building or the Property generated by, or resulting from Tenant’s operations, activities or processes during the term of this Lease (or such other periods of time as the Tenant may be in occupancy or in possession of the Premises or any portion of the Property or Building), in compliance with all Environmental Laws. In performing its obligations hereunder, the Tenant shall use commercially reasonable efforts to avoid interference with the use and customary quantities storedenjoyment of the Building and the Property by other tenants and occupants thereof. The provisions hereof shall survive expiration or termination of this Lease. To the best of Landlord’s knowledge, used based on the “Phase I Report” (as said term is hereinafter defined), Landlord represents to Tenant that, as of the date of this Lease, other than as expressly disclosed in the Phase I Report, Landlord has no knowledge any release or threat of release of any Hazardous Materials, or other environmental condition requiring remediation, at the Property and, to the best of Landlord’s knowledge, the Premises, the Building and disposed of the Property are in accordance compliance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon indemnify and inspect the Premises defend Tenant against and to conduct testshold Tenant harmless from all claims, monitoring liabilities, costs, expenses, losses and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by damages (including reasonable attorneys fees’ and disbursements) that Tenant or any Tenant Party or may incur in connection with claims arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to from (i) any Hazardous Materials or the environmentintroduced at, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, about or under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance Building or the Property by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation any act of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration Landlord or termination of this Lease.its agents,

Hazardous Materials. Tenant shall not cause nor permitcovenants and agrees that it will not, nor allow any Tenant Party to except in strict compliance with applicable law and regulations, cause or permit, permit any Hazardous Materials to be brought upon, stored, manufacturedused, handled, generated, blendedreleased or disposes of on, handledin, recycledunder or about the Premises, treatedthe Building, disposed or used onany portion thereof by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or earlier termination of this Lease but subject to Landlord’s right to oversee remediation described below, Tenant agrees to promptly remove from the Premises, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building, the Common Area Project or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated portion thereof by Tenant or any Tenant Party or arising during of Tenant’s or any Tenant Party’s occupancyParties. To the fullest extent permitted by law, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating agrees to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entitiespartners, and each of their respective members, managers, partnersofficers, directors, officers, employees, shareholders, lenders, agents, contractorssubsidiaries of any tier, along with the affiliates, successors and assigns of the foregoing, (individually and collectively, “IndemniteesLandlord Indemnified Parties”) from and against any and all claims, damages, judgments, suits, causes of action, damageslosses, liabilities, penalties, fines, taxesexpenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, liabilitiessums paid in settlement of claims, losses attorneys’ fees, consultant fees and expenses arising at expert fees and court costs) but only to the extent that any time during of the foregoing arise or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) from the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials onin, under or about the Premises, nor the strict compliance Building, the Project or any other portion thereof that are caused or knowingly permitted by Tenant with all Environmental Laws, shall excuse Tenant from or any of Tenant’s obligation Parties. Tenant agrees to promptly notify Landlord of indemnification pursuant hereto. Tenant’s obligations pursuant to any release or suspected release of Hazardous Materials at the foregoing indemnity shall survive Premises of which Tenant becomes aware of during the expiration or termination Term of this Lease, whether caused by Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or knowingly permitted by Tenant or any of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord reasonably deems necessary or appropriate to remediate such release and prevent any similar future release. In the event that any act or omission of Tenant, any Tenant Party, or any agent, contractor, employer, affiliate or invitee of either of the same shall cause or result in any release of any Hazardous Material (including, without limitation, the groundwater and subsurface soils under the Property), the Building or the environment or contamina­tion of any of the same by any Hazardous Material (collectively, a “Tenant Release”), Landlord may require (a) that Landlord shall exclusively conduct in good faith all investigatory, scoping and planning activities with respect to such Tenant Release; the preparation and negotiation (with the relevant governmental authorities) of any action plan or remediation plan required, necessary or convenient with respect to such Tenant Release in order to comply with all applicable Laws or to otherwise restore the affected portion of the Premises to its condition immediately prior to such Tenant Release, all as determined in good faith by Landlord; the selection of all consul­tants and contractors to investigate the need for, scope, perform and monitor any such remediation or abatement of such Tenant Release; and all other matters relating to the investigation and remediation of any such Tenant Release, or (b) that Tenant shall perform such of the activities as described in the preceding clause (a) with respect to the Tenant Release in question as Landlord shall designate, and in all cases Tenant shall reimburse Landlord for all costs and expenses from time to time incurred or expended by Landlord under this Paragraph 7.3 within ten (10) days of Landlord’s written demand therefor, or at Landlord’s election bear such costs and expenses directly.

Hazardous Materials. As used in this Lease, “Hazardous Materials” shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any Regulation. Tenant shall not cause nor permitcause, nor or allow any Tenant Party of Tenant’s Parties to cause or permitcause, any Hazardous Materials to be brought uponhandled, used, generated, stored, manufacturedreleased or disposed of in, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord’s written consent prior to the introduction of any Hazardous Materials onto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for “general office purposes” (such as toner for copiers to the extent customary and necessary for the Permitted Use of the Premises; provided that Tenant shall always handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsProject or surrounding land or environment. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials’ contamination of any portion of the Project of which Tenant becomes aware, other than office and janitorial supplies as permitted above, on the Premiseswhether or not caused by Tenant. Landlord shall have the right at all reasonable times and if Landlord determines in good faith that Tenant may not be in compliance with this Paragraph 4.D to enter upon and inspect the Premises and to conduct teststests and investigations to determine whether Tenant is in compliance with the foregoing provisions, monitoring the costs of all such inspections, tests and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated investigations to be borne by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel reasonably acceptable to Landlord) ), protect and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgmentsliabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys’ and consultants’ fees and court costs), demands, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (judgments directly or indirectly) indirectly rising out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 related to the use, generation, storage, release, or (b) the presence disposal of Hazardous Materials by Tenant or any of Tenant’s Parties in, on, under or about the Premises Premises, the Building or other property as a result (directly the Project or indirectly) of Tenant’s and/or any Tenant Party’s activitiessurrounding land or environment, or failure to act, in connection with the Premises. This which indemnity shall include, without limitation, damages for personal or bodily injury, property damage, damage to the environment or natural resources occurring on or off the Premises, losses attributable to diminution in value or adverse effects on marketability, the cost of any required or necessary investigation, monitoring, government oversight, repair, cleanup or detoxificationremoval, remediation, restoration, abatement, and disposal, and the preparation and implementation of any closure, monitoring closure or other required plans, whether such action is required or necessary prior to or following the expiration or earlier termination of this Lease. Neither the written consent by Landlord to the presence use, generation, storage, release or disposal of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. to this Paragraph 4.D. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. (a) During the term of this Lease, Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord Environmental Permits (each as defined in writing Section 34.02 hereof) applicable to the operation or use of the violation Leased Premises, will cause all other persons occupying or using the Leased Premises to comply with all such Environmental Laws and Environmental Permits, and will immediately pay or cause to be paid all costs and expenses incurred by reason of any Environmental Law such compliance. (b) Tenant shall not generate, use, treat, store, handle, release or presence dispose of, or permit the generation, use, treatment, storage, handling, release or disposal of any Hazardous Materials, other than office and janitorial supplies Materials (as permitted above, defined in Section 34.02 hereof) on the Leased Premises. Landlord shall have , or the right Project, or transport or permit the transportation of Hazardous Materials to enter upon and inspect or from the Leased Premises or the Project except for limited quantities used or stored at the Premises and to conduct tests, monitoring required in connection with the routine operation and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction maintenance of the Leased Premises, and then only upon the written consent of Landlord and in compliance with all applicable agencies Environmental Laws and LandlordEnvironmental Permits. (c) Tenant agrees to defend, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) indemnify and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any all obligations (including removal and all remedial actions), losses, claims, suits, judgments, causes of action, damagesliabilities, penalties, finesdamages (including consequential and punitive damages), taxes, costs, liabilities, losses costs and expenses arising (including reasonable attorneys' and consultants' fees and expenses) of any kind or nature whatsoever that may at any time during be incurred by, imposed on or after the Term as a result (asserted against Landlord directly or indirectly) of indirectly based on, or in connection with arising or resulting from (a) Tenant and/or any Tenant Party’s breach of this Article 51 the actual or (b) the alleged presence of Hazardous Materials on, under on the Project which is caused or about permitted by Tenant and (b) any Environmental Claim relating in any way to Tenant's operation or use of the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises"Hazardous Materials Indemnified Matters"). This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination The provisions of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity Section 34.02 shall survive the expiration or sooner termination of this Lease. (d) As used herein, the following terms shall have the following meanings: "Hazardous Materials" means (i) petroleum or petroleum products, natural or synthetic gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and radon gas; (ii) any substances defined as or included in the definition of "hazardous substances," "hazardous wastes", "hazardous materials", "extremely hazardous waste", "restricted hazardous wastes", "toxic substances", "toxic pollutants", "contaminants" or "pollutants", or words of similar import, under any applicable Environmental Law; and (iii) any other substance exposure which is regulated by any governmental authority. "Environmental Law" means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of

Hazardous Materials. (a) The Tenant shall hereby covenants that it will not bring or allow to be brought to, in or on the Leased Premises any Hazardous Materials (as hereinafter defined), and it will not cause nor permit, nor allow any Tenant Party or permit to cause or permit, be caused any Hazardous Materials to be brought uponplaced, storedheld, manufacturedlocated, generatedused, blendedprocessed, handled, recycled, treated, stored or disposed or used of on, under or about at the Leased Premises, and that its business and assets will at all times during the BuildingTerm of this Lease operate and be maintained in compliance with applicable laws, regulations and standards, criteria, policies and guidelines (in each case, to the Common Area extent required by law) intended to protect and/or conserve the environment and/or protect human and/or animal health and well-being (individually and collectively being the “Laws”), including, without limitation, Laws respecting the control, handling, management, labeling, reporting, notification, processing, storage, discharge, emission, spill, leakage or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence disposal of any Hazardous Materials; and that it will not do or omit to be done anything that will cause any regulatory or enforcement actions or activities in respect thereof to be instituted or conducted at the Leased Premises by or under any statutory or regulatory authority. (b) The Tenant covenants that it will permit the Landlord, other or those duly authorized by the Landlord, to carry out intrusive work, including drilling, and to conduct tests, inspections, sampling, monitoring and appraisals of the Leased Premises, including, without limitation, the right to conduct soil, air, chemical, materials, and/or water tests, and to take and remove samples, materials, structures and things from the Leased Premises, and any part of the Leased Premises, and any records, business and assets insofar as they relate to the Leased Premises to determine and ensure compliance with any Laws and this paragraph of this Lease (an “Environmental Audit”) , upon reasonable notice to the Tenant of not less than office three (3) business days, and janitorial supplies further provided that the Landlord shall take all reasonable care to minimize any disruption of the Tenant’s operations or use of the Leased Premises. (c) In the event that the Environmental Audit reveals that the Tenant is storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials in the Leased Premises in a manner contrary to any applicable laws or regulations, the Landlord shall give the Tenant ten (10) days within which to amend its manner of storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials to comply with acceptable environmental protection practices. The Tenant shall further forthwith carry out such procedures as permitted aboveare, on in the Premises. sole and reasonable opinion of the Landlord, necessary to correct any damage which may have been caused to the Leased Premises by the Tenant and any adjoining lands, and to forestall any damage to the Leased Premises and adjoining lands which in the reasonable opinion of the Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with any Hazardous Materials by the Tenant. (d) In the event that the Tenant shall be in default of the provisions hereof and fail to amend its practices or take such corrective measures as are required pursuant to sub-paragraph (c) immediately preceding within the aforesaid ten (10) day period, or such shorter period of time if the Landlord, acting reasonably, believes that an emergency exists, the Landlord shall have the right to enter upon and inspect the Leased Premises and to conduct testscarry out such procedures as are, monitoring in the sole and investigations. If such tests indicate reasonable opinion of the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps Landlordlegally necessary to rectify the same correct any damage which may have been caused to the satisfaction Leased Premises by the Tenant, or to forestall any damage to the Leased Premises which in the reasonable opinion of the applicable agencies Landlord may be created by the unsatisfactory storing, handling, transporting, manufacturing, processing or otherwise dealing with such Hazardous Materials, and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to the Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess depositon demand, as Additional Rent, all costs and expenses of carrying out such procedures. (e) The Tenant will fully comply with the case may beorders of all governmental authorities concerning pollution control and environmental clean-ups of the Leased Premises for which it is responsible, and if the Landlord is required by the governmental authorities to do anything in relation to an environmental problem caused by the Tenant, the Tenant will, upon receipt of notice from the Landlord, carry out the order at the Tenant’s expense. If the Tenant fails or refuses to promptly and fully carry out an order, or if, in the Landlord’s reasonable opinion, the Tenant is not competent to carry out the order, the Landlord may, upon notice to the Tenant, carry out the whole or any part of the order, and the Tenant will pay all costs incurred by the Landlord in so doing, together with an administration fee of fifteen percent (15%) of such costs. (f) In the event that the Tenant ascertains that Hazardous Materials from off-site will likely migrate or have already migrated into, onto or through the Leased Premises, the Tenant shall indemnify, protect, defend forthwith notify that Landlord thereof; failing such notification the Tenant shall indemnify the Landlord for any costs or liability incurred by the Landlord as a result of such Hazardous Materials. (by counsel acceptable to Landlordg) and hold harmless The Tenant hereby indemnifies the Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) agrees to hold it harmless from and against any and all claimslosses, judgmentsliabilities, causes of actionrequirements, directions, orders damages, penalties, fines, taxes, costs, liabilities, losses expenses and expenses arising claims of any and every kind whatsoever which at any time during or after from time to time may be asserted against or issued to the Term Landlord, or paid, incurred or suffered by the Landlord, with respect to, arising from or as a result (directly of the presence, release, discharge, emission, spill, handling, containment or indirectly) disposal of Hazardous Materials at, in, on, through and/or from the Leased Premises or in connection with (a) Tenant and/or into, in, through or on any Tenant Party’s breach of this Article 51 land, air, water or (b) wet land, where the source or the presence of the Hazardous Materials onis from, under relates to, or about arises from the Tenant’s and/or its employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, and those for whom the Tenant is at law or otherwise responsible or liable, use, occupation or operations at or related to the Leased Premises (including, without limitation: (i) the costs of responding to, defending, appealing, reviewing, counter-claiming and/or claiming over against or other property in respect of any action, application, order, direction or matter caused by or arising from such use, occupation or operations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Landlord with or without the consent of the Tenant, caused by or arising from such use, occupation or operations); (h) The Landlord hereby indemnifies the Tenant and agrees to hold it harmless from and against any and all losses, liabilities, requirements, directions, orders damages, costs, expenses and claims of any and every kind whatsoever which at any time or from time to time may be asserted against or issued to the Tenant, or paid, incurred or suffered by the Tenant, with respect to, arising from or as a result (directly of the presence, release, discharge, emission, spill, handling, containment or indirectly) disposal of TenantHazardous Materials at, in, on, through and/or from the Leased Premises or into, in, through or on any land, air, water or wet land, where the source or the presence of the Hazardous Materials is from, relates to, or arises from any condition of the Leased Premises existing as of the Commencement Date, or any condition of the Leased Premises caused by the Landlord’s and/or any Tenant Party’s activitiesits employee’s, guest’s, contractor’s, occupant’s, invitee’s, hauler’s, transporter’s, prior tenants and those for whom the Landlord is at law or failure otherwise responsible or liable, use, occupation or operations at or related to act, in connection with the Premises. This indemnity shall includeLeased Premises (including, without limitation: (i) the costs of responding to, the cost defending, appealing, reviewing, counter-claiming and/or claiming over against or in respect of any required action, application, order, direction or necessary repairmatter caused by or arising from such use, cleanup occupation or detoxificationoperations and (ii) any cost, liability or damages arising out of a settlement or compromise of any action or proceeding entered into or suffered by the Tenant with or without the consent of the Landlord, caused by or arising from such use, occupation or operations); (i) The provisions of this paragraph, and the preparation undertakings and implementation of any closureindemnifications set out in this paragraph, monitoring or other required plans, whether such action is required or necessary prior to or following shall survive the termination of this Lease. Neither Lease by reason of effluxion of time or otherwise. (j) For purposes of this paragraph, “Hazardous Materials” means any contaminant, pollutant, chemical, substance, material product and/or thing that when placed, released, emitted or discharged to, on, into, through or from the written consent by Landlord natural environment, structure or building may then cause or result in, or at some immediate or future time cause or result in, impairment, adverse effect, risk, harm or degradation to the presence natural environment, or risk harm to human health and/or flora and fauna; and without restricting the generality of the foregoing, Hazardous Materials includes any degraded, reduced or resulting chemical, or anything defined in any applicable statute or regulation as a hazardous waste or hazardous material, or any subset thereof. (k) The Landlord hereby represents that to the best of its knowledge: (i) any Hazardous Materials at the Leased Premises are being used, stored and processed in compliance with applicable Laws, or consistent with accepted industry practice and usage; (ii) parties operating at the Leased Premises are now materially complying with applicable Laws; (iii) there are not now, nor have there been during the Landlord’s period of ownership of the Leased Premises any significant releases of Hazardous Materials onat the Leased Premises; and, (iv) there are no pending or extant environmental enforcement or administrative actions, under charges, orders, prosecutions, claims or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation notices of indemnification pursuant hereto. Tenant’s obligations pursuant violation against or issued to the foregoing indemnity shall survive Landlord and/or its current tenant in respect of or related to the expiration or termination of this LeaseLeased Premises.

Hazardous Materials. Tenant shall not cause nor permittransport, nor allow use, store, maintain, generate, manufacture, handle, dispose, release of discharge any Tenant Party to cause or permit, any "Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under Material" (as defined below) upon or about the Property, nor permit Tenant's employees, agents, contractors and other occupants of the Premises to engage in such activities upon or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises under Article 6), provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for such permitted use of the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of strictly in accordance with applicable Law and the manufacturers' instructions therefor, (b) such substances shall not be disposed of, released or discharged on the Property. and shall be transported to and from the Premises in compliance with all applicable Environmental Laws, and as Landlord shall reasonably require, (c) if any applicable law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site (subject to scheduling and approval by Landlord), and shall ensure that disposal occurs frequently enough to prevent unnecessary storage of such substances in the Premises, and (d) any remaining such substances shall be completely, properly and lawfully removed from the Property upon expiration or earlier termination of this Lease. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of of: (i) any enforcement, cleanup or other regulatory action taken or threatened by any governmental or regulatory authority with respect to the violation of any Environmental Law or presence of any Hazardous MaterialsMaterial on the Premises or the migration thereof from or to other property, other than office (ii) any demands or claims made or threatened by any party against Tenant or the Premises relating to any loss or injury resulting from any Hazardous Material, (iii) any release, discharge of nonroutine, improper or unlawful disposal or transportation of any Hazardous Material on or from the premises, and janitorial supplies as permitted above, (iv) any matters where Tenant is required by Law to give a notice to any governmental or regulatory authority respecting any Hazardous Material on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.the

Hazardous Materials. Landlord and Tenant shall not cause nor permit, nor allow any Tenant Party agree as follows with respect to cause the existence or permit, any use of Hazardous Materials to be brought upon(as defined below) at, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under in, under, above, or about the PremisesIndustrial Center: 45.1 Any handling, transportation, release, generation, storage, treatment, disposal, or use of Hazardous Materials by Tenant or its employees, agents, contractors, or invitees after the Buildingdate hereof at, on, in, under, above, or about the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance Industrial Center shall strictly comply with all applicable Environmental LawsHazardous Material Laws (as defined below). Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and Tenant’s Parties shall comply with all Environmental Laws hold harmless Landlord from and promptly notify Landlord 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 that result from or arise in writing any manner whatsoever out of the violation use, storage, treatment, transportation, release, or disposal of any Environmental Law or presence of any Hazardous MaterialsMaterials at, other than office and janitorial supplies as permitted on, in, under, above, on or about: (i) the Industrial Center; or (ii) the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. by Tenant or its employees, agents, contractors, invitees or by third parties. 45.2 If such tests indicate the presence of any environmental condition Hazardous Materials at, on, in, under, above, or about (i) the Industrial Center caused or exacerbated permitted by Tenant or its employees, agents, contractors, or invitees after the date hereof or (ii) the Premises after the date hereof results in contamination or deterioration of water or soil, resulting in a level of contamination greater than the levels established as acceptable by any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancygovernmental agency having jurisdiction over such contamination, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, then Tenant shall promptly take any and all steps action necessary to rectify the same investigate and remediate such contamination if required by law or as a condition to the satisfaction issuance or continuing effectiveness of any governmental approval which relates to the use of the applicable agencies and Landlord, Industrial Center or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost any part thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall further be solely responsible for, and shall defend, indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) its agents from and against any and against, all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, and liabilities, losses including attorneys’ fees and expenses costs, arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with any investigation and remediation required hereunder to return the Industrial Center or any part thereof to its condition existing prior to the appearance of such Hazardous Materials. 45.3 Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (ai) any communication received from any governmental authority concerning Hazardous Materials that relates to the Industrial Center, and (ii) any contamination of the Industrial Center by Hazardous Materials that constitutes a violation of any Hazardous Materials Law. Tenant and/or may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary for the operation of Tenant’s 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, provided that all such uses shall be conducted at all times in compliance with all Hazardous Materials Laws. At any time during the Lease term, Tenant Party’s breach shall, within five (5) days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant at, on, in, under, above, or about the Industrial Center, the nature of this Article 51 or (b) such use, and the manner of storage and disposal. 45.4 Landlord may cause testing w▇▇▇▇ to be installed on the Industrial Center, and may cause the soil and groundwater to be tested under and about the Industrial Center, and may inspect the Premises, to detect the presence of Hazardous Materials onby the use of such tests as are then customarily used for such purposes. If Tenant so requests, under Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair, and replacement of such w▇▇▇▇ shall be paid by Tenant if such tests disclose the existence of facts that may give rise to liability of Tenant pursuant to its indemnity given in paragraph 45.1 and/or 45.2 above. 45.5 As used herein, the term “Hazardous Material” means any hazardous or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiestoxic substance, material, or failure to actwaste that is or becomes regulated by any local governmental authority, in connection with the PremisesState of Minnesota, or the United States Government. This indemnity shall includeThe term “Hazardous Material” includes, without limitation, petroleum products, asbestos, PCBs, and any material or substance that is (i) defined as a “hazardous waste” pursuant to Section 1004 of the cost Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (ii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental 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 required governmental body or necessary repairagency (including the U.S. Environmental Protection Agency, cleanup or detoxificationthe Minnesota Pollution Control Agency, and the preparation and implementation Minnesota Department of Health) which regulates the use, storage, release, handling, transportation, generation, treatment, or disposal of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this LeaseMaterial.

Hazardous Materials. Tenant shall not cause nor permitLandlord represents and warrants that, nor allow any Tenant Party to cause the best of Landlord’s knowledge, no release (as hereafter defined) of Hazardous Materials has occurred in the Premises or permitthat Hazardous Materials are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to the use, generation, manufacture, collection, treatment, disposal, storage, control, removal or clean up of Hazardous Materials (“Environmental Laws”). To the extent any Hazardous Materials to be brought uponare present in, storedat, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the PremisesPremises and/or the Property at the Commencement Date, the Buildingthrough no fault of Tenant, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the violation of any Environmental Law or presence of any Hazardous MaterialsCommencement Date, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, be responsible for removing or otherwise monitoring and investigations. If or remediating such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environmentas required by, including surface waterand in full compliance with, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, Environmental Laws at Landlord’s election, reimburse Landlord, upon demand, for the no cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may beTenant. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partnersits officers, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors agents and assigns of (the foregoing, (individually and collectively, “IndemniteesLandlord Indemnities”) harmless from and against any and all claimscosts, judgments, causes of actionfees, damages, penaltieslosses, finesexpenses and/or liabilities of any kind or nature in any way related to the existence, taxesremoval, transportation or disposal of any Hazardous Materials in, at, on or about the Property caused by Tenant or any of Tenant’s invitees, agents, employees, contractors, subtenants or licensees. If any action or proceeding is brought against any of the Landlord Indemnities by reason of such claim, Tenant, upon notice from any of the Landlord Indemnities, shall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, liabilitiesfees, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or damages, losses, expenses, and/or liabilities in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence a release of Hazardous Materials on, under by Tenant or about the Premises or other property as a result (directly or indirectly) any of Tenant’s agents, employees, contractors, subtenants or licensees, Tenant shall pay such costs, fees and/or expenses within thirty (30) days of written request from the affected Landlord Indemnities. Other than in the case of an emergency, Landlord shall not incur any fees or costs before notifying Tenant Party’s activities, or failure that it is likely to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, incur such fees and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by costs unless Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasetakes corrective action.

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or shall not (either with or without negligence) cause or permit the escape, disposal, release or threat of release of any biologically or chemically active or other Hazardous Materials (as said term is hereafter defined) on, in, upon or under the Property or the Premises. Tenant Party’s breach shall not allow the generation, storage, use or disposal of this Article 51 such Hazardous Materials in any manner not sanctioned by law or (b) by the highest standards prevailing in the industry for the generation, storage, use and disposal of such Hazardous Materials, nor allow to be brought into the Property any such Hazardous Materials except for use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such Hazardous Materials. If any governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges but only if such requirement is the result of the acts or omissions of Tenant. In addition, Tenant shall execute reasonable affidavits, representations and the like, from time to time, at Landlord's reasonable request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Materials onon the Premises. The Tenant shall, under at its own expense, remove, clean up, remedy and dispose of (in compliance with all applicable laws, rules and regulations) all Hazardous Materials generated or about released by the Tenant or its officers, directors, employees, contractors, servants or agents during the Term of this Lease (or during such term as the Tenant is in occupancy or possession of any part of the Premises, the Building or the Property) at or from the Premises, the Building or the Property in compliance with all Environmental Laws (as said term is hereafter defined) and further, shall remove, clean up, remedy and dispose of all Hazardous Materials located at, upon, under, within or in the Premises, the Building or the Property generated by or resulting from Tenant's operations, activities or processes during the term of this Lease (or such other periods of time as the Tenant may be in occupancy or in possession of the Premises or other property as a result (directly any portion of the Property or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to actBuilding), in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws. In performing its obligations hereunder, the Tenant shall excuse Tenant from Tenant’s obligation use best efforts to avoid interference with the use and enjoyment of indemnification pursuant heretothe Building and the Property by other tenants and occupants thereof. Tenant’s obligations pursuant to the foregoing indemnity The provisions hereof shall survive the expiration or termination of this Lease. The Tenant shall indemnify, defend and save harmless the Landlord, the Manager and their respective officers, directors and shareholders from and against all loss, costs, damages, claims, proceedings, demands, liabilities, In addition to the requirements set forth above, the Tenant shall, within ten (10) days of receipt, provide to the Landlord copies of any inspection or other reports, correspondence, documentation, orders, citations, notices, directives, or suits from or by any governmental authority or insurer regarding non-compliance with or potential or actual violation of Environmental Laws. Subject to the requirements of Section 11.1 hereof, the Landlord hereby expressly reserves the right to enter the Premises and all other portions of the Building and the Property at reasonable times in order to perform inspections and testing of the air, soil and groundwater for the presence or existence of Hazardous Materials. It is agreed and understood that in the event that Hazardous Materials are discovered on the Premises during the course of performance of Landlord's Work, then, unless such Hazardous Material is present due to the acts of Tenant or Tenant's agents, employees or contractors, (i) the Landlord shall remove same to the extent required by law at Landlord's sole expense and (ii) any delays in the Substantial Completion Date and the Construction Completion Date shall not be deemed to be the result of Tenant's Delay for purposes of Section 4.4 of this Lease.

Hazardous Materials. Tenant shall not cause nor permituse, nor allow store, manufacture, dispose of or discharge any Tenant Party to cause pollutants, contaminants, or permit, any Hazardous Materials harmful or hazardous substances from or on the Demised Premises or otherwise occupy or permit the Demised Premises to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed occupied or used onin a manner which (i) violates any law, under regulation, rule or about other governmental requirement, (ii) impairs the Premiseshealth, safety or condition of any person or property or (iii) adversely affects the Buildinguse, enjoyment or value of the Common Area Demised Premises or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawssurrounding property. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation breach, or the potential or threatened breach, of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premisesprovisions of this paragraph. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same access to the satisfaction of the applicable agencies and Demised Premises to inspect, test and, in Landlord's sole discretion, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord remedy any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may bepotential environmental problem. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) indemnify and hold harmless Landlord Landlord, Landlord's Lender and Landlord’s affiliated entities, and each of their respective membersofficers, managersshareholders, partners, directors, officers, employees, shareholders, lenders, and agents, contractorsharmless from any loss, along with the successors and assigns of the foregoingclaim, liability or expense (individually and collectivelyincluding, “Indemnitees”) from and against any and all claimswithout limitation, judgmentsattorneys' fees, causes of actioncourt costs, damagesconsultant fees, expert fees, penalties, fines, taxesremoval, costsclean-up, liabilitiestransportation, losses and expenses disposal, restoration expenses, diminution in value of the Demised Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Demised Premises, damages arising at from any time during or after the Term as a result (directly or indirectlyadverse impact on marketing of space) of or arising in connection with (a) Tenant and/or any Tenant Party’s Tenant's failure to comply with the provisions of this paragraph. A breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination provisions of this Lease. Neither the written consent by paragraph shall be a material default enabling Landlord to exercise any of the presence of Hazardous Materials on, under remedies set forth in this Lease or about the Premises, nor the strict compliance otherwise provided by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant heretolaw. Tenant’s obligations pursuant to the foregoing indemnity 's obligation hereunder shall survive the expiration or sooner termination of this Lease.

Hazardous Materials. Tenant shall not cause nor permitThe provisions of this Section 18, nor allow any Tenant Party which govern LESSEE’S obligations with regard to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposithazardous substances, as the case may bedefined below, shall survive termination of this Lease. ▇. Tenant shall ▇▇▇▇▇▇ agrees to indemnify, protectdefend, defend (by counsel acceptable to Landlord) protect and hold LESSOR free and harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgmentsliability, loss, damage, actions or causes of action, damages, penalties, fines, taxes, costs, liabilities, losses costs and expenses (including attorney's fees) arising at any time during or after the Term as a result (directly or indirectly) of from or in connection with (a) Tenant and/or the presence of any Tenant PartyHazardous Substances in, on, or under the PREMISES except to the extent that LESSEE can demonstrate by clear and convincing proof that such Hazardous Substances were present in, on, or under the PREMISES prior to September 1, 1989, or migrated onto or under the PREMISES from other land after such date. Furthermore, LESSEE shall, at ▇▇▇▇▇▇'s sole cost and expense, be responsible for the receiving, use, storage, handling, transportation, generation, spillage, migration, discharge, release, and disposition of all hazardous substances to the extent any such are used, stored, brought onto, located on or shipped from or within, the PREMISES in connection with LESSEE’s breach occupancy and use thereof, in accordance with all applicable rules, regulations, orders, ordinances, statutes, codes and laws. For purposes of this Article 51 Lease, "Hazardous Substances" shall include but not be limited to flammable, combustible, explosive, corrosive, caustic, carcinogenic or radioactive matter, petroleum or petroleum related materials and/or substances defined as "hazardous substances", "hazardous materials", "hazardous waste" or "toxic substances" in any federal, state or local laws or regulations adopted or publications promulgated pursuant to said laws (b) hereinafter collectively referred to as the "Laws"). LESSEE shall, at ▇▇▇▇▇▇'s sole cost and expense, comply fully with all requirements of the Laws applicable to LESSEE's use of the HANGAR and obligations contained herein. B. In the event of a release, leak, spill, or threatened or actual contamination or deterioration of the PREMISES or groundwater by a Hazardous Substance, whether the result of an act or omission of LESSEE or its agents, employees, contractors, licensees, or invitees or any other third parties, LESSEE shall, immediately notify LESSOR and all appropriate health, safety and environmental regulatory agencies. LESSEE hereby covenants and agrees to implement and complete, at its sole cost and expense, and to the satisfaction of LESSOR, all investigation and remediation measures required by such agency or agencies. If LESSEE fails to take such action LESSOR may, but shall not be obligated to, take such action. In such event, all costs incurred by LESSOR with respect to such cleanup activities shall be for the account of LESSEE and LESSEE shall promptly make reimbursement therefore. LESSEE shall not take any remedial action in response to the presence of any Hazardous Substances in or about the PREMISES, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Substances in any way connected with the PREMISES without first notifying the LESSOR of ▇▇▇▇▇▇'s intention to do so and affording LESSOR ample opportunity to appear, intervene or otherwise appropriately assess and protect its interest with respect thereto. C. LESSEE shall bear responsibility for the presence of any Hazardous Substances as a result of LESSEE’s activities, whether before, during or after construction, in or around any part of the PREMISES or the soil, groundwater or soil vapor on or under the PREMISES. Upon demand by ▇▇▇▇▇▇, ▇▇▇▇▇▇ shall defend any investigation, action or proceeding alleging the presence of any Hazardous Substances in any such location, which affects the PREMISES or which is brought or commenced against LESSOR, whether alone or together with LESSEE or any other person, all at LESSE’s own cost and by counsel to be approved by ▇▇▇▇▇▇ in the exercise of its reasonable judgment. In the alternative, LESSOR may elect to conduct its own defense at the expense of ▇▇▇▇▇▇. ▇. ▇▇▇▇▇▇ shall comply and cause all occupants of the PREMISES to comply, with all statutes, codes, regulations, rules, ordinances, orders and other laws governing or applicable to Hazardous Substances as well as the recommendations of any qualified environmental engineer or other expert which apply or pertain to the PREMISES, ▇▇▇▇▇▇'s use of the PREMISES or of the facilities of the AIRPORT. ▇▇▇▇▇▇ acknowledges that the presence of Hazardous Materials Substances may permanently and materially impair the value and use of the PREMISES. ▇. ▇▇▇▇▇▇ shall promptly notify LESSOR if ▇▇▇▇▇▇ knows, suspects or believes that there may be any Hazardous Substances in or around the PREMISES, or in the soil, groundwater or soil vapor on or under the PREMISES, or that LESSEE may be subject to any threatened or pending investigation by any governmental agency under any statute, code, regulation, rule, ordinance, order or other law pertaining to any Hazardous Substances. ▇. ▇▇▇▇▇▇ and its agents and representatives shall have the right, upon being given reasonable notice by the LESSOR, to enter and visit the PREMISES to make observations of the PREMISES, take and remove soil or groundwater samples, and conduct tests. LESSOR is under no duty, however, to visit or observe the PREMISES or to conduct tests. No site visit, observation or testing by LESSOR shall result in a waiver of any default of LESSEE or impose any liability on LESSOR. In no event shall any site visit, observation or testing by LESSOR be a representation that Hazardous Substances are or are not present in, on, or under the PREMISES or about the Premises that there has been compliance with any statute, code, regulation, rule, ordinance, order or other property law pertaining to Hazardous Substances. Neither LESSEE nor any other party is entitled to rely on any site visit, observation or testing by ▇▇▇▇▇▇. LESSOR shall not be obligated to disclose to LESSEE or any other party any report or finding made as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesresult, or failure to act, in connection with, any site visit, observation or testing by LESSOR. In each instance, LESSOR shall give LESSEE reasonable notice before entering the PREMISES. LESSOR shall make reasonable efforts to avoid interfering with ▇▇▇▇▇▇’s use of the PremisesPREMISES in exercising any right provided in this Section. ▇. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, ▇▇▇▇▇▇ must prepare and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord maintain to the presence satisfaction of Hazardous Materials on, under or about the Premises, nor fire official with jurisdictional authority a "Business Response Plan" in accordance with Section 25500 et seq. of the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from TenantHealth and Safety Code. Said plan must be kept current and on file in the Airport Manager’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseoffice.

Hazardous Materials. Tenant shall not cause nor permituse or permit any hazardous, nor allow any Tenant Party to cause toxic or permit, any Hazardous Materials to radioactive materials ("HAZARDOUS MATERIALS")to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed kept or used on, under in or about the Premises, the BuildingImprovements or any portion of the Development by Tenant, the Common Area its agents, employees or the Projectcontractors, except for routine unless such Hazardous Materials are necessary or useful to and customarily used in Tenant's business and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Materials. In addition, Tena▇▇ ▇▇▇ll be entitled to use general office supplies, normal janitorial supplies, supplies used in maintaining its equipment and janitorial swimming pool supplies in usual and customary quantities stored, used and disposed of in accordance a manner that complies with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigationslaws regulating their use. If such tests indicate Tenant breaches the covenants and obligations set forth herein or, if the presence of Hazardous Materials on, in or about the Premises, the Improvements or any environmental condition other portion of the Development caused or exacerbated permitted by Tenant Tenant, its agents, employees or contractors results in contamination of the Premises, the Improvements or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction other portion of the applicable agencies and LandlordDevelopment, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. then Tenant shall indemnify, protect, defend (by counsel acceptable to Landlordand hold Landlord and the owner(s) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns operator(s) of the foregoing, (individually Common Areas free and collectively, “Indemnitees”) harmless from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilitiesliabilities and losses (including diminution in the value of the Premises and/or the Common Areas, losses damages for the loss or restriction on use of rentable or useable space or of any amenity of the Premises, the Improvements or any other portion of the Development, and expenses arising at any time sums paid in settlement of claims, attorneys' fees, consultants' fees and expert fees) which arise during or after the Term as a result (directly or indirectlyof such contamination. This indemnification by Tenant of Landlord and the owner(s) and operator(s) of or the Common Areas, includes any and all costs incurred in connection with (a) Tenant and/or any Tenant Party’s breach investigation of this Article 51 site conditions or (b) any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Materials onin, on or about the Premises, the Improvements or any portion of the Development, including the soil or ground water on or under the Development. The provisions of this Section 8.3(i) shall survive the expiration or earlier termination of this Lease. Landlord shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises or any other property portion of the Development by Landlord, its agents, employees or contractors unless such Hazardous Materials are used, kept and stored in a manner that complies with all laws regulating such Hazardous Materials. If Landlord breaches the covenants and obligations set forth herein or if contamination of the Premises or any other portion of the Development by Hazardous Materials otherwise occurs which is caused by Landlord or its agents, then Landlord shall indemnify, defend and hold Tenant free and harmless from and against any and all claims, judgments, damages (but not consequential damages), penalties, fines, costs and liabilities and losses (including any diminution in the value of the Club, and sums paid in settlement of claims, attorneys' fees, consultants' fees and expert fees) which arise during or after the Term as a result (directly or indirectly) of Tenant’s and/or such contamination. This indemnification by Landlord of Tenant includes any Tenant Party’s activities, or failure to act, and all costs incurred in connection with the Premises. This indemnity shall includeany investigation of site conditions or any clean up, without limitationremedial, the cost removal or restoration work required by any federal, state or local governmental agency or political subdivision because of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of such Hazardous Materials on, under in or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation . The provisions of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity this Section 8.3(ii) shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Landlord hereby represents and warrants that, ------------------- to the Landlord's actual knowledge, the Premises is not, and as of the date that Tenant shall takes possession of the Premises ("Possession Date"), will not cause nor permitbe, nor allow in violation of any Tenant Party federal, state or local law, regulation or ordinance relating to cause industrial hygiene or permit, any which govern Hazardous Materials to be brought uponand/or environmental conditions in, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Buildingincluding but not limited to air quality, the Common Area or the Project, except for routine office and janitorial supplies in usual surface and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land soil and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, conditions (individually and collectively, “"Environmental Regulations"). Landlord further represents and warrants that as of the Possession Date, the Premises do not contain any Hazardous material, and Landlord's work in the Premises shall not incorporate into the Premises any material containing Hazardous Materials. Any and all work performed by Landlord on the Premises from and after the Possession Date shall be free of all Hazardous Materials and shall be in compliance with all Environmental Regulations. In the event that the presence of any Hazardous Material is detected on the Premises in violation of any Environmental Regulation (i) prior to the Possession Date, or (ii) at any time during the term hereof as a part of or as a result of work by Landlord on/in the Premises, then in such event Landlord shall contain, remove, detoxify and/or remediate such Hazardous Material in compliance with all applicable Environmental Regulations (the "remedial work"). All such remedial work shall be performed by Landlord at Landlord's expense. In the event that such remedial work shall be performed prior to Tenant opening for business, Tenant's obligation to open shall be delayed until such remedial work is completed. In the event that such remedial work is performed subsequent to Tenant opening for business, Tenant's obligation to pay Base Rent shall be abated in direct proportion to the extent Tenant is unable to conduct its business upon the Premises as a result of such remedial work being necessary or while such remedial work is being performed. Landlord hereby agrees to indemnify and hold harmless Tenant, its directors, officers, employees and agents (the "Tenant Indemnitees”") from and against any and all claimsliability, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, including without limitation, all costs of defense and the cost of any required or necessary remedial work and/or repair, cleanup claimed, threatened or detoxificationasserted against any Tenant Indemnitee arising out of the use, and the preparation and implementation of any closuregeneration, monitoring transportation, storage, release or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence disposal of Hazardous Materials on, under (a "Release") on or about the Premises, nor Premises which Release is a result of Landlord's work in the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant Premises or which occurred prior to the foregoing indemnity shall survive the expiration or termination of this LeasePossession Date.

Hazardous Materials. (a) Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials (as hereinafter defined) to be generated, produced, brought upon, used, stored, manufactured, generated, blended, handled, recycled, treated, released or disposed or used on, under of in or about the Premises(i) Premises by any party, or (ii) Project by Tenant, its agents, employees, contractors, licensees or invitees (any of such storage, generation, use, release, or disposal described items (i) and (ii) hereinabove shall be sometimes referred to herein collectively as the Building“Tenant Environmental Activities”), without the Common Area or the Projectprior written consent of Landlord, except for routine office and janitorial supplies which Landlord may withhold in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Lawsits sole discretion. Tenant shall promptly and Tenant’s Parties shall comply with all Environmental fully remove and remediate, in the manner required by Applicable Laws and promptly governing agencies and authorities (and as reasonably approved in writing by Landlord), any release of Hazardous Materials, or any other violation of any Applicable Laws, in or about the Premises or Project caused by Tenant Environmental Activities. Tenant shall immediately notify Landlord in writing of the violation of any Environmental Law or presence release of any Hazardous MaterialsMaterials in, other than office and janitorial supplies on, under, or about the Premises or Project as permitted above, on the result of any Tenant Environmental Activities. (b) Tenant Environmental Activities shall also include any mold resulting from Tenant’s use or occupancy of the Premises. Landlord shall have the right right, at Tenant’s sole cost and expense, which cost shall in no event exceed One Thousand Dollars ($1,000.00) per inspection, to enter upon and inspect perform an annual inspection of the Premises to test for mold and to conduct tests, monitoring and investigations. If in the event that any such tests indicate test or inspection reveals the presence existence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancymold, Tenant shall reimburse Landlord be responsible for and pay the entire cost of conducting such tests. The phrase remediation thereof within twenty (20) days of receipt of an invoice from Landlord. (c) As used in this Lease, the term “environmental conditionHazardous Material” shall mean means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substances defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances”, but excluding commonly used cleaning products in ordinary quantities, now or subsequently regulated under any Applicable Laws, including, without limitation petroleum-based products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse condition relating to any Hazardous Materials effects on the environment or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air health and includes air, land and water pollutants, noise, vibration, light and odors. In the event safety of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasepersons.

Hazardous Materials. Tenant (a) Lessee agrees that Lessee, its agents and contractors, licensees, or invitees shall not cause nor permithandle, nor allow use, manufacture, store or dispose of any Tenant Party to cause flammables, explosives, radioactive materials, hazardous wastes or permitmaterials, any toxic wastes or materials or other similar substances, petroleum products or derivatives (collectively "Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used Materials") on, under under, or about the Premises, the Buildingwithout Lessor's prior written consent (which consent may be given or withheld in Lessor's sole discretion), the Common Area provided that lessee may handle, store, use or the Project, except for routine office and janitorial supplies in usual and customary dispose of products containing small quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office which products are of a type customarily found in offices and janitorial supplies households (such as permitted aboveaerosol cans containing insecticides, on toner for copies, paints, paint remover, and the Premises. Landlord like), provided further that Lessee shall have the right handle, store, use and dispose of any such Hazardous Materials in a safe and lawful manner and shall not allow such Hazardous Materials to enter upon and inspect contaminate the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment. (b) Without limiting the above, including surface waterLessee shall reimburse, groundwaterdefend, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) indemnify and hold Lessor harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgmentslosses, causes of actionliabilities, damages, penaltiescosts and expenses, finesincluding without limitation, taxesloss of rental income, loss due to business interruption, and attorneys fees and costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) out of or in connection any way connected with (a) Tenant and/or any Tenant Party’s breach of this Article 51 the use, manufacture, storage, or (b) the presence disposal of Hazardous Materials by Lessee, its agents or contractors on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall includepremises including, without limitation, the cost costs of any required or necessary investigation repair, cleanup or detoxification, detoxification and the preparation and implementation of any closure, monitoring closure or other required plansplans in connection herewith, whether such action is required voluntary or necessary prior to or following the compelled by governmental authority. The indemnity obligations of Lessee under this clause shall survive any termination of the Lease. (c) Notwithstanding anything set forth in this Lease. Neither the written consent by Landlord to the presence , Lessee shall only be responsible for contamination of Hazardous Materials onor any cleanup resulting directly therefrom, under resulting directly from matters occurring or about Hazardous Materials deposited (other than by contractors, agents or representatives controlled by Lessor) during the Lease term, and any other period of time during which Lessee is in actual or constructive occupancy of the Premises. Lessee shall take reasonable precautions to prevent the contamination of the Premise with Hazardous Materials by third parties. (d) It shall not be unreasonable for Lessor to withhold its consent to any proposed Assignment or Sublease if (i) the proposed Assignee's or Sublessee's anticipated use of the premises involves the generation, nor storage, use, treatment or disposal of Hazardous Materials; (ii) the strict compliance proposed Assignee or Sublessee has been required by Tenant any prior Lessor, lender, or governmental authority to take remedial action in connection with all Environmental LawsHazardous materials contaminating a property if the contamination resulted from such Assignee's or Sublessee's actions or use of the property in question; or (iii) the proposed Assignee or Sublessee is subject to an enforcement order issued by any governmental authority in connection with the use, shall excuse Tenant from Tenant’s obligation disposal, or storage of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasea hazardous material.

Hazardous Materials. 22.1 Landlord has furnished or made available to Tenant copies of any and all reports Landlord has in its possession or has obtained in connection with the presence of Hazardous Materials on the Premises, including the Army Transfer MOA.‌‌ 22.2 Except as specifically permitted under Sections 22.8, 22.9, or 22.10 of this Lease, Tenant shall not, and Tenant shall ensure that Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term shall not cause nor permitbring, nor allow generate or otherwise use, handle, treat, store, sell, dispose of, discharge or release any Hazardous Material upon, about, beneath or from the Premises, except for limited quantities of standard office, personal care, and janitorial supplies containing chemicals categorized as Hazardous Materials brought, generated or otherwise used, handled, treated, stored, sold, disposed of, discharged and released in compliance with Applicable Laws and Requirements. All Hazardous Materials-related activities undertaken by Tenant, Affiliates, Agents, employees, guests, invitees, visitors, Occupants and other persons or entities under the control of Tenant Party to cause during the Term shall comply with all Applicable Laws and Requirements. Tenant shall not, and Tenant shall ensure that Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or permitentities under the control of Tenant during the Term shall not, any permit Hazardous Materials to be brought uponcommingled with the Hazardous Materials of Landlord or the Army or Hazardous Materials which are Army Retained Conditions, storedif any. Tenant agrees to be responsible for timely acquisition of any permit(s) required for its Hazardous Materials-related activities, manufacturedif any, generatedand shall provide to Landlord, blendedupon request, handledinventories of all such Hazardous Materials and any supporting documentation, recycledincluding but not limited to material safety data sheets, treateduniform waste manifest forms, disposed and/or any other pertinent permits. (a) If either Party becomes aware of, or used onreasonably suspects, or receives notice or other communication concerning (i) any actual, alleged or threatened violation of any Applicable Laws and Requirements (A) by Tenant, Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term and in connection with, or about affecting, the Premises, or (B) from past or present activities of any person in connection with the BuildingPremises, or (ii) any liability of Tenant, Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term for Environmental Damages in connection with, or affecting, the Common Area Premises, then such Party shall deliver to the other Party, immediately upon receipt of such notice or the Projectcommunication by ▇▇▇▇▇▇, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed a written description of in accordance such alleged violation or liability together with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation copies of any Environmental Law or presence documents evidencing same. Receipt of such notice shall not be deemed to create any Hazardous Materials, other than office and janitorial supplies as permitted above, obligation on the Premises. part of Landlord to defend or otherwise respond to any such notification. (b) Pursuant to the Army Transfer MOA, the Army has retained the authority, responsibility and liability for Response Actions required with respect to the Army Retained Conditions and shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigationsfor the purposes of undertaking such Response Actions. If such tests indicate Hazardous Materials are encountered by Tenant, Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the presence control of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse immediately halt work and notify Landlord for so that Landlord may evaluate the cost situation and, with respect to Army Retained Conditions, Landlord shall notify the Army and take such other actions as Landlord may be obligated to take pursuant to the Army Transfer MOA and/or Applicable Laws and Requirements. Tenant shall cooperate with the Landlord and the Army with respect to the Army’s access rights and Response Actions. Landlord shall promptly notify Tenant of conducting such tests. The phrase “environmental condition” any notice it receives from the Army with respect to Army Retained Conditions and Army access and Response Actions. (c) Each Party shall mean immediately advise the other in writing if at any adverse condition time (i) it receives written notice of any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against that Party or the Premises pursuant to any Applicable Laws and Requirements relating to any Hazardous Materials or Preexisting Hazardous Materials (“Hazardous Materials Law”); (ii) it receives any claim made or threatened by any third party against that Party or the environmentPremises relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials or Preexisting Hazardous Materials (the matters set forth in clauses (i) and (ii) above are referred to as “Hazardous Materials Claims”); (iii) it discovers or becomes aware of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that is subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Hazardous Materials Law; or (iv) it discovers the presence of Preexisting Hazardous Materials on, under, or adjacent to the Premises or Fort ▇▇▇▇▇ if, as to the latter (with respect to Landlord’s notification to Tenant), it could affect the Premises. (d) Landlord shall have the 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 and to have its reasonable attorneys’ fees in connection with the proceedings or actions paid by ▇▇▇▇▇▇. (e) If during the Term, Tenant or its Affiliates, Agents, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant, encounter evidence of Preexisting Hazardous Materials on the Premises, Tenant shall immediately notify Landlord and shall take all precautions and actions necessary to insure that any suspected Preexisting Hazardous Materials are not disturbed or exacerbated prior to clean up and remediation. Such notice shall describe, to the extent known by Tenant, the location and nature of the Preexisting Hazardous Materials discovered or believed likely to be present. 22.4 Except for Response Actions related to Preexisting Hazardous Materials, including Response Actions undertaken by the Army with respect to Army Retained Conditions, Tenant shall, at its sole cost and expense, promptly take all Response Actions required under Applicable Laws and Requirements by any Agency to remedy damage to the Premises or neighboring property that arises directly or indirectly from or in connection with the presence, or release of any Hazardous Materials introduced in, under, about or into the air, buildings, paved surfaces, sanitary sewers, stormwater drainage systems, surface water, groundwater, drinking water supplyor land by Tenant or Tenant’s Affiliates, landAgents, surface employees, guests, visitors, invitees, Occupants and other persons or subsurface strata or entities under the ambient air and includes air, land and water pollutants, noise, vibration, light and odorscontrol of Tenant during the Term. In Such Response Actions by Tenant may include but are not limited to Response Actions of the event environmental condition of the areas adversely affected (“Affected Property”) by ▇▇▇▇▇▇’s breach of any such environmental conditionof the provisions of this Lease, whether on or off of the Affected Property. Except for Response Actions related to Preexisting Hazardous Materials, including Response Actions taken by the Army with respect to Retained Army Conditions, Tenant shall promptly take all Response Actions required under this Lease and under Applicable Laws and Requirements and shall restore the Affected Property to a condition substantially equal to that existing prior to the introduction of the Hazardous Materials upon, about, in, into, or beneath the Affected Property, in accordance with the standard of Response imposed by Applicable Laws and Requirements. (To the extent of such impacted conditions, those portions of any Affected Property that cannot be restored to substantially the preexisting condition shall be restored in accordance with the standards or requirements imposed by Applicable Laws and Requirements to the degree deemed necessary or appropriate by the Agency with jurisdiction to enforce Applicable Laws and Requirements.) Tenant shall proceed continuously and diligently with such Response Actions and these Response Actions shall be performed in accordance with Applicable Laws and Requirements in a good, safe and workmanlike manner by one or more licensed and reputable contractors experienced in the conduct of Response Actions in areas containing significant natural and cultural resources or comparable experience. Such contractor shall not be an Excluded Contractor. Tenant shall pay all Response Costs in connection with such Response Actions chargeable to Tenant, including but not limited to the charges of such contractor(s), all power and utility costs, any and all steps necessary taxes or fees that may be applicable to rectify such activities, and all reasonable costs incurred by Landlord in connection with the same to the satisfaction monitoring or reviewing of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost such Response Actions. Tenant shall promptly provide to Landlord copies of performing rectifying work. The reimbursement all unprivileged testing results and reports generated in connection with the aforementioned activities unless Landlord shall be paid made a party to such Response Actions, in which case Tenant shall provide Landlord in advance of Landlord’s performing with any and all such work, based upon Landlord’s reasonable estimate of the cost thereof; testing results and reports. Promptly upon completion of such work by LandlordResponse Action(s), Tenant shall pay remove all associated Personal Property, debris, materials and the like, to the reasonable satisfaction of Landlord. 22.5 Landlord, at ▇▇▇▇▇▇▇▇’s sole cost and expense, shall have the right, but not the obligation, at all reasonable times and, except in the case of emergency, following advance notice to Tenant, to enter upon the Premises, as may be necessary as determined by Landlord any shortfall within in its reasonable discretion (and for areas closed to the public, upon reasonable prior written notice under the circumstances, given by the Superintendent of GGNRA or his or her designee, reciting the reasons for the entry at least thirty (30) days after in advance where feasible (except in case of emergency)), to conduct inspections and non-invasive tests of the Premises to determine whether Tenant is complying with all Applicable Laws and Requirements. In connection with such inspections, Landlord bills Tenant therefore will use reasonable efforts to minimize disturbance or disruption of Tenant. Landlord shall within thirty (30) days refund have the right, but not the obligation, to retain independent professional consultants to enter the Premises to conduct such inspections and to review any report prepared by or for Tenant concerning such compliance. Upon ▇▇▇▇▇▇’s written request, Landlord will make available to Tenant any excess deposit, as the case may becopies of all final reports and written data obtained by Landlord from such tests and investigations. Tenant expressly recognizes that it shall have no claim against Landlord for injury, loss, or other costs occasioned by any inconvenience to or interference with Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant use of the Premises during the Term as a result of Landlord’s exercise of the rights reserved to it under this Section 22.5, except to the extent such claims are covered by federal law.‌‌ 22.6 In addition to all other indemnity requirements set forth in this Lease, and except as provided in Section 22.7 below, ▇▇▇▇▇▇ expressly agrees to indemnify, protectreimburse, defend (by counsel acceptable to Landlord) save and hold harmless Landlord and Landlord▇▇▇▇▇▇▇▇’s affiliated entities, Agents for and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimsEnvironmental Damages as set forth in, judgmentsand accordance with, causes of actionSections 25.2, damages25.4, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach 25.5 of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the PremisesLease. This indemnity obligation to indemnify shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the survive termination of this Lease. Neither Notwithstanding the written consent by foregoing, this obligation to indemnify shall not apply, with respect to loss, damage, costs, expense, or liability arising out of or attributable to Preexisting Hazardous Materials except to the extent that: (i) the negligence or willful misconduct of Tenant’s or its agents’ and/or other persons or entities under the control of Tenant, causes an exacerbation or migration of such Preexisting Hazardous Materials, or (ii) Tenant or its agents’ and/or other persons or entities under the control of Tenant, cause additional damage to the environment beyond such Preexisting Hazardous Materials. 22.7 This Lease does not create a separate obligation on the part of Tenant and in favor of Landlord to the presence of Respond to Preexisting Hazardous Materials onor in favor of the Army to undertake a Response Action for Army Retained Conditions nor does it limit or expand the rights or defenses of Landlord, the Army or the Tenant with respect to such Preexisting Hazardous Materials (including Army Retained Conditions), as applicable. Consequently, the provisions of Sections 22.4 and 22.6 above and Section 22.8 below shall not apply to Preexisting Hazardous Materials except to the extent that: (a) the negligence or willful misconduct of Tenant’s Agents, Affiliates, employees, guests, visitors, invitees, Occupants and/or other persons or entities under the control of Tenant during the Term causes an exacerbation or about migration of such Preexisting Hazardous Materials, or (b) Tenant’s Agents, Affiliates, employees, guests, visitors, invitees, Occupants and other persons or entities under the control of Tenant during the Term cause additional damage to the environment beyond such Preexisting Hazardous Materials due to a violation of any Applicable Laws and Requirements regarding such Preexisting Hazardous Materials, and (c) except as specifically stated in Sections 22.8 and 22.9 below. This Section does not relieve Tenant of any obligation it might have with regard to third parties or any Agency by operation of Applicable Laws and Requirements, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act. 22.8 Tenant shall be designated as the generator and shall arrange for the removal of any Hazardous Materials Tenant disturbs in connection with its use and operations of the Premises, nor in compliance with Applicable Laws and Requirements, except to the strict compliance extent Landlord undertakes such designation and/or arrangement with respect to Preexisting Hazardous Materials or the Army undertakes such designation and/or arrangement with respect to Army Retained Conditions. Tenant shall arrange for such removal and disposal of such soil with appropriate licensed contractors, at Tenant’s sole cost and expense.‌‌‌‌‌‌ 22.9 Tenant understands and acknowledges that the Premises may contain asbestos, asbestos-containing materials, lead-based paint, and pesticides. Therefore, Tenant hereby agrees that, during the Term, any necessary costs of Response Action with respect to asbestos, asbestos- containing materials, lead-based paint, or pesticides in the Premises or in areas adjacent to the Premises for which access is necessary by Tenant in order to complete the Initial Improvements and/or operate or maintain the Premises shall be the responsibility of Tenant and Landlord shall not be responsible for Response Costs associated therewith. Whenever Tenant constructs the Initial Improvements or Alterations, or performs Maintenance and/or installation on the Premises, Tenant shall comply with all Environmental LawsApplicable Laws and Requirements, including without limitation, Applicable Laws and Requirements related to Response to asbestos, asbestos- containing materials, lead-based paint, and pesticides. Notwithstanding anything to the contrary in this Lease, Tenant shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations not be required to remove asbestos, asbestos-containing materials, lead-based paint, or pesticides unless required to do so pursuant to Applicable Laws and Requirements or if an Agency having jurisdiction over the foregoing indemnity matter requires such removal. 22.10 Tenant shall survive implement the expiration Lead-Based Paint, Asbestos and Hazardous Materials Remediation Plan during any construction activities and for ongoing Maintenance of the Premises. Tenant shall update the Lead-Based Paint, Asbestos and Hazardous Materials Remediation Plan annually as part of the Preservation Plan. 22.11 Should Tenant fail to perform or termination observe any of this Lease.its obligations or agreements pertaining to Hazardous Mate

Hazardous Materials. Tenant Lessee hereby understands and acknowledges that the District has undertaken no internal investigation of its files, examination of its employees, or testing of the Premises with respect to whether the Premises have been used for the generation, storage, treatment or disposal of hazardous materials. With that qualification, the District represents that it has no actual, present knowledge that the Premises have been so used for hazardous materials. Lessee shall not cause nor permitbring any hazardous materials onto the Property, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, Access License except for routine office those contained in its back-up power batteries (lead-acid batteries) and janitorial supplies in usual and customary quantities storedcleaning solvents necessary to the use of its Communications Facility. Lessee will treat all hazardous materials brought onto the Property, used and disposed of Premises, or Access Easement by it in accordance with all applicable Environmental Laws. Tenant federal, state, and Tenant’s Parties shall comply with all Environmental Laws local laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsregulations. In the event of leakage or spillage from any such environmental conditionof Lessee's equipment or any vehicle in the control or custody of Lessee or any contractor or agent for Lessee, Tenant Lessee shall at its own expense promptly take any clean the District's Property, Premises and all steps necessary to rectify the same Access Easement to the reasonable satisfaction of the applicable agencies District, the Environmental Protection Agency and Landlordany public body having jurisdiction in the matter. Any expense of required compliance with federal, state, or shalllocal environmental regulations incurred by the District or Lessee as a direct consequence of Lessee's use of the Property, at Landlord’s electionthe Premises, reimburse Landlord, upon demand, for or the cost to Landlord of performing rectifying work. The reimbursement Access License shall be paid borne by Lessee, including any fines and judgments levied against the District. At all times Lessee shall comply with all federal, state and local laws, statutes, ordinances, and regulations of any kind relating to Landlord the use, storage, control, transportation and disposal of hazardous materials, shall obtain all necessary governmental approvals and permits with respect to the activities and shall fully and completely prepare and shall file all required reports, studies, manifests and environmental impact statements with respect to the same and shall follow all required inspections with respect to the same and shall supply the District evidence of compliance with this section upon the District's request therefor. As used in advance of Landlord’s performing such workthis section, based upon Landlord’s reasonable estimate of the cost thereof; hazardous materials shall mean: A. Hazardous substances" and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, "pollutants and contaminants" as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlorddefined in CERCLA 42 USC Sections 9601(14) and hold harmless Landlord (33) and Landlord’s affiliated entitiesregulations issued pursuant thereto; B. Extremely hazardous substances, hazardous chemicals", and each "toxic chemicals" as defined in the Emergency Planning and Community Right to Know Act, 42 USC Sections 11002(a), 1102I(e), and 11023(c), and regulations issued pursuant thereto; C. Hazardous chemicals" within the meaning of their respective membersOSHA's Hazard Communication Rules, managers29 CFR Section 1910.1200; D. Any such materials regulated under state or local environmental laws and regulations similar to the foregoing federal authorities listed in A through C above; and E. Any materials not covered by, partnersor exempted from, directorsthe sources listed in Sections A - D above, officers, employees, shareholders, lenders, agents, contractors, along with that may nevertheless pose a threat to the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term District's function as a result (directly public water district or indirectly) of to human health or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 welfare or (b) to the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall includeenvironment including, without limitation, the cost of petroleum, including crude oil or any required or necessary repair, cleanup or detoxificationfraction thereof, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseradon.

Hazardous Materials. A. For purposes of this section, "Hazardous Materials" shall include all solid, liquid or gaseous materials defined or regulated as wastes under any federal statute or regulation or any state or local law, regulation or ordinance and shall further include all other substances defined or regulated as pollutants or as hazardous, toxic, infectious, or radioactive substances under any federal statute or regulation or any state or local law, regulation or ordinance, all as amended from time to time. B. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials to be brought upon, stored, manufacturedused, generated, blendedstored or disposed of on, handledunder or about, recycledor transported to or from the Premises (collectively, treated"Hazardous Materials Activities") except in compliance with all applicable federal, state, and local laws, regulations, ordinances and orders governing such Hazardous Materials or Hazardous Materials Activities, which compliance shall be at Tenant's sole cost and expense. Additionally, Tenant shall not cause or permit any Hazardous Materials to be disposed of on, under or used about the Premises without the express prior written consent of the Landlord, which may be withheld for any reason and may be revoked at any time. C. Landlord shall not be liable to Tenant or to any other party for any Hazardous Materials Activities conducted or permitted on, under or about the Premises by Tenant or by Tenant's employees, agents, contractors, licensees or invitees, and Tenant shall indemnify, defend and hold Landlord harmless from any claims, damages, fines, penalties, losses, judgments, costs and liabilities arising out of or related to any Hazardous Materials Activities conducted or permitted on, under or about the Premises by Tenant or by Tenant's employees, agents, contractors. Licensees or invitees, regardless of whether Landlord shall have consented to, approved of, participated in or had notice of such Hazardous Materials Activities. The provisions of this paragraph shall survive the expiration or termination of this lease. D. At the expiration or earlier termination of this lease, Tenant shall remove from the Premises, at Tenant's sole expense, all Hazardous Materials located, stored and disposed of on, under or about the Premises, Tenant shall close, remove or otherwise render safe any buildings, tanks, containers or other facilities related to the Building, Hazardous Materials Activities conducted or permitted on the Common Area or Premises in the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with manner required by all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify laws, regulations, ordinances or orders. E. Landlord in writing represents it has no actual knowledge of the violation of any Environmental Law or presence existence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises and that it has not stored or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost disposed of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under Material on or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

Hazardous Materials. Tenant shall not cause nor permit(a) Landlord will use commercially reasonable efforts to prevent the manufacture, nor allow any Tenant Party to cause storage, sale, use, disposal, release, or permit, any discharge of Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed on or used on, under or about at the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies Project in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any manner that violates Environmental Law or presence which causes there to be any liability under Environmental Law. (b) Tenant will not cause, or allow any of any Tenant's employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants to cause, use or conduct operations on or at the Premises or the Project or manufacture, store, sell, use, dispose of, release, or discharge or permit the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Materials, other than office and janitorial supplies as permitted above, Materials on the Premises. Landlord shall have the right Project in any manner which violates Environmental Law or which causes there to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of be any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may beliability under Environmental Law. Tenant shall will indemnify, protectdefend, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, its officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) agents harmless from and against any and all claims, suits, judgments, causes of actionactions, proceedings, damages, penalties, fines, taxescosts, costsexpenses, liabilities, or losses (including, without limitation, diminution 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, damages arising from any adverse impact on marketing of space, and expenses arising at any time sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees (consultants and experts to be selected by Landlord) which arise during or after the Lease Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of contamination by Hazardous Materials on, under due to the negligence or about the Premises willful misconduct of Tenant or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, 's agents or failure to act, in connection with the Premisescontractors. This indemnity shall includeindemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in the cost of any required soil or necessary repairgroundwater on or under the Premises. Without limiting the foregoing, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to if the presence of any Hazardous Materials onon the Premises or the Project caused or permitted by the negligence or willful misconduct of Tenant or its agents or contractors results in any contamination of the Premises or the Project, under Tenant will promptly take all actions at its sole expense as are necessary to return the Premises or about the PremisesProject to the condition existing prior to the release of any such Hazardous Materials to the Premises or the Project, nor provided that Landlord's written approval of such actions will first be obtained, which approval will not be unreasonably withheld. Landlord shall have the strict right upon reasonable prior notice to enter the Premises to inspect the Premises for Tenant's compliance by Tenant with all Environmental Lawsthis Section. If Landlord has reasonable grounds to believe that a violation exists, shall excuse Tenant from Landlord may retain an environmental consultant to prepare a Phase II report and to consult with Landlord at Tenant’s obligation of indemnification pursuant hereto's expense. Tenant’s 's obligations pursuant to the foregoing indemnity shall under this Section 8.2(b) will survive the expiration or prior termination of this Lease. (c) For purposes of this Lease, "Hazardous Materials" means any explosives, radioactive materials, petroleum products, hazardous wastes, or hazardous or toxic substances, including, without limitation, substances defined as "hazardous substances" or those substances, materials, and wastes listed in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. (s)9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. (s)1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. (s)6901-6987; the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101); the United States Environmental Protection Agency Listing (40 CFR Part 302): 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 hazardous materials, waste, or substances now or at any time hereafter in effect (collectively, "Environmental Law").

Hazardous Materials. Tenant Lessee represents to Lessor, as part of the consideration recited herein that no part of the leased premises shall not cause nor permitbe used by Lessee for disposal, nor allow storage, treatment, processing, manufacturing or other handling of any Tenant Party to cause hazardous wastes, hazardous substances, asbestos or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premisesother materials (collectively, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any foregoing are referred to herein as “Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused ”) deemed hazardous or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating otherwise subject to any federal, state, county or municipal laws, statutes, codes, rules, regulations or ordinances pertaining to the use, handling, release, disposal, storage, treatment, processing or manufacturing of such Hazardous Materials or the environmentsimilar materials and substances (collectively, including surface waterall such laws, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air etc. are referred to herein as “Environmental Laws.”) Lessee expressly acknowledges and includes air, land and water pollutants, noise, vibration, light and odors. In agrees that in the event of any such environmental conditioncontamination by Hazardous Materials shall hereafter occur, Tenant or shall promptly take hereafter be determined to have occurred, arising out of or resulting from Lessee’s occupancy, at, upon, or from the leased premises, such occurrence of contamination shall be deemed, at Lessor’s option, to constitute a default under this Lease Agreement. Lessee hereby covenants and agrees, further, that in the event of the occurrence of any such contamination by Hazardous Materials arising from Lessee’s occupancy of the leased premises, or in the event of the determination that any such contamination of the property has occurred, Lessee shall be obligated, whether or not required by law, immediately to clean-up, remove, resolve, minimize the impact of or otherwise to remediate (any and all steps necessary such activities being referred to rectify the same to the satisfaction generally as “Remedation”) any such contamination of the applicable agencies property. Lessee shall indemnify Lessor for, and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Lessor harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against against, any and all claims, judgmentsliabilities, causes of action, damagesdemands, penalties, fineslosses, taxescosts and expenses, costsincluding, liabilitiesbut not limited to, losses attorney’s fees and expenses arising at any time during costs of Remediation, which may be suffered, paid or after the Term incurred by Lessor with respect to, or as a direct or indirect result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) of, the presence on or under, of the escape, seepage, leakage, spillage, discharge, emissions or release upon or from the leased premises of any Hazardous Materials onor any contamination by Hazardous Materials, under that may arise out off or about result from the Premises or other property as a result (directly or indirectly) Lessee’s use and occupancy of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseleased premises.

Hazardous Materials. Except as otherwise explicitly provided herein, Tenant shall not cause nor permitbring, nor allow use, store, process, release, dispose of or generate on or about the Premises or the Building, for any Tenant Party to cause or permitreason, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental LawsMaterials. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any “Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to substance that now or in the future is regulated by or is defined as a toxic, dangerous or hazardous substance or pollutant under any Hazardous Materials or Laws. Tenant shall be responsible and liable for compliance with the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air foregoing by all of Tenant’s Representatives and includes air, land and water pollutants, noise, vibration, light and odorsTenant’s Visitors. In the event of any such environmental conditionviolation of these provisions, Tenant shall promptly take cease such violation and remove, remediate, clean up and dispose of any Hazardous Materials and transport them from the Building, all steps necessary in full compliance with applicable Laws and the other provisions of this Lease, and if Tenant fails to rectify do so promptly and properly, Landlord shall have the same right, but not the obligation, to the satisfaction perform all of the applicable agencies and Landlordforegoing at Tenant’s cost, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost after giving Tenant written notice of its intent to Landlord of performing rectifying workdo so. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to reimburse Landlord any shortfall all costs it so incurs (including consultants’ and reasonable attorneys’ fees) within thirty ten (3010) days after written demand, together with interest at the Interest Rate (defined in Section 16.2) from the date incurred to the date reimbursed and Tenant shall also pay, be responsible for and make Landlord bills Tenant therefore whole for all damages, fines and penalties assessed against the Building or Landlord shall within thirty (30) days refund and for all losses, injuries or damages of any kind attributable to Tenant the diminution of value, loss of use or adverse effects on any excess depositportion of the Building arising from or related to any violation of the requirements of this Section 33 by Tenant, as the case may beTenant’s Representatives or Tenant’s Visitors. Tenant shall indemnifyat all times defend, protect, defend (by counsel acceptable to Landlord) indemnify, and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective its partners, members, managers, partnersemployees or agents, and any shareholders, directors, officers, employeespartners, shareholdersmembers, lendersmanagers, agents, contractors, along with the successors and assigns agents or employees of any of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses Claims (defined in Section 10.1) arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with (a) Tenant and/or related to any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials onbrought to the Building by Tenant, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant PartyRepresentatives or Tenant’s activities, or failure to act, Visitors. Notwithstanding the foregoing (i) Hazardous Materials normally used in connection with the Business and (ii) normal quantities and use of those Hazardous Materials customarily used in the conduct of general office activities, such as copier fluids and cleaning supplies, may be used and stored at the Premises. This indemnity , provided that such activities of Tenant shall include, without limitation, comply with all Laws and shall be at Tenant’s sole risk and responsibility and that Tenant shall promptly remove all of such Hazardous Materials from the cost of any required Building upon the expiration or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence The provisions of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity this Section 33 shall survive the expiration or termination of this Lease.

Hazardous Materials. Tenant shall not cause nor permituse, nor allow generate, handle, ----------------------------------- store, release, dispose of or transport any Tenant Party to Hazardous Materials, or cause or permitpermit the use, handling, storage, disposal, release or threat of release of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, in, upon or under the Property and/or the Premises, or about any part thereof. Tenant shall execute such affidavits, representations and the like, from time to time, as, may be requested by Landlord concerning Tenant's best knowledge and belief regarding the presence of Hazardous Materials in the Premises and/or the Property. Without limiting the foregoing, Tenant shall be responsible, at its expense, for all matters directly or indirectly based on, or arising or resulting from the actual or alleged presence of Hazardous Materials in the Premises, the Building, the Common Area Building or the ProjectProperty which is caused or permitted by Tenant or anyone acting by, except for routine office through or under Tenant. If the transportation, storage, use or disposal of any Hazardous Materials anywhere on the Property in connection with Tenant's use of the Premises results in (1) contamination of the soil or surface or ground water or (2) loss or damage to person(s) or property, then Tenant shall (i) notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation and janitorial supplies approval by Landlord, clean up the contamination in usual and customary quantities stored, used and disposed of in accordance full compliance with all applicable Environmental Laws, and (iii) indemnify, defend and hold Landlord harmless from and against any losses, claims, actions, demands, costs, expenses, judgments and liabilities (including reasonable attorneys fees) arising from or connected with any such contamination, claim of contamination, loss or damage. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Environmental Laws for and with respect to the foregoing. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly immediately notify Landlord in writing of the violation upon Tenant's receipt of any Environmental Law inquiry, notice, or presence threat to give notice by any governmental authority or any other third party with respect to any Hazardous Materials. Landlord shall not cause or permit the escape, disposal, release or threat of release of any Hazardous MaterialsMaterials on, other than office and janitorial supplies as permitted abovein, on upon or under the Property or the Premises. Landlord shall have not allow the right generation, storage, use or disposal of such Hazardous Materials in any manner not sanctioned by Environmental Laws or by the highest standards prevailing in the industry for the generation, storage, use and disposal of such Hazardous Materials, nor allow to enter upon and inspect be brought into the Premises and to conduct testsor the Property, monitoring and investigations. If any such tests indicate Hazardous Materials except for use in the presence ordinary course of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsbusiness. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or Landlord shall, at Landlord’s electionits own expense, reimburse Landlordremove, upon demandclean up, for remedy and dispose of (in compliance with all applicable laws, rules and regulations) all Hazardous Materials generated or released by the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partnersits officers, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoingservants, (individually and collectivelyinvitees, “Indemnitees”) from and against agents or any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time other person acting under Landlord during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 Lease at or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about from the Premises, nor the strict Building or the Property in compliance by Tenant with all Environmental Laws. In performing its obligations hereunder, the Landlord shall excuse Tenant from Tenant’s obligation use reasonable efforts to avoid interference with the use and enjoyment of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity Building and the Property by other tenants and occupants thereof The provisions of this Section 13.9 shall survive the expiration or termination of this Lease.

Hazardous Materials. (a) Tenant shall agrees that it will not cause nor permitrelease, nor allow any Tenant Party to cause discharge, place, hold, or permit, dispose of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used Material (as hereinafter defined) on, under or about at the Premises, in the Building, or on the Land, and that it will not use the Premises, the Building, the Common Area Land, or any other portion thereof as a site for the Projecttreatment, except for routine office and janitorial supplies in usual and customary quantities storedstorage, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence disposal (whether permanent or temporary) of any Hazardous Materials, other than office and janitorial supplies as permitted above, on Material. Tenant further agrees that it will not cause or allow any asbestos to be incorporated into any improvements or alterations which Tenant makes or causes to be made to the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Building. (b) Tenant shall promptly take any and all steps necessary hereby agrees to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (with counsel reasonably approved by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimslosses, judgments, causes of actionliabilities, damages, penalties, fines, taxesinjuries, costs, liabilitiesexpenses and claims of any and every kind whatsoever (including without limitation, losses court costs and expenses arising attorneys’ fees at all tribunal levels) which at any time during or after the Term from time to time may be paid, incurred or suffered by, or asserted against Landlord for, with respect to, or as a direct or indirect result of (directly or indirectlyi) any breach by Tenant of or in connection with (a) Tenant and/or any Tenant Party’s breach the provisions of this Article 51 Paragraph, or (bii) as a direct or indirect result of the acts or omissions of Tenant or any agent, employee, invitee, licensee, or independent contractor of Tenant, the presence of Hazardous Materials on, under on or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesunder, or failure to actthe escape, in connection with seepage, leakage, spillage, discharge, emission, or release from, onto, or into the Premises. This indemnity shall include, the Building, the Land, the atmosphere, or any watercourse, body of water, or groundwater, of any Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under the cost Comprehensive Environmental Response, Compensation and Liability Act, any so-called “Superfund” or “Superlien” law, or any other Federal, state, local or other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any required or necessary repair, cleanup or detoxification, Hazardous Material); and the preparation provisions of and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following undertakings and indemnification set forth in this paragraph shall survive the termination or expiration of this Lease, for any reason, and shall continue to be the liability, obligation and indemnification of Tenant, binding upon Tenant forever. Neither The provisions of the written consent by preceding sentence shall govern and control over any inconsistent provision of this Lease. (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 in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called “Superfund” or “Superlien”, law, 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, toxic or dangerous, waste, substance or material, gas or petroleum product, and “Applicable Laws” shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called “Superfund” or “Superlien”, law, 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, toxic or dangerous, waste, substance or material, gas or petroleum product. (d) Tenant shall provide Landlord to the presence with a list of any and all Hazardous Materials onreleased, under discharged, placed, held, or about disposed of on the Premises, nor the strict and certification to Landlord of compliance by Tenant with all Environmental Applicable Laws, shall excuse Tenant from Tenant’s obligation within ten days of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasea request therefor by Landlord.

Hazardous Materials. Tenant shall not cause nor permitWithout limiting the generality of the provisions of this Article 9, nor allow any Tenant Party to cause or permitTenant, any Hazardous Materials to be brought uponat its sole cost and expense, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws statutes, ordinances, rules and promptly notify Landlord in writing regulations of governmental authorities relating to the violation storage, use, transportation, release and/or disposal of radioactive materials, hazardous waste, toxic or contaminated substances or similar materials, including, without limitation, any Environmental Law substances which are “hazardous substances” , “hazardous waste”, “hazardous materials” or presence “toxic substances” under applicable federal, state and local environmental statutes, ordinances, rules or regulations (collectively, “Hazardous Materials”). Tenant shall not store, use, transport, release or dispose of any Hazardous MaterialsMaterials in, other than office and janitorial supplies as permitted aboveon, on the Premises. Landlord shall have the right to enter upon and inspect from or about the Premises and to conduct tests, monitoring and investigations. If such tests indicate without the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance prior written consent of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall be solely responsible for and shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entitiesits officers, and each of their respective membersdirectors, managersshareholders, partners, directorsmembers, officersagents, employees, shareholders, lenders, agents, contractors, along with the invitees, representatives, successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) harmless from and against any and all losses, costs, claims, judgmentsdamages, liabilities and causes of action, damagesincluding attorneys’ fees, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 the storage, use, transportation, release or (b) the presence disposal of Hazardous Materials by Tenant, its employees, agents, contractors or invitees, including any claims for the clean-up or remediation of any Hazardous Materials. Tenant shall give to Landlord written notice of any communication received by Tenant from any governmental authority or other party alleging the existing of Hazardous Materials in, on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesthe Building, or failure any alleged violation of environmental laws with respect to act, in connection with the PremisesPremises or the Building. This indemnity shall include, without limitation, the cost of Without limiting any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination provision of this Lease. Neither , Tenant shall provide Landlord with access to the written consent by Premises during all reasonable times in order to enable Landlord to conduct any inspection, monitoring, remediation, removal or repair relating to the presence or alleged presence of Hazardous Materials onin, on under or about the PremisesPremises or the Building. Notwithstanding the above, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation to comply with environmental laws does not apply to any pre-existing contamination, including remediation of indemnification pursuant heretoany existing asbestos. Tenant’s obligations pursuant And Landlord will defend and indemnify Tenant against any claims related to the foregoing indemnity shall survive the expiration or termination of this Leasepre-existing contamination and contamination caused by any Landlord-related party.

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to (i) cause or permit, permit any Hazardous Materials to be brought uponinto or onto the Center, stored(ii) cause or permit the storage, manufacturedhandling, generatedor use of Hazardous Materials in any manner not permitted by any Requirements, blendedor (iii) cause or permit the escape, handleddisposal or release of any Hazardous Materials within or in the vicinity of the Center. Nothing herein shall be deemed to prevent Tenant's use of commercially available cleansers which may contain Hazardous Materials; provided that (i) such cleansers are ordinarily and customarily used in the operation of health club facilities, recycledand (ii) any such use is in accordance with all Requirements. Tenant shall be responsible, treatedat its expense, disposed for all matters directly or used indirectly based on, under or about arising or resulting from, the actual or alleged presence of Hazardous Materials in the Premises, the Building, the Common Area Building or the ProjectCenter which arises out of or results from Tenant, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing 's use of the violation Premises, those acting on behalf of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party Party. Tenant shall provide to Landlord copies of all communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and any claims made in connection therewith. Landlord or arising during Tenant’s or its agents may perform environmental inspections of the Premises at any Tenant Party’s occupancytime. Without limitation, Tenant shall reimburse agrees (A) to notify Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event immediately of any such environmental conditioncontamination, Tenant shall promptly take any claim of contamination, loss or damage in connection with Hazardous Materials, (B) after consultation with and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work approval by Landlord, Tenant shall pay to Landlord any shortfall within thirty clean up the contamination in full compliance with applicable Requirements, and (30C) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgmentssuits, causes of action, damagescosts and fees, penaltiesincluding attorneys' fees, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) out of or resulting from any such contamination, claim of contamination, loss or damage. No consent or approval of Landlord shall in connection with (a) Tenant and/or any Tenant Party’s breach way be construed as imposing upon Landlord any liability for the means, methods or manner of this Article 51 or (b) the presence of Hazardous Materials onremoval, under or about the Premises containment or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection compliance with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseapplicable Requirements.

Hazardous Materials. Landlord and Tenant shall not cause nor permit, nor allow any Tenant Party agree as follows with respect to cause the existence or permit, any use of Hazardous Materials to be brought uponon the Property: A. Any handling, storedtransportation, manufacturedstorage, generatedtreatment, blendeddisposal or use of Hazardous Materials by Tenant, handledits agents, recycledemployees, treated, disposed contractors or used on, under invitees after the Effective Date of this Lease in or about the Premises, the Building, the Common Area Building or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance Land shall strictly comply with all applicable Environmental Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and Tenant’s Parties shall comply with hold harmless landlord from and against any and all Environmental Laws liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, court costs, remediation costs, investigation costs, and promptly notify Landlord other expenses which result from or arise in writing any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Premises, Building or Land by Tenant, Tenant's agents, employees, contractors or Invitees in violation of any Environmental Law or Hazardous Materials Laws after the Effective Date. B. If the presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Materials on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition Building or Land caused or exacerbated permitted by Tenant Tenant, Tenant's agents, employees, contractors, or Invitees in violation of Hazardous Materials Laws after the Effective Date of this Lease results in contamination or deterioration of water or soil or any Tenant Party other part of the Premises, Building or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Land then Tenant shall promptly take any and all steps action necessary to rectify the same to the satisfaction of the applicable agencies investigate and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing remediate such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may becontamination. Tenant shall indemnifyfurther be solely responsible for, protectand shall defend, defend (by counsel acceptable to Landlord) indemnify and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) its agents harmless from and against any and all claims, judgmentscosts and liabilities, causes of action, damages, penalties, fines, taxes, including reasonable attorney's fees and costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with any investigation and remediation (aincluding investigative analysis, removal, cleanup, and/or restoration work) required hereunder to return the Premises, Building or Land to their 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 which relates to the Premises, Building or Land, and (ii) any contamination of the Premises, Building or Land by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Tenant acknowledges that Landlord, as the owner of the Premises, Building and Land, at Landlord's election, shall have the sole right at Tenant's expense to negotiate, defend, approve, and/or appeal any action taken or order issued with regard to Hazardous Materials by any applicable governmental authority. Tenant Party’s breach may use small quantities of this Article 51 household and office chemicals such as adhesive, lubricants, and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials as are necessary to the operation of Tenant's business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises, Building or Land (bor any portion thereof) and which Landlord consents in writing may be brought onto the Premises, Building or Land. In granting Landlord's consent, Landlord may specify the location and manner or use, storage, or handling of any Hazardous Material. Landlord's consent shall in no way relieve Tenant from any of its obligations as contained herein. Tenant shall notify Landlord in writing at least ten (10) days prior to Tenant's first bringing any Hazardous Material on the Premises, Building or Land. Tenant shall provide Landlord with a list of all Hazardous Materials and the quantities of each Hazardous Material to be stored, or used, on any portion of the Property, and upon Landlord's request Tenant shall provide Landlord with copies of any and all Hazardous Materials Management Plans, Material Safety Data Sheets, Hazardous Waste Manifests, and other documentation required by Hazardous Materials Laws to be maintained or received by Tenant pertaining to the Hazardous Materials used, stored, or transported or to be used, stored, or transported on any portion of the Premises, Building or Land. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Premises, Building or Land (or have been used by Tenant on the Premises, Building or Land), the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing well▇ ▇▇ be installed on the Land 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 supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such well▇ ▇▇▇ll be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in A and/or B above. Landlord at its sole cost may retain consultants to inspect the Property, conduct periodic environmental audits, and review any information provided by Tenant. Tenant shall pay the reasonable cost of fees charged by Landlord and/or Landlord's consultants if such inspections or audits disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in Paragraphs 20.A. and B. above. E. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials on, under or about from the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesthat it brought onto the Premises pursuant to Subparagraph C. hereof and shall, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any if required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials onLaws, under provide a certificate to Landlord from a registered consultant reasonably satisfactory to Landlord, certifying that Tenant has caused no contamination of building(s), soil or ground water in or about the Premises, nor Building and or Land. If Tenant fails to so surrender the strict compliance Premises, Building or Land, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Premises, Building or Land as required by this Subsection, including, without limitation, any claims or actual, but not consequential, damages in connection with the condition of the Premises, Building or Land, excluding, damages occasioned by the inability to lease the Premises, Building or Land (or any portion thereof) or a reduction in the fair market and/or rental value of the Premises, Building or Land. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials used, stored, handled, transported or disposed of by Tenant with all Environmental Lawsor its agents, shall excuse Tenant employees, contractors or invitees in violation of Hazardous Materials Laws from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant the Premises, Building or Land, and such action is not completed prior to the foregoing indemnity shall survive the expiration or earlier termination of this the Lease, Tenant shall be deemed to have held over until such time as such required action is completed, and Tenant shall pay rent and Additional Rent in accordance with the terms of Paragraph 24 (Holding Over). In addition, Landlord shall be entitled to all damages directly incurred in connection with such holding over, excluding, without limitation, damages occasioned by the inability to Lease the Premises, Building or Land or a reduction of the fair market value and/or rental of the Premises, Building or Land. F. As used herein, the term "Hazardous Materials(s)" means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any federal, state, regional or local governmental authority because it is in any way hazardous, toxic, carcinogenic, mutagenic or otherwise adversely affects any part of the environment or creates risks of any such hazards or effects, including, but not limited to, petroleum; asbestos, and polychlorinated bipheyls and any material, substance, or waste (a) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117

Hazardous Materials. Tenant Grantee shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office at all times and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall respects comply with all Environmental Laws federal, state and promptly notify Landlord in writing of local laws, ordinances and regulations (“Hazardous Materials Laws”) relating to industrial hygiene, environmental protection or the violation use, analysis, generation, manufacture, storage, disposal or transportation of any Environmental Law hydrocarbon material, flammable explosives, asbestos, urea formaldehyde, radioactive materials or presence of 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, other than office and janitorial supplies as permitted above, on the Premises”). Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant Grantee shall indemnify, protectdefend, defend (by counsel acceptable to Landlord) protect and hold harmless Landlord and Landlord’s affiliated entitiesGrantor, the Property, and each of their respective members, managers, Grantor’s partners, directors, officers, employees, shareholders, lenders, agents, contractorsattorneys, along with the successors and assigns of the foregoingassigns, (individually free and collectively, “Indemnitees”) harmless from and against any and all claims, judgments, causes of action, damagesliabilities, penalties, fines, taxes, costs, liabilitiesforfeitures, losses and or expenses (including reasonable attorney’s fees) for death of or injury to any person or damage to any property whatsoever, arising at any time during from or after the Term as a result (caused in whole or in part, directly or indirectly) of or in connection with , by (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises Property or other property as a result (directly discharge in or indirectly) from the Property of Tenant’s and/or any Tenant Party’s activitiesHazardous Materials attributable to Grantee, its agents, contractors or employees, or (b) Grantee’s failure to act, in connection comply with the Premisesany Hazardous Materials Law. This indemnity Grantee’s obligations hereunder shall include, without limitation, the cost and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification, detoxification or decontamination of the Property and the preparation and implementation of or any closure, monitoring remedial action or other required plansplans in connection therewith, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity and shall survive the expiration or earlier termination of the term of this LeaseAgreement. For purposes of the release and indemnity provisions hereof, any acts or omissions of Grantee, or by employees, agents, assignees, contractors or subcontractors of Grantee or others acting for or on behalf of Grantee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Grantee.

Hazardous Materials. Landlord represents and warrants to Tenant shall that Landlord, to Landlord’s current actual knowledge, (i) has not, at any time, used or permitted the use of any portion of Tenant’s Premises, the Building or the parking facilities in violation of any governmental laws, statutes, ordinances, regulations or orders relating to health, industrial hygiene or the environmental conditions (“Regulations”), and (ii) has not cause nor permitused or permitted storage, nor allow any Tenant Party to cause disposal or permit, generation of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used Material (as defined below) on, under or about the Tenant’s Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance compliance with all applicable Environmental Lawsthe Regulations. Tenant represents and warrants to Landlord that Tenant will not, at any time, use or permit the use of any portion of Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord Premises, the Building or the parking facilities in writing of the violation of any Environmental Law Regulations on, under or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during about Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environmentPremises, including surface but not limited to, the soil and ground water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) defend, indemnify and hold Landlord harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimslosses, judgmentscosts (including reasonable attorneys’ fees), causes liabilities and claims arising from the violation by Tenant, its employees, agents, representatives or invitees of actionany of the Regulations that may affect Tenant’s Premises or the Project and shall assume full responsibility and cost to remedy such violations, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising provided that the violations are not the result of any action or inaction on the part of Landlord. Tenant shall not at any time during use, generate, store or after the Term as a result (directly or indirectly) dispose of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesPremises, or failure the Project or transport to actor from the same any hazardous wastes, in connection toxic substances or related material (“Hazardous Materials”) or permit or allow any third party to do so, without compliance with the Premisesall Regulations. This indemnity Hazardous Materials shall include, without limitationbut shall not be limited to, substances defined as “hazardous substances” or “toxic substances” in the cost Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq.; the Resource Conversation Recovery Act, 42 U.S.C. Section 6901 et seq.; those substances (i) which are or become defined as “hazardous waste” or “hazardous substance” or which require investigation or remediation under any required Regulation, (ii) which are toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic or necessary repairmutagenic, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to (iii) the presence of Hazardous Materials on, under which causes or threatens to cause a nuisance upon or threatens the health or safety of persons on or about the PremisesProject or adjacent properties, nor the strict compliance by Tenant with all Environmental Lawsand (iv) which contains gasoline, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration diesel fuel or termination of this Leaseother petroleum hydrocarbons.

Hazardous Materials. Tenant Licensee shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, used, stored, manufactured, generated, blended, handled, recycledtreated, generated in or about, or released or disposed of from, the Licensed Premises or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Licensee or any of its respective officers, directors, employees, managers, agents, invitees and contractors (each, a “Licensee Related Party”). If Licensee breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials in the Licensed Premises during the Term, any holding over, or during any other period of occupancy of the Licensed Premises by Licensee results in contamination of the Licensed Premises, the Project or any adjacent property or if contamination of the Licensed Premises, the Project or any adjacent property by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed or used on, under or about the Premisesof from, the BuildingLicensed Premises by anyone other than Licensor and Licensor’s employees, agents and contractors otherwise occurs during the Common Area Term, any holding over, or during any other period of occupancy of the Licensed Premises by Licensee, Licensee hereby indemnifies and shall defend and hold Licensor, its officers, directors, employees, agents and contractors harmless from any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Licensed Premises or the Project, except for routine office and janitorial supplies in usual and customary quantities storedor the loss of, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing or restriction on, use of the violation Licensed Premises or any portion of the Project), expenses (including, without limitation, reasonable attorneys’, consultants’ and experts’ fees, court costs and amounts paid in settlement of any Environmental Law claims or presence of any Hazardous Materialsactions), fines, forfeitures or other than office and janitorial supplies as permitted abovecivil, on the Premises. Landlord shall have the right to enter administrative or criminal penalties, injunctive or other relief (whether or not based upon and inspect the Premises and to conduct testspersonal injury, monitoring and investigations. If such tests indicate the presence of any environmental condition caused property damage, or exacerbated by Tenant contamination of, or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancyadverse effects upon, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface waterwater tables or natural resources), groundwater, drinking water supply, land, surface liabilities or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same losses to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses extent arising at any time during or after the Term as a result (directly or indirectly) of or such contamination. This indemnification of Licensor by Licensee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by any federal, state or local governmental authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Licensed Premises and for which Licensee is responsible pursuant to the terms hereof. Without limiting the foregoing, if the presence of any Hazardous Materials on the Licensed Premises, the Building, the Project or any adjacent property caused or permitted by Licensee or any Licensee Related Party results in any contamination of the Licensed Premises, the Building, the Project or any adjacent property, Licensee shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the Licensed Premises, the Building, the Project or any adjacent property to the condition existing prior to the time of such contamination, provided that Licensor’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Licensed Premises, the Building or the Project. Notwithstanding anything to the contrary contained in this Section 5 or in Section 7, Licensee shall not be responsible for the clean-up or remediation of, and the indemnification and hold harmless obligations set forth in this paragraph shall not apply to (ai) Tenant and/or any Tenant Party’s breach of this Article 51 contamination in the Licensed Premises which Licensee can demonstrate existed in the Licensed Premises immediately prior to the License Commencement Date, or (bii) the presence of any Hazardous Materials onin the Licensed Premises which Licensee can prove to Licensor’s reasonable satisfaction migrated from outside of the Licensed Premises into the Licensed Premises, unless in either case, the presence of such Hazardous Materials (x) is the result of a breach by Licensee of any of its obligations under this Agreement, or about (y) was caused, contributed to or exacerbated by Licensee or any Licensee Related Party. In connection with Licensee’s use of the Licensed Premises, Licensee shall be allowed to utilize up to its pro rata share of the Hazardous Materials inventory within the control area (located within the Licensed Premises) identified as Control Area 6 on Exhibit D attached hereto, as designated by the applicable building code, for chemical use or storage. As used in the preceding sentence, Licensee’s pro rata share of any control areas or zones located within the Licensed Premises shall be determined based on the rentable square footage that Licensee licenses within the applicable control area or other property zone. For purposes of example only, if a control area or zone contains 10,000 rentable square feet and 2,000 rentable square feet of a tenant’s premises are located within such control area or zone (while such premises as a result whole contains 5,000 rentable square feet), the applicable tenant’s pro rata share of such control area would be 20%. Additionally, (directly or indirectlyi) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with Licensee’s use of the Premises. This indemnity Suite 100 HazMat Storage Area (as defined in Section 6(b)(i) below), Licensee shall include, without limitation, be allowed to utilize 50% of the cost of any required or necessary repair, cleanup or detoxificationHazardous Materials inventory within the control area (located within the Suite 100 HazMat Storage Area) identified as Control Area 3 on Exhibit D, and (ii) in connection with Licensee’s use of the preparation and implementation Suite 150 HazMat Storage Area (as defined in Section 6(a)(i) below), Licensee shall be allowed to utilize 100% of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under inventory within the control area (located within the Suite 150 HazMat Storage Area) identified as Control Area 4 on Exhibit D. Licensee shall have no right to use or about install any underground storage tanks at the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this LeaseProject.

Hazardous Materials. Neither Tenant nor Tenant’s agents or employees shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials Material, as hereinafter defined, to be brought upon, stored, manufacturedused, generated, blendedreleased into the environment, handled, recycled, treated, or disposed or used of on, under in, under, or about the Premises, 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 and with good business practices. Tenant covenants to remove from the Premises (or the Building, if applicable), upon the Common Area expiration or the Project, except for routine office sooner termination of this Lease and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and at Tenant’s Parties shall comply with all Environmental Laws sole cost and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materialsexpense, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and LandlordHazardous Materials brought upon, stored, used, generated, or shallreleased into the environment by Tenant, at LandlordTenant’s electionprincipals, reimburse Landlordagents, upon demandemployees, for contractors, or invitees during the cost to Landlord tem1 of performing rectifying workthis Lease. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of To the cost thereof; and upon completion of such work fullest extent permitted by Landlordlaw, Tenant shall pay hereby agrees to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess depositindemnify, as the case may be. Tenant shall indemnifydefend, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord, Landlord’s affiliated entitiesmanaging agent and their respective agents and employees, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoingassigns, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, and losses and expenses arising at any time that arise during or after the Term as a result (term directly or indirectly) of indirectly from the use, storage, disposal, release, or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under in, or about the Premises or other property as a result (directly or indirectly) which occurs during the term of this Lease and caused by Tenant, Tenant’s and/or any Tenant Party’s activitiesprincipals, agents, employees, contractors, or failure to actinvitees. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, in connection with on, or about the PremisesPremises that Tenant or Tenant’s agents or employees become aware of during the term of this Lease, whether caused by Tenant, Tenant’s agents or employees, or any other persons or entities. This indemnity As used herein, the term “Hazardous Materials” shall mean any hazardous or toxic substance, material, or waste which is or becomes regulated by any local or state governmental authority or the United States Government. The term “Hazardous Materials” shall include, without limitation, the cost of any required material or necessary repairsubstance that is (i) defined as a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” “‘hazardous substance,” “‘hazardous material,” or “waste” under any federal, cleanup state, or detoxificationlocal law, (ii) petroleum, and (iii) asbestos. The provisions of this Section 21, including, without limitation, the preparation and implementation of indemnification provisions set forth herein, shall survive any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord represents and warrants to Tenant that to the presence best of Landlord’s knowledge that there are no Hazardous Materials in, on, under under, or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation Premises in violation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseapplicable Jaws.

Hazardous Materials. Tenant Trustor shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials Material (as defined in Section 6.9.1 of the Development Agreement) to be brought upon, storedkept, manufactured, generated, blended, handled, recycled, treated, disposed stored or used in, on, under, or about the Land by Trustor, its agents, employees, contractors or invitees except for incidental supplies ordinarily used in the construction and operation of the Project in compliance with all applicable laws, and shall not cause any release of Hazardous Materials into, onto, under or through the Land. If any Hazardous Material is discharged, released, dumped, or spilled in, on, under, or about the Land and results in any contamination of the Land or adjacent property, or otherwise results in the release or discharge of Hazardous Materials in, on, under or about from the PremisesLand, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with Trustor shall promptly take all applicable Environmental Laws. Tenant and Tenant’s Parties shall actions at its sole expense as are necessary to comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies (as permitted above, on the Premisesdefined below). Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant Trustor shall indemnify, protect, defend (by with counsel reasonably acceptable to Landlord) Beneficiary), and hold harmless Landlord Beneficiary and Landlord’s affiliated entities, its elected and each of their respective members, managers, partners, directorsappointed officials, officers, employees, shareholders, lenders, agents, contractors, along with the successors agents and assigns of the foregoing, employees (individually and collectively, “Indemnitees”) harmless from and against any and all claimsloss, judgmentsclaim, causes liability, damage, demand, judgment, order, penalty, fine, injunctive or other relief, cost, expense (including reasonable fees and expenses of attorneys, expert witnesses, and other professionals advising or assisting Beneficiary), action, damagesor cause of action (all of the foregoing, penalties, fines, taxes, costs, liabilities, losses hereafter individually “Claim” and expenses collectively “Claims”) arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premisesbreach of Trustor’s covenants and obligations set forth in this Section 7.9or otherwise arising in connection with the presence or release of Hazardous Materials in, on, under, or from the Property. This The foregoing indemnity shall includeincludes, without limitation, the cost all costs of investigation, assessment, containment, removal, remediation of any required or necessary repair, cleanup or detoxificationkind, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence disposal of Hazardous Materials onMaterials, under or about all costs of determining whether the Premises, nor the strict Land is in compliance by Tenant with all Environmental Laws, all costs associated with bringing the Land into compliance with all applicable Environmental Laws, and all costs associated with claims for damages or injury to persons, property, or natural resources. Without limiting the generality of the foregoing, Trustor shall, at Trustor’s own cost and expense, do all of thefollowing: (i) pay or satisfy any judgment or decree that may be entered against any Indemnitee or Indemnitees in any legal or administrative proceeding incident to any matters against which Indemnitees are entitled to be indemnified under this Performance Deed of Trust; (ii) reimburse Indemnitees for any expenses paid or incurred in connection with any matters against which Indemnitees are entitled to be indemnified under this Performance Deed of Trust; and (iii) reimburseIndemnitees for any and all expenses, including without limitation out-of- pocket expenses and fees of attorneys and expert witnesses, paid or incurred in connection with the enforcement by Indemnitees of their rights under this Performance Deed of Trust, or in monitoring and participating in any legal or administrative proceeding. Trustor's obligation to indemnify the Indemnitees shall excuse Tenant not be limited or impaired by any of the following, or by any failure of Trustor to receive notice of or consideration for any of the following: (i) any amendment or modification of the Development Agreement; (ii) any extensions of time for performance required by the Development Agreement; (iii) any provision of the Development Agreement limiting Beneficiary's recourse to property securing the Secured Obligations, or limiting the personal liability of Trustor, or any other party for payment of all or any part of the Secured Obligations; (iv) the accuracy or inaccuracy of any representation and warranty made by Trustor under this Performance Deed of Trust or by Trustor or any other party under any documents, (v) the release of Trustor or any other person, by Beneficiary or by operation of law, from Tenantperformance of any obligation under the Development Agreement; (vi) the release or substitution in whole or in part of any security for the Secured Obligations; and (vii) Beneficiary’s obligation failure to properly perfect any lien or security interest given as security for the Secured Obligations. The provisions of this Section 7.9 shall be in addition to any and all other obligations and liabilities that Trustor may have under applicable law, and each Indemnitee shall be entitled to indemnification pursuant heretounder this Section without regard to whether Beneficiary or that Indemnitee has exercised any rights against the Property or any other security, pursued any rights against any guarantor or other party, or pursued any other rights available under the Development Agreement or applicable law. Tenant’s The obligations pursuant of Trustor to indemnify the foregoing indemnity Indemnitees under this Section shall survive any repayment or discharge of the expiration or termination Secured Obligations, any foreclosure proceeding, any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of the lien of this LeasePerformance Deed of Trust. Without limiting any of the remedies provided in this Performance Deed of Trust, Trustor acknowledges and agrees that each of the provisions in this Section 7.9 is an environmental provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure) made by Trustor relating to real property security (the “Environmental Provisions”), and that Trustor's failure to comply with any of the Environmental Provisions will be a breach of contract that will entitle Beneficiary to pursue the remedies provided by Section 736 of the California Code of Civil Procedure (“Section 736”) for the recovery of damages and for the enforcement of the Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of damages or enforcement of the Environmental Provisions shall not constitute an action within the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money judgment for a deficiency or a deficiency judgment within the meaning of Sections 580a, 580b, 580d, or 726(b) of the California Code of Civil Procedure.

Hazardous Materials. Tenant shall agrees that it will not cause nor permitplace, nor allow hold or dispose of or discharge any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used “hazardous materials” on, under or about at the Leased Premises (or into the sewer or waste disposal systems serving the Leased Premises), the Building, the Common Area or the ProjectReal Property, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law “environmental laws”. Tenant further agrees that it will not cause or presence of allow any Hazardous Materials, other than office and janitorial supplies as permitted above, on asbestos or PCBs to be disturbed by or incorporated into any improvements or alterations which it shall make or cause to be made to the Leased Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct testsAs used herein, monitoring and investigations. If “hazardous materials” means any products, substances, pollutants, material or waste that is regulated under, or considered hazardous or toxic defined as such tests indicate the presence of any environmental condition caused in (or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase purposes of), “environmental conditionlaws.” shall mean As used herein, “environmental laws” means the Comprehensive Environmental Response, Compensation and Liability Act, any adverse condition relating so- called “Superfund” or “Superlien” law, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Clean Water Act, and any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree concerning or related to any Hazardous Materials pollution or protection of the environment, including surface waterincluding, groundwaterwithout limitation, drinking water supplyall those relating to the presence, landuse, surface production, generation, handling, transportation, treatment, storage, disposal, testing, processing, discharge, spill, release, threatened release, control, or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event cleanup of any such environmental condition, “hazardous materials.” Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordpay, or shallperform, at Landlord’s electiondischarge, reimburse Landlorddefend, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) indemnify and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgmentsorders, demands, causes of action, damagesproceedings, judgments, or suits and all liabilities, fines, penalties, fineslosses, taxes, costs, liabilities, losses and reasonable costs or expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, technical consultant fees, environmental investigation and remediation costs, court costs, expenses paid to third parties and reasonable legal fees) and damages (all of the cost foregoing referred to collectively herein as “Damages”) arising out of or as a result of (i) Tenant’s breach of its agreements hereunder (ii) any spill, disposal, or other release of any required hazardous material to the extent caused or necessary repairallowed by Tenant or any of its agents, cleanup servants, employees, customers or detoxificationinvitees at, and on, in or from the preparation and implementation Premises during the Initial Term, a Renewal Term or any extension or renewal thereof, or (iii) any violation of the Real Property or Leased Premises with applicable environmental law which relates to a condition caused or allowed by Tenant or any closureof its agents, monitoring servants, employees, customers or other required plansinvitees during the Initial Term, whether such action is required a Renewal Term or necessary prior to any extension or following renewal thereof. The provisions of this §5.09 shall survive the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

Hazardous Materials. Tenant shall not cause nor permit, nor bring or allow any Tenant Party of Tenant’s Agents to bring on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation (“Hazardous Materials”), except for routine office and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. In the event of any release of Hazardous Materials on, from, under or about the Premises or the Project as the result of Tenant’s occupancy of the Premises, Landlord shall have the right, but not the obligation, to cause Tenant, at Tenant’s sole cost and expense, to clean up, remove, remediate and repair any soil or permitgroundwater contamination or other damage or contamination in conformance with the requirements of applicable law. Tenant shall indemnify, protect, hold harmless and defend (by counsel acceptable to Landlord) Landlord, and its Agents and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys’ fees and court costs) caused by or arising out of (i) a violation of the foregoing prohibitions or (ii) the presence or release of any Hazardous Materials to be brought uponon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used onfrom, under or about the Premises, the BuildingProject or other properties as the result of Tenant’s occupancy of the Premises. Neither the written consent of Landlord to the presence of the Hazardous Materials, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance nor Tenant’s compliance with all laws applicable Environmental Lawsto such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify immediately give Landlord in writing written notice (a) of any suspected breach of this Section 9.2, (b) upon learning of the violation of presence or any Environmental Law or presence release of any Hazardous Materials, or (c) upon receiving any notices from governmental agencies or other than office and janitorial supplies as permitted above, on parties pertaining to Hazardous Materials which may affect the Premises. Landlord shall have the right from time to time, but not the obligation, to enter upon and inspect the Premises and in accordance with Article XIV to conduct testssuch inspections and undertake such sampling and testing activities as Landlord deems necessary or desirable to determine whether Tenant is in compliance OFFICE LEASE PAGE 12 Park Ten Plaza – RigNet, monitoring and investigationsInc. Table of Contents with this provision. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) Tenant from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxesjudgments, penalties, costs, liabilities, losses and expenses reasonable attorneys’ fees to the extent arising at any time during or after the Term as a result (directly or indirectly) out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence existence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about brought on the Premises, nor the strict compliance Building or Project by Landlord. The obligations of Landlord and Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity hereunder shall survive the expiration or termination earlier termination, for any reason, of this Lease.

Hazardous Materials. Landlord hereby represents and warrants that, to the Landlord’s actual knowledge, the Premises is not, and as of the date that Tenant shall takes possession of the Premises (“Possession Date”), will not cause nor permitbe, nor allow in violation of any Tenant Party federal, state or local law, regulation or ordinance relating to cause industrial hygiene or permit, any which govern Hazardous Materials to be brought uponand/or environmental conditions in, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Buildingincluding but not limited to air quality, the Common Area or the Project, except for routine office and janitorial supplies in usual surface and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land soil and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, conditions (individually and collectively, “Environmental Regulations”). Landlord further represents and warrants that as of the Possession Date, the Premises do not contain any Hazardous material, and Landlord’s work in the Premises shall not incorporate into the Premises any material containing Hazardous Materials. Any and all work performed by Landlord on the Premises from and after the Possession Date shall be free of all Hazardous Materials and shall be in compliance with all Environmental Regulations. In the event that the presence of any Hazardous Material is detected on the Premises in violation of any Environmental Regulation (i) prior to the Possession Date, or (ii) at any time during the term hereof as a part of or as a result of work by Landlord on/in the Premises, then in such event Landlord shall contain, remove, detoxify and/or remediate such Hazardous Material in compliance with all applicable Environmental Regulations (the “remedial work”). All such remedial work shall be performed by Landlord at Landlord’s expense. In the event that such remedial work shall be performed prior to Tenant opening for business, Tenant’s obligation to open shall be delayed until such remedial work is completed. In the event that such remedial work is performed subsequent to Tenant opening for business, Tenant’s obligation to pay Base Rent shall be abated in direct proportion to the extent Tenant is unable to conduct its business upon the Premises as a result of such remedial work being necessary or while such remedial work is being performed. Landlord hereby agrees to indemnify and hold harmless Tenant, its directors, officers, employees and agents (the “Tenant Indemnitees”) from and against any and all claimsliability, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, including without limitation, all costs of defense and the cost of any required or necessary remedial work and/or repair, cleanup claimed, threatened or detoxificationasserted against any Tenant Indemnitee arising out of the use, and the preparation and implementation of any closuregeneration, monitoring transportation, storage, release or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence disposal of Hazardous Materials on, under (a “Release”) on or about the Premises, nor Premises which Release is a result of Landlord’s work in the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant Premises or which occurred prior to the foregoing indemnity shall survive the expiration or termination of this LeasePossession Date.

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any (A) No Hazardous Materials to shall be brought Handled upon, storedabout, manufacturedabove or beneath the Project by or on behalf of Tenant, generated, blended, handled, recycled, treated, disposed its subtenants or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlordits assignees, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective contractors, clients, members, managers, partners, officers, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of or invitees. Notwithstanding the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) normal quantities of Tenant’s and/or any Tenant Party’s activitiesHazardous Materials customarily used in the conduct of general administrative office activities (e.g., or failure to act, copier fluids and cleaning supplies) and fuels used in connection with the Premisesuse of the Existing Generator or the Additional Generator may be Handled at the Project without Landlord’s prior written consent. This indemnity 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 necessary for Landlord to make full economic use of the Premises or any portion of the Project, which arises from the Handling of Hazardous Materials upon, about, above or beneath the Premises or any portion of the Project by Tenant, its subtenants or its assignees, or their respective contractors, clients, members, managers, partners, officers, directors, employees, agents or invitees. Such actions shall include, without limitationbut not be limited to, the cost investigation of the environmental condition of the Premises or any portion of the Project, the preparation of any required feasibility studies or necessary repair, cleanup or detoxification, reports and the preparation and implementation performance of any closurecleanup, monitoring remedial, removal or other required plans, whether such action is required restoration work. Tenant shall take all actions necessary to restore the Premises or necessary any portion of the Project to the condition existing prior to the introduction of Tenant’s Hazardous Materials. 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 a material adverse long-term or following short-term effect on the termination Premises or any portion of this Lease. Neither the written consent by Project. (C) Landlord represents and warrants that, to the presence of Landlord’s best knowledge, no Hazardous Materials on, under or about are located in the Premises, nor Premises other than those identified on the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant reports listed on Exhibit E attached hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

Hazardous Materials. Landlord and Tenant agree that with respect to the existence or use of Hazardous Materials (as defined as such under current laws or regulations as may be amended from to time) on the Property, any handling, transportation, storage, treatment, disposal or use of Hazardous Materials (other than the use of ordinary office and janitorial products), in any amount, by Tenant, Tenant's agents, or any other party associated with Tenant must be absolutely and completely disclosed to and approved in writing by Landlord prior to its arrival in the Premises. Landlord may uncontestably withhold Landlord's approval at Landlord's sole discretion. Any withholding from Landlord of information relating to Hazardous Materials used or stored by Tenant shall not constitute a material default under the terms of the Lease and shall be cause nor permit, nor allow for lease termination at Landlord's option. Any use or storage of any Tenant Party to cause or permit, any disclosed Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under in or about the Property, which use or storage shall have been approved by Landlord, shall strictly comply with all applicable Hazardous Materials laws. Tenant shall, upon request by Landlord, provide proof of approvals by the governing authorities. Landlord's consent or approval once given shall not constitute approval for any subsequent bringing of Hazardous Materials onto the Premises or Project. 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, lost profits, consequential damages, interest, penalties, fines, 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 Leased Premises or the Property by Tenant, Tenant's agents, permitees, or invitees. If the presence of Hazardous Materials on the Leased Premises, the Building, or the Common Area Project caused or permitted by Tenant, Tenant's agents, permitees, or invitees result in contamination or deterioration to any extent of water, soil, or any part of the Leased Premises, the Building, or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, then Tenant shall promptly take any and all steps action necessary to rectify remove said Hazardous Materials and to return the same Project (and any other property of whatever nature) to their condition existing prior to the satisfaction appearance of such Hazardous Materials. Landlord may at any time and at Tenant's sole cost perform any tests or investigations (including the applicable agencies and installation of testing ▇▇▇▇▇) it deems appropriate to determine the presence of Hazardous Materials on the Project. The terms of this clause shall survive the expiration or sooner termination of this Lease. To the best knowledge of Landlord, (a) no Hazardous Material is present on the Project or shallthe soil, at Landlord’s electionsurface water or groundwater thereof, reimburse Landlord(b) no underground storage tanks are present on the Project, upon demandand (c) no action, for proceeding or claim is pending or threatened regarding the cost Project concerning any Hazardous Material or pursuant to any environmental law. Under no circumstance shall Tenant be liable for, and Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protectdefend, defend (by counsel acceptable to Landlord) protect and hold harmless Landlord and Landlord’s affiliated entitiesTenant, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, its agents, contractors, along with the successors stockholders, directors, successors, representatives, and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxeslosses, costs, liabilitiesclaims, losses liabilities and expenses arising at any time during or after the Term as a result damages (including reasonable attorneys' and consultants' fees) of every type and nature, directly or indirectly) indirectly arising out of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under Material present at any time on or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesProject, or failure to actthe soil, in connection with air, improvements, groundwater or surface water thereof, or the Premises. This indemnity shall include, without limitation, the cost violation of any required laws, orders, or necessary repairregulations, cleanup or detoxification, and the preparation and implementation of relating to any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord Hazardous Material except to the presence extent that any of the foregoing actually results from the release or emission of Hazardous Materials on, under or about the Premises, nor the strict compliance Material by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation or its agents or employees in violation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseapplicable environmental laws.

Hazardous Materials. Tenant shall not cause nor permitbring or permit to remain on the Premises or the Project, nor or allow any of Tenant’s Agents to bring or permit to remain on the Premises or the Project, any asbestos, petroleum or petroleum products, used oil, explosives, toxic materials or substances defined as hazardous wastes, hazardous materials or hazardous substances under any federal, state or local law or regulation (“Hazardous Materials”), except for routine office and janitorial supplies used on the Premises and stored in the usual and customary manner and quantities, and in compliance with all applicable environmental laws and regulations. Tenant Party shall not install or operate any underground storage tanks on or under the Premises or the Project. Tenant’s violation of the foregoing prohibitions shall constitute a material breach and default hereunder and Tenant shall indemnify, protect, hold harmless and defend (by counsel acceptable to cause Landlord) Landlord, and its Agents and each of their respective successors and assigns, from and against any and all claims, damages, penalties, fines, liabilities and cost (including reasonable attorneys’ fees and court costs) caused by or permit, arising out of (i) a violation of the foregoing prohibition or (ii) the presence or release of any Hazardous Materials to be brought uponon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used onfrom, under or about the Premises, the BuildingProject or other properties as the direct or indirect result of Tenant’s occupancy of the Premises. Tenant, at its sole cost and expense, shall clean up, remove, remediate and repair any soil or groundwater contamination or other damage or contamination in conformance with the Common Area requirements of applicable law caused by the presence or any release of any Hazardous Materials in, on, from, under or about the ProjectPremises during the term of this Lease. Neither the written consent of Landlord to the presence of the Hazardous Materials, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance nor Tenant’s compliance with all laws applicable Environmental Lawsto such Hazardous Materials, shall relieve Tenant of its indemnification obligation under this Lease. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify immediately give Landlord in writing written notice (i) of any suspected breach of this section, (ii) upon learning of the violation of presence or any Environmental Law or presence release of any Hazardous Materials, or (iii) upon receiving any notices from governmental agencies or other than office and janitorial supplies as permitted above, on parties pertaining to Hazardous Materials which may affect the Premises. Landlord shall have the right from time to time, but not the obligation, to enter upon and inspect the Premises and to conduct tests, monitoring such inspections and investigations. If undertake such tests indicate the presence of any environmental condition caused sampling and testing activities as Landlord deems necessary or exacerbated by desirable to determine whether Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such testsis in compliance with this provision. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event obligations of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity hereunder shall survive the expiration or termination earlier termination, for any reason, of this Lease.

Hazardous Materials. Tenant 23.1 Contractor shall not cause nor permit, nor allow any Tenant Party provide to cause Owner's Representative or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about designee a written description of and purpose for the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation use of any Environmental Law products or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on processes in the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Work that are Hazardous Materials or may result in the environmentgeneration of Hazardous Materials. Such written submission must identify, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or prior to the ambient air start of the Work and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of Owner's Representative or designee, the applicable agencies practices used to minimize such generation and Landlord, demonstrate that it has taken all possible steps to eliminate or shall, at Landlord’s election, reimburse Landlord, upon demand, for reduce to the cost to Landlord maximum extent possible such generation. 23.2 Contractor shall ensure the environmentally responsible management of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials onincluded in or resulting from the Work. In performing the Work, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity Contractor shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant comply fully with all Environmental Laws. Contractor is solely responsible for the proper identification and labeling, documentation, handling, storage, minimization, processing and recycling of any and all such Hazardous Materials. Unless otherwise indicated, Contractor shall excuse Tenant be responsible for manifesting, transporting and removing from Tenant’s obligation Site any and all Hazardous Materials. Contractor shall be liable for any and all costs incurred by Owner, at Owner's sole discretion, for the storage, handling, processing, removal and disposal thereof. 23.3 Contractor shall defend and indemnify Owner, its parent, affiliates and its and their employees, agents, officers and directors and hold it and them harmless from any and all damages, claims, demands, or suits of indemnification pursuant hereto. Tenant’s obligations pursuant any kind for injury to persons, including death, and damage to property suffered by any person (including Contractor Resources) or by any firm or corporation arising out of, or claimed to have arisen out of, any acts or omissions of Contractor and Contractor Resources related to or involving Hazardous Materials generated during the course of the Work or brought to the foregoing indemnity Site by the Contractor or Contractor Resources. This indemnification shall survive include any liability or claims related to the expiration storage, handling, processing, release, or termination removal from Site of any such Hazardous Materials by Contractor, Contractor Resources, transporters, recyclers, or any treatment, storage or disposal facility used by Contractor or such other persons. Further, this Leaseindemnification shall include liability for any and all costs or penalties (including legal, attorney, administrative, or regulatory fees and expenses) incurred or imposed as a result of actions pursued by federal, state or local governments or agencies related, in any way whatsoever, to the management of such Hazardous Materials.

Hazardous Materials. A. Except as disclosed hereby, Landlord represents, to the best of its knowledge, that the Premises will on the Commencement Date be free of Hazardous Materials (as defined below) in amounts that violate applicable Laws, and that Landlord, at Landlord's sole cost and expense following notice of any violation, will cause the Premises to be in full compliance with any and all applicable Laws relating to asbestos, PCB's and other Hazardous Materials. Notwithstanding the foregoing, Tenant, at its sole cost and expense, shall be responsible for correcting any violations of applicable Laws with respect to any asbestos, PCB's and other Hazardous Materials that are introduced into the Building or Premises by Tenant or any Tenant Related Parties. Tenant shall not cause nor permituse, nor allow any Tenant Party to cause generate, manufacture, store or permitdispose of, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under on or about the Premises, or transport to or from the BuildingPremises, any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in the Common Area definition of "hazardous substances" under any applicable federal, state or local law, regulation or ordinance (collectively, "Hazardous Materials"). B. Notwithstanding the Projectprovisions of Subsection VII.A above, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon use and inspect store on the Premises and the Building, and transport to conduct testsand from the Premises and the Building, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any those Hazardous Materials or which are generally used in the environmentordinary course in first class office buildings (collectively, including surface water"Permitted Materials"); provided, groundwaterhowever, drinking water supplythat such party's use, landstorage and transport thereof is in compliance with all applicable Laws. C. Landlord agrees to defend, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall fully indemnify, protect, defend (by counsel acceptable to Landlord) and hold entirely free and harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) Tenant from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxescosts, liabilities, or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise before, during or after the Term and which are imposed on, paid by, or asserted against Tenant by reason of the presence or suspected presence of Hazardous Materials in the soil, groundwater, or soil vapor on or about the Premises, except to the extent that the Hazardous Material is present as a result of Tenant's activities on the Premises. D. Tenant agrees to defend, fully indemnify, and hold entirely free and harmless Landlord from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expenses arising at any time expert fees) which arise during or after the Term as a result (directly and which are imposed on, paid by, or indirectly) asserted against Landlord by reason of the presence or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the suspected presence of Hazardous Materials onin the soil, under groundwater, or soil vapor on or about the Premises or other property to the extent that the Hazardous Material is present as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure 's activities on the Premises during the Term. E. Notwithstanding anything in this Lease to actthe contrary, in connection with no event shall any Mortgagee (defined in Subsection XXVI.A. of the Premises. This indemnity shall include, without limitation, Lease) be liable for any of the cost obligations of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of Landlord under Subsection VII.C. above. F. Notwithstanding anything in this Lease. Neither the written consent by Landlord Lease to the presence of Hazardous Materials oncontrary, Tenant shall not be responsible under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.Lease in any respect whatsoever for any condition involving

Hazardous Materials. A. For purposes of this section, "Hazardous Materials" shall include all solid, liquid or gaseous materials defined or regulated as wastes under any federal statute or regulation or any state or local law, regulation or ordinance and shall further include all other substances defined or regulated as pollutants or as hazardous, toxic, infectious, or radioactive substances under any federal statute or regulation or any state or local law, regulation or ordinance, all as amended from time to time. B. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, permit any Hazardous Materials to be brought upon, stored, manufacturedused, generated, blended, handled, recycled, treated, stored or disposed or used of on, under or about about, or transported to or from the PremisesPremises (collectively, the Building, the Common Area or the Project, "Hazardous Materials Activities") except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance compliance with all applicable Environmental Lawsfederal, state and local laws, regulations, ordinances and order governing such Hazardous Materials or Hazardous Materials Activities, which compliance shall be at Tenant's sole cost and expense. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancyAdditionally, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to not cause or permit any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event to be disposed of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with without the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary express prior to or following the termination of this Lease. Neither the written consent by of the Landlord, which may be withheld for any reason and may be revoked at any time. Tenant further agrees, at all times, to fully disclose in writing to Landlord to the presence storage, handling, disposal or use of Hazardous Materials under, on or about the Premises and the property in which the Premises is located. C. Landlord shall not be liable to Tenant or to any other party for any Hazardous Materials Activities conducted or permitted on, under or about the Premises, nor the strict compliance Premises by Tenant with all Environmental Lawsor by Tenant's employees, agents, contractors, licensees or invitees, and Tenant shall excuse indemnify, defend and hold Landlord harmless from any claims, damages, fines, penalties, losses, judgments, costs and liabilities arising out of or related to any Hazardous Materials Activities conducted or permitted on, under or about the Premises by Tenant from or by Tenant’s obligation 's employees, agents, contractors, licensees or invitees, regardless of indemnification pursuant heretowhether Landlord shall have consented to, approved of, participated in or had notice of such Hazardous Materials Activities. Tenant’s obligations pursuant to the foregoing indemnity The provisions of this paragraph shall survive the expiration or termination of this Leaselease. D. At the expiration or earlier termination of this lease, Tenant shall remove from the Premises, at Tenant's sole expense, all Hazardous Materials located, stored and disposed of on, under or about the Premises during the lease term, unless caused by a party other than Tenant or Tenant's employees, agents, contractors, licensees, invitees, subtenants or assignees. Tenant shall close, remove or otherwise render safe any buildings, tanks, containers or other facilities related to the Hazardous Materials Activities conducted or permitted on the Premises during the lease term in the manner required by all applicable laws, regulations, ordinances or orders. E. See Additional Provisions, Section 11

Hazardous Materials. (a) Tenant shall agrees that it will not cause nor permitrelease, nor allow any Tenant Party to cause discharge, place, hold, or permit, dispose of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used Material (as hereinafter defined) on, under or about at the Premises, in the Building, or on the Land, and that it will not use the Premises, the Building, the Common Area Land, or any other portion thereof as a site for the Projecttreatment, except for routine office and janitorial supplies storage, or disposal (whether permanent or temporary) of any Hazardous Material, other than materials used in usual and customary quantities stored, used and disposed the ordinary course of the business of Tenant in accordance with all applicable Environmental Applicable Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of further agrees that it will not cause or allow any Environmental Law asbestos to be incorporated into any improvements or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on alterations which Tenant makes or causes to be made to the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Building. (b) Tenant shall promptly take any and all steps necessary hereby agrees to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (with counsel reasonably approved by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimslosses, judgments, causes of actionliabilities, damages, penaltiesinjuries, costs, fines, taxespenalties, costsexpenses and claims of any and every kind whatsoever (including without limitation, liabilitiesexpert and consultant fees, losses court costs and expenses arising attorneys' fees at all tribunal levels) which at any time during or after the Term from time to time may be paid, incurred or suffered by, or asserted against Landlord for, with respect to, or as a direct or indirect result of (directly or indirectlyi) any breach by Tenant of or in connection with (a) Tenant and/or any Tenant Party’s breach the provisions of this Article 51 Paragraph, or (bii) the presence acts or omissions of Hazardous Materials onTenant or any agent, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesemployee, invitee, licensee, or failure to actindependent contractor of Tenant resulting in or contributing to, in connection with the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, or release from, onto, or into the Premises. This indemnity shall include, the Building, the Land, the atmosphere, or any watercourse, body of water, or groundwater, of any Hazardous Material or (iii) the violation of any applicable law including, without limitation, the any third party claim or claims for contribution or cost recovery under applicable laws or common law. The provisions of any required or necessary repair, cleanup or detoxification, and the preparation undertakings and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following indemnification set forth in this paragraph shall survive the termination or expiration of this Lease, for any reason, and shall continue to be the liability, obligation and indemnification of Tenant, binding upon Tenant forever. Neither The provisions of the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, preceding sentence shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination govern and control over any inconsistent provision of this Lease. (c) For purposes of this Lease, "Hazardous Material" means and includes any radioactive, hazardous or toxic substance, pollutant, contaminant, effluent, gas, petroleum product or medical product or waste defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called "Superfund" or "Superlien", law, 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 radioactive, hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous, waste, substance or material, gas or petroleum product, and "Applicable Laws" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called "Superfund" or "Superlien", law, 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 radioactive, hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous, waste, substance or material, gas, petroleum product, medical product or waste.

Hazardous Materials. Tenant shall not cause nor permitLessee covenants and agrees, nor allow at its sole cost and expense, to indemnify, protect and save Lessor harmless against and from any Tenant Party to cause and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or permitexpenses (including without limitation, attorneys' and experts' reasonable fees and disbursements) of any kind or of any nature whatsoever (collectively, the "Indemnified Matters") which may at any time be imposed upon, incurred by or asserted or awarded against Lessor and arising from or out of any Hazardous Materials to be brought upon(as hereinafter defined) on, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used onin, under or about the Premises, the Building, the Common Area affecting all or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing any portion of the violation of any Environmental Law or presence of any demised premises. As used herein, "Hazardous Materials" means petroleum products and any other hazardous or toxic materials, other than office wastes and janitorial supplies substances which are defined, determined or identified as permitted above, on such in any Laws (as hereinafter defined) or materials which are required by any Laws to be encapsulated or removed from the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant demised premises or any Tenant Party surrounding area. As used herein, "Laws" means any Federal, State or arising during Tenant’s local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) and any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials judicial or the environmentadministrative interpretation thereof, including surface water, groundwater, drinking water supply, land, surface any judicial or subsurface strata administrative orders or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsjudgments. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity Indemnified Matters shall include, without limitation, all of the cost following: (i) the costs of removal of any required and all Hazardous Materials from all or necessary repair, cleanup any portion of the demised premises or detoxification, and any surrounding areas (except that the preparation and implementation indemnity provided for under this paragraph shall not cover the costs of any closure, monitoring or other required plans, whether such action removal unless either (a) such removal is required by any Laws or (b) any present or future use, operation, development, construction, alteration or reconstruction of all or any portion of the demised premises is or would be conditioned in any way upon, or is or would be limited in any way until the completion of, such removal in accordance with any Laws), (ii) additional costs required to take necessary prior precautions to or following protect against the termination of this Lease. Neither the written consent by Landlord to the presence release of Hazardous Materials on, in, under or about affecting the Premisesdemised premises into the air, nor any body of water, any other public domain or any surrounding areas and (iii) costs incurred to bring the strict demised premises and any surrounding areas into compliance by Tenant with all Environmental Lawsapplicable Laws with respect to Hazardous Materials. All removal work referred to in clause (i) above, all work and other actions to take precautions against release referred to in clause (ii) above and all work and other actions performed in order to comply with Laws referred to in clause (iii) above are herein collectively referred to as "Corrective Work." Lessor's rights under this paragraph 47 shall excuse Tenant from Tenant’s obligation be in addition to all other rights of indemnification pursuant heretoLessor under this lease. Tenant’s obligations pursuant Notwithstanding anything to the foregoing contrary contained herein, the indemnity provided for under this paragraph 47 with respect to surrounding areas shall survive not extend to the expiration cost of Corrective Work on, in, under or termination affecting any surrounding areas, if the applicable Hazardous Materials did not originate from any portion of this Leasethe demised premises, unless the removal of any Hazardous Materials on, in under or affecting any surrounding areas is required by Law or by order or directive of any Federal, State or local governmental authority in connection with the Corrective Work on, in, under or affecting any portion of the demised premises.

Hazardous Materials. Tenant shall Subtenant and Subtenant's agents, employees, contractors, assignees and subtenants may not cause nor permituse, nor allow any Tenant Party to cause place, store or permittransport (collectively, any "Use") Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under Material(s) (defined below) on or about any portion of the Premises, the Building, the Common Premises or Excluded Area or any other part of the Project, except for routine office and janitorial supplies Land (or in usual and customary quantities stored, used and disposed connection with the use or operation of in accordance the Subtenant Improvements) unless Subtenant complies with all applicable Environmental Laws with respect to the Use by Subtenant, its agents, employees, contractors, assignees or subtenants of such Hazardous Materials. Nothing herein shall be construed to allow Subtenant to release or dispose of (collectively, "Release") Hazardous Materials in or about any portion of the Premises or Excluded Area unless such Release is in compliance with applicable Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing Any Use of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials beyond the scope allowed in this Paragraph and any Release of Hazardous Materials shall be subject to Sublandlord's and Lessor's prior written consent, which may be withheld in Sublandlord's or Lessor's sole and absolute discretion, and shall require an amendment to the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In Sublease in the event Sublandlord and Lessor do consent which shall set forth the materials, scope of use, indemnification and any such environmental condition, Tenant shall promptly take any other matter required by Sublandlord and all steps necessary to rectify the same to the satisfaction of the applicable agencies Lessor in Sublandlord's and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying workLessor's sole and absolute discretion. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant Subtenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold Sublandlord and Sublandlord's agents harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of actionlosses, damages, penalties, fines, taxes, costs, liabilities, losses and or expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach the Use or Release of Hazardous Materials on or following the Commencement Date of this Article 51 Sublease in violation of Law by Subtenant, Subtenant's agents, employees, contractors, assignees or (b) subtenants using the Premises or Excluded Area. Subtenant's obligation to defend, hold harmless and indemnify pursuant to this Paragraph 7 shall survive the expiration or earlier termination of this Sublease. The foregoing indemnity shall not apply to, and Subtenant shall not be responsible hereunder for, the presence of Hazardous Materials on, under under, or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord Excluded Area to the presence of Hazardous Materials onextent caused by Sublandlord, under its agents, employees, contractors, assignees or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to subtenants (other than Subtenant); provided that Sublandlord hereby acknowledges and agrees that the foregoing indemnity is intended to supplement that certain Indemnity Agreement between Subtenant and Sublandlord in the form of Exhibit C to the Purchase Agreement (the "Indemnity Agreement"), and to the extent the foregoing indemnity contradicts Subtenant's obligations under the Indemnity Agreement, the Indemnity Agreement shall survive prevail. The parties hereto agree and acknowledge that all of Subtenant's indemnity obligations set forth in this Sublease are supplemental to Subtenant's indemnity obligations set forth in the expiration Indemnity Agreement. Sublandlord shall have the right, upon reasonable advance notice to Subtenant, to inspect, investigate, sample and/or monitor the Premises and Excluded Area, including any soil, water, groundwater, or termination other sampling, to the extent reasonably necessary to determine whether Subtenant is complying with the terms of this LeaseSublease with respect to Hazardous Materials. In connection therewith, Subtenant shall provide Sublandlord with reasonable access to all portions Notwithstanding anything to the contrary contained in this Sublease, Sublandlord and Subtenant acknowledges that (i) the Environmental Protection Agency is currently overseeing cleanup measures that are being conducted at the Land and at surrounding parcels of real property, (ii) the Land is part of a regional Superfund site known as the Middlefield-Elli▇-▇▇▇▇▇▇▇ (▇▇W) site, (iii) Raytheon, a former owner of the Land, is under a Consent Decree that provides that Raytheon will perform groundwater and soil remediation for the property it occupied and operated within the MEW area, (iv) in 1987, a soil-bentonite, subsurface, slurry wall was installed by Raytheon around the perimeter of the Land enclosing the soil and water bearing zones as part of the remedial measures conducted by Raytheon, (v) a groundwater extraction and treatment system was installed in 1987 on the Land and, as a long term remedial measure, groundwater is extracted from several well▇ ▇▇▇ated both within the boundaries of the Land and from adjacent property, (vi) a soil vapor extraction system (covering approximately a surface area of four acres and going to a depth of approximately 15 to 18 feet) was installed by Raytheon in 1996 to remediate the contaminated soils in the Land and Raytheon has petitioned and obtained approval from the Environmental Protection Agency for closure for part of the soil vapor remedial system, and (vii) the groundwater and soil treatment facilities referred to above are maintained by Raytheon and Raytheon has provided an indemnification to Subtenant to protect it from clean up or other liability related to contamination existing prior to the date Subtenant acquired title to the Land and the improvements then located thereon.

Hazardous Materials. (A) During the term of this Lease, Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Environmental Permits (each as defined in subsection 6.04 (D) hereof) applicable to the operation or use of the Premises, shall cause all other persons occupying or using the Premises to comply with all such Environmental Laws and Environmental Permits, shall immediately pay all costs and expenses incurred by reason of such compliance, and shall obtain and renew all Environmental Permits required for operation or use of the Premises. Tenant will not generate, use, treat, store, handle, release or dispose of, or permit the generation, use, treatment, storage, handling, release or disposal, of Hazardous Materials (as defined in subsection 6.04 (D) hereof) on the Premises, the Building or the Property or transport or permit the transportation of Hazardous Materials to or from the Premises, the Building or the Property except for limited quantities used or stored at the Premises and required in connection with the routine operation and maintenance of the Premises, and then only in compliance with all applicable Environmental Laws and Environmental Permits. (B) Tenant will immediately advise Landlord in writing of any of the violation following: (i) any pending or threatened Environmental Claim (as defined in subsection (D) below) against Tenant relating to the Premises, the Building or the Property; (ii) any condition or occurrence on the Premises, the Building or the Property 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 and/or Landlord or the Premises and (iii) the actual or anticipated taking of any Environmental Law removal or remedial action in response to the actual or alleged presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, Material on the Premises, in the Building or on the Property. 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 shall have the right to enter upon and inspect with copies of all communications regarding the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of with any environmental condition caused government or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition governmental agency relating to Environmental Laws, all such communications with any Hazardous Materials or the environmentperson relating to Environmental Claims, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event such detailed reports of any such environmental conditionEnvironmental Claim as may reasonably be requested by Landlord. At any time and from time to time during the term of this Lease, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s electionsole cost and expense, reimburse LandlordLandlord or its agents may perform an environmental inspection of the Premises, upon demand, for the cost and Tenant hereby grants to Landlord of performing rectifying work. The reimbursement shall be paid and its agents access to Landlord in advance of Landlord’s performing the Premises to undertake such workan inspection. (C) Tenant agrees to defend, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) indemnify and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) Indemnitees from and against any all obligations (including removal and all remedial actions), losses, claims, suits, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses penalties (including, by way of illustration and not by way of limitation, civil fines), damages (including consequential and punitive damages), costs and expenses arising (including attorneys’ and consultants’ fees and expenses) of any kind or nature whatsoever that may at any time during be incurred by, imposed on or after the Term as a result (asserted against such Indemnitees directly or indirectly) of indirectly based on, or in connection with arising or resulting from (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (bi) the presence of Hazardous Materials onon the Premises, under in the Building or about on the Premises Property which is caused or other property as a result permitted by Tenant and/or (directly or indirectlyii) of any Environmental Claim relating in any way to Tenant’s and/or any Tenant Party’s activities, operation or failure to act, in connection with use of the Premises. This indemnity shall include, without limitation, the cost Building or the Property. The provisions of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following this Section shall survive the termination of this Lease. Neither . (D) (1) “Hazardous Materials” means (a) petroleum or petroleum products, natural or synthetic gas, asbestos in any form, urea formaldehyde foam insulation, and radon gas; (b) any substances defined as or included in the written definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants” or “pollutants,” or words of similar import, under any applicable Environmental Law; and (c) any other substance exposure which is regulated by any governmental authority; (2) “Environmental Law” means any federal, state or local statute, law, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order, consent by Landlord decree or judgment, relating to the presence environment, health, safety or Hazardous Materials; (3) “Environmental Claims” means any and all administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of non-compliance or violation, investigations, proceedings, consent orders or consent agreements relating in any way to any Environmental Law or any Environmental Permit, including without limitation (a) any and all Environmental Claims by governmental or regulatory authorities for enforcement, cleanup, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law and/or (b) any and all Environmental Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief resulting from Hazardous Materials onor arising from alleged injury or threat of injury to health, safety or the environment; and (4) “Environmental Permits” means all permits, approvals, identification numbers, licenses and other authorizations required under or about the Premises, nor the strict compliance by Tenant with all any applicable Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this LeaseLaw.

Hazardous Materials. Tenant shall not cause nor permitDuring the term of this Sublease, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties Sublessee shall comply with all Environmental Laws federal, state, and promptly notify Landlord in writing of local laws, ordinances, and regulations relating to the violation use, storage, sale, transportation or disposal to, from, or on the premises of any Environmental Law Hazardous Materials. Upon execution of this Sublease and on an ongoing basis, Sublessee shall provide Sublessor with a list, no less frequently than quarterly, of Hazardous Materials that Sublessee uses or presence maintains on the premises. Sublessee shall not be responsible for any adverse environmental conditions relating to Hazardous Materials that are not caused by Sublessee, its agents, employees, contractors, or invitees. Sublessee shall indemnify, defend (by counsel reasonably acceptable to Master Lessor and Sublessor), protect and hold Master Lessor and Sublessor and each of their employees, agents, successors, and assigns, free and harmless from and against all claims, liabilities, penalties, forfeitures, losses, or expenses (including attorneys' 4 fees (arising from or caused by (a) the discharge by Sublessee in or from the premises of any Hazardous Materials, other than office and janitorial supplies as permitted aboveor Sublessee's use, on storage, transportation, discharge, or generation of Hazardous Materials to, in, on, under, about or from the Premises. Landlord shall have the right premises, or (b) Sublessee's failure to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to comply with any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odorsLaw. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify that Sublessee becomes liable under this section the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity Sublessee's obligations hereunder shall include, without limitation, the cost all costs of any required or necessary repair, cleanup clean-up, or detoxificationdecontamination of the premises, and the preparation and implementation of any closure, monitoring remedial action, or other required plans, whether such action is required or necessary prior to or following the termination of this Leaseprocedures in connection therewith. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the The foregoing indemnity shall survive the expiration or the earlier termination of this LeaseSublease.

Hazardous Materials. Tenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or shall not use, transport, store, dispose of or in any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about manner deal with hazardous materials on the Premises or other property any adjacent lands and premises of Landlord (collectively the "Property"), except in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The term "hazardous materials" as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, used in connection with the Premises. This indemnity this Lease shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, or any other substances or materials defined as a hazardous or toxic substance or material by any federal, state or local law, ordinance, rule or regulation. (b) Lessee is on notice and understands that the cost Premises contains asbestos. Lessee agrees that is it satisfied that appropriate containment and control measures are in place as of the rent Occupancy Date with regards to said asbestos. Lessee assumes all responsibility for appropriate containment and control measures following Occupancy Date and as of that date, shall indemnify and hold harmless Landlord for any and all claims for bodily injury and/or damages arising out of any act or omission connected in any way to said asbestos except for those claims arising out of negligent actions of Landlord relating to said asbestos. (c) Excepting Section 17(b), above, Landlord unconditionally and irrevocably indemnifies and agrees to defend and hold harmless Tenant and its officers, employees, agents, contractors and those claiming by, through or under Tenant, from and against all loss, cost and expense (including attorneys' fees) of whatever nature suffered or incurred by Tenant on account of the existence at or on the Property, or the release or discharge at, on, from or to the Property, prior to the Occupancy Date or thereafter if such release or discharge is caused by the Landlord, its officers, employees, agents or contractors, of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against Tenant, Landlord or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any hazardous material by Landlord or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on Tenant due to the existence of any hazardous material. Landlord unconditionally and irrevocably guarantees the payment of any fees and expenses incurred by Tenant in enforcing the liability of Landlord and this indemnification should Tenant prevail in such action. If any Remedial Work is required because of, or necessary repairin connection with, cleanup any occurrence or detoxificationevent covered by the indemnity set forth in this Section 17(c), Landlord shall perform or cause to be performed the Remedial Work in compliance with the applicable law, regulation, order or agreement. If Landlord elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by Landlord and approved in advance in writing by Tenant and under the supervision of a consulting engineer, selected by Landlord and approved in advance in writing by Tenant. Otherwise, Tenant shall select the contractor(s) and the consulting engineer. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to Tenant, by Landlord including without limitation, the charges of such contractor(s) and the consulting engineer, and the preparation Tenant's reasonable attorneys' fees and implementation of any closure, costs incurred in connection with monitoring or other required plansreview of such Remedial Work. If Landlord shall fail to timely commence, whether or cause to be commenced, or fail to diligently prosecute to completion, such action is required Remedial Work, Tenant may cause such Remedial Work to be performed, and all costs and expenses thereof, or necessary prior to or following incurred in connection therewith, shall be covered by the indemnity set forth in this Section 17(c). All such costs and expenses shall be due and payable upon demand therefore by Tenant. (d) The obligations of Landlord and Tenant under this Section 17 shall survive the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.

Hazardous Materials. (i) Landlord represents and warrants to Tenant shall not cause nor permitthat, nor allow any Tenant Party to cause or permit, any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Premises, the Building, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing as of the violation date of this Lease, to the best of Landlord’s actual knowledge, there are no substances, materials, wastes, pollutants, or contaminants listed or defined as hazardous or toxic under any Environmental Law or presence of any Legal Requirement (“Hazardous Materials, other than office and janitorial supplies as permitted above, ”) on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protectdefend, defend (by counsel acceptable to Landlord) and hold Tenant harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all losses, claims, judgmentsdemands, causes of actionactions, fines, suits, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, the cost of any required or necessary remediation, removal, repair, corrective action, or cleanup or detoxificationexpenses), and costs (including, without limitation, reasonable attorneys’ fees, consultant fees, or expert fees) which are brought or recoverable against Tenant to the preparation extent resulting from any Hazardous Materials that: (i) existed in the Premises and/or the Property prior the Commencement Date; or (ii) were not placed on the Premises and/or the Property by Tenant, or by any of Tenant’s agents, contractors, employees, subtenants, assignees, or invitees. The obligations of Landlord under this paragraph will survive termination or expiration of this Lease. (ii) Tenant will indemnify, defend, and implementation hold Landlord harmless from and against any and all losses, claims, demands, actions, fines, suits, damages, penalties, liabilities, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, reasonable attorneys’ fees, consultant fees, or expert fees) which are brought or recoverable against Landlord to the extent resulting from any Hazardous Materials that are brought onto the Premises by Tenant or its agents, employees, contractors, subtenants, assignees, or invitees. The obligations of any closure, monitoring Tenant under this paragraph will survive termination or other required plans, whether such action is required or necessary prior to or following the termination expiration of this Lease. Neither For the written consent avoidance of doubt, the liability of Tenant, and any indemnities provided by Landlord Tenant, shall not extend to Hazardous Materials: (i) that existed in the Premises and/or the Property prior to the presence Commencement Date; or (ii) that were not placed on the Premises and/or the Property by ▇▇▇▇▇▇, or by any of Tenant’s agents, contractors, employees, subtenants, assignees, or invitees. (iii) Hazardous Materials onshall also include, under but not be limited to, fuels, petroleum, and petroleum-derived products. Subject to the following sentence, ▇▇▇▇▇▇ agrees that no flammable or about explosive liquids or solids shall be stored within the Premises, nor . For the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination purpose of this Lease, flammable or explosive liquids or solids, and the term “Hazardous Materials,” shall not apply to lithium ion or lithium polymer batteries, or fuel or other flammables contained with the normal portions of any aircraft or automobile placed on or in Tenant’s trailers.

Hazardous Materials. (a) Tenant shall agrees that it will not cause nor permitrelease, nor allow any Tenant Party to cause discharge, place, hold, or permit, dispose of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used Material (as hereinafter defined) on, under or about at the Premises, in the Building, or on the Land, and that it will not use the Premises, the Building, the Common Area Land, or any other portion thereof as a site for the Projecttreatment, except for routine office and janitorial supplies storage, or disposal (whether permanent or temporary) of any Hazardous Material, other than materials used in usual and customary quantities stored, used and disposed the ordinary course of the business of Tenant in accordance with all applicable Environmental Applicable Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of further agrees that it will not cause or allow any Environmental Law asbestos to be incorporated into any improvements or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on alterations which Tenant makes or causes to be made to the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Building. (b) Tenant shall promptly take any and all steps necessary hereby agrees to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (with counsel reasonably approved by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claimslosses, judgments, causes of actionliabilities, damages, penaltiesinjuries, costs, fines, taxespenalties, costsexpenses and claims of any and every kind whatsoever (including without limitation, liabilitiesexpert and consultant fees, losses court costs and expenses arising attorneys’ fees at all tribunal levels) which at any time during or after the Term from time to time may be paid, incurred or suffered by, or asserted against Landlord for, with respect to, or as a direct or indirect result of (directly or indirectlyi) any breach by Tenant of or in connection with (a) Tenant and/or any Tenant Party’s breach the provisions of this Article 51 Paragraph, or (bii) the presence acts or omissions of Hazardous Materials onTenant or any agent, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activitiesemployee, invitee, licensee, or failure to actindependent contractor of Tenant resulting in or contributing to, in connection with the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, or release from, onto, or into the Premises. This indemnity shall include, the Building, the Land, the atmosphere, or any watercourse, body of water, or groundwater, of any Hazardous Material or (iii) the violation of any applicable law including, without limitation, the any third party claim or claims for contribution or cost recovery under applicable laws or common law. The provisions of any required or necessary repair, cleanup or detoxification, and the preparation undertakings and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following indemnification set forth in this paragraph shall survive the termination or expiration of this Lease, for any reason, and shall continue to be the liability, obligation and indemnification of Tenant, binding upon Tenant forever. Neither The provisions of the written consent by preceding sentence shall govern and control over any inconsistent provision of this Lease. (c) For purposes of this Lease, “Hazardous Material” means and includes any radioactive, hazardous or toxic substance, pollutant, contaminant, effluent, gas, petroleum product or medical product or waste defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called “Superfund” or “Superlien”, law, 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 radioactive, hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous, waste, substance or material, gas or petroleum product, and “Applicable Laws” shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, any so-called “Superfund” or “Superlien”, law, 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 radioactive, hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous, waste, substance or material, gas, petroleum product, medical product or waste. (d) Tenant shall provide Landlord to the presence with a list of any and all Hazardous Materials onreleased, under discharged, placed, held, or about disposed of on the Premises, nor the strict and certification to Landlord of compliance by Tenant with all Environmental Applicable Laws, shall excuse Tenant from Tenant’s obligation within ten days of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasea request therefor by Landlord.

Hazardous Materials. Tenant Catalytica shall not cause nor permit, nor allow any Tenant Party to cause or permit, advise CESI of any Hazardous Materials to be brought uponused or proposed for use in, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under or about the Final Occupancy Premises. Immediately following the commencement of this Agreement, Catalytica shall make available at such time as CESI shall designate, a listing of Hazardous Materials Catalytica is using on the BuildingInitial Occupancy Premises. Catalytica shall update this listing as requested by CESI. Promptly after the preparation thereof, the Common Area or the Project, except for routine office and janitorial supplies in usual and customary quantities stored, used and disposed of in accordance CESI will provide Catalytica with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence a copy of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the PremisesMaterials Business Plan or similar document prepared pursuant to applicable law. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant Catalytica shall indemnify, defend with counsel reasonably acceptable to CESI, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entitiesCESI, and each of their respective members, managers, partners, directors, officers, its employees, shareholders, lenders, agents, contractors, along with the successors stockholders, officers, directors, successors, personal representatives, and assigns of the foregoing, (individually and collectively, “Indemnitees”) from and against any and all claims, actions, suits, proceedings, judgments, causes of actionlosses, costs, personal injuries, damages, penaltiesliabilities, deficiencies, fines, taxespenalties, costsdamages, liabilitiesattorneys' fees, losses consultants' fees, investigations, detoxifications, remediations, removals, and expenses arising at any time of every type and nature, to the extent caused by the use, release, disposal, discharge or emission of Hazardous Materials on or about the Final Occupancy Premises during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 Agreement by Catalytica or Catalytica's employees, subtenants, agents or invitees other than CESI, Master Lessor or their agents or employees (b) "Catalytica Contamination"). Likewise to the presence of extent that CESI uses any Hazardous Materials on, under or about the Demised Premises, CESI shall indemnify, defend with counsel reasonably acceptable to Catalytica, protect, and hold harmless Catalytica, its employees, agents, contractors, stockholders, officers, directors, successors, personal representatives, and assigns from and against all claims, actions, suits, proceedings, judgments, losses, costs, personal injuries, damages, liabilities, deficiencies, tines, penalties, damages, attorneys' fees, consultants' fees, investigations, detoxifications, remediations, removals, and expenses of every type and nature, to the extent caused by the use, release, disposal, discharge or emission of Hazardous Materials on or about the Demised Premises by CESI or CESI's employees, subtenants, agents or invitees other property as than Catalytica, Master Lessor or their agents or employees. The provisions of this Paragraph 11 shall survive the termination of this Agreement. (a) Each party shall be responsible for obtaining and maintaining any and all governmental authorizations, clearances, consents, plans and permits required for its operations, including, without limitation, any required air permits, EPA identification numbers and Hazardous Materials business plans. Neither party shall not release or discharge any Hazardous Materials into any conduits to the sewer system on the Demised Premises (i.e. sinks, drains etc.). (b) For the purposes of this Agreement: (i) "Hazardous Material" ------------------ shall mean any material or substance that is prohibited or regulated by any Environmental Law or that has been designated by any governmental authority to be radioactive, toxic, hazardous or otherwise a result danger to health, reproduction or the environment; (directly ii) "Environmental Laws" shall mean all applicable laws, ------------------ directives, guidance, rules, regulations, orders, treaties, statutes, and codes promulgated by any governmental authority which prohibit, regulate or indirectly) of Tenant’s and/or control any Tenant Party’s activitiesHazardous Material or any Hazardous Material Activity, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, the cost Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Resource Recovery and Conservation Act of 1976, the Federal Water Pollution Control Act, the Clean Air Act, the Hazardous Materials Transportation Act, the Clean Water Act, all as amended at any time; and (iii) Hazardous Materials Activity shall mean the transportation, transfer, recycling, ---------------------------- storage, use, treatment, manufacture, removal, remediation, release, exposure of others to, sale, or distribution of any required Hazardous Material or necessary repairany product or waste containing a Hazardous Material, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant product manufactured with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leaseozone depleting substances.

Hazardous Materials. Tenant Landlord shall not cause nor permitindemnify, nor allow defend, protect, save, hold harmless, and reimburse Tenant, its partners, officers, directors and employees for, from and against any Tenant Party to cause and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or permitincident to, the production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Hazardous Materials to be brought upon, stored, manufactured, generated, blended, handled, recycled, treated, disposed or used on, under (defined below) on or about the PremisesProject by Landlord, its officers, employees, agents (in their capacity as agents) and/or independent contractors (in their capacity as independent contractors), including, without limitation, the Buildingeffects of handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Tenant's negligence or the Common Area handling by Tenant during Tenant's occupancy of the Premises of any Permitted Materials (as hereinafter defined) and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, except for routine office and janitorial supplies which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. For purposes hereof "Hazardous Materials" shall mean any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in usual and customary quantities storedthe definition of "hazardous substances" under any applicable federal, used and disposed of in accordance with all applicable Environmental Lawsstate or local law, regulation or ordinance (collectively, "Hazardous Materials"). Tenant shall indemnify, defend, protect, save, hold harmless, and Tenant’s Parties shall comply with reimburse Landlord, its partners, officers, directors and employees for, from and against any and all Environmental Laws costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and promptly notify Landlord expenses incurred in writing of connection with, arising out of, resulting from or incident to, the violation of any Environmental Law production, use, generation, storage, treatment, disposal, discharge, release or presence other handling or disposition of any Hazardous MaterialsMaterials on or about the Project by Tenant, its officers, employees, agents and/or independent contractors, including, without limitation, the effects of such handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Landlord's negligence or the handling by Landlord of any Permitted Materials and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and which prompt the initiation of a removal, response, remedial or other than office action by a governmental agency or authority possessing and janitorial supplies as permitted aboveexercising jurisdiction over the Project. Notwithstanding the provisions of this section, on the Premises. Tenant and Landlord shall have the right to enter upon use, generate and inspect store on the Premises and the Building, and transport to conduct testsand from the premises and the Building, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any those Hazardous Materials or which are generally used in the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors. In the event of any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify the same to the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord ordinary course in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty first class office buildings (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess deposit, as the case may be. Tenant shall indemnify, protect, defend (by counsel acceptable to Landlord) and hold harmless Landlord and Landlord’s affiliated entities, and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) from "Permitted Materials"); provided, however, that Tenant's use, generation, storage and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses arising at any time during or after the Term as a result (directly or indirectly) of or transport thereof is in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Lawsapplicable federal, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Leasestate and local laws, regulations andordinances and any manufacturers' instructions.

Hazardous Materials. Tenant Subtenant shall not cause nor permit, nor allow any Tenant Party to cause or permit, any permit “Hazardous Materials Materials” to be brought uponused, transported, stored, manufactured, generated, blendedreleased, handled, recycledproduced or installed in, treated, disposed on or used on, under or about from the Demised Premises, the Unit or the Building. The term “Hazardous Materials” shall, for the purposes hereof, mean any flammable, explosive or radioactive materials; hazardous wastes; hazardous and toxic substances or related materials; asbestos or any material containing asbestos; or any other such substance or material; in the definition of “hazardous substances”, “hazardous wastes”, “hazard materials”, “toxic substances”, or “contaminants” as defined by, or any materials regulated by, any federal, state or local law, ordinance, rule or regulation, including, without limitation, the Common Area or Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the ProjectHazardous Materials Transportation Act, except for routine office as amended, the Resource Conservation and janitorial supplies Recovery Act, as amended, and in usual the regulations adopted and customary quantities storedpublications promulgated pursuant to each of the foregoing (collectively, “Environmental Laws”). Notwithstanding the foregoing, the restriction in the first sentence of this Section 40 shall not be deemed to be a restriction on Operational Hazardous Materials typically and lawfully used in connection with the operation and disposed maintenance of offices (provided the same are used, handled and stored in accordance with all applicable Environmental Laws. Tenant and Tenant’s Parties shall comply with all Environmental Laws and promptly notify Landlord in writing of the violation of any Environmental Law or presence of any Hazardous Materials, other than office and janitorial supplies as permitted above, on the Premises. Landlord shall have the right to enter upon and inspect the Premises and to conduct tests, monitoring and investigations. If such tests indicate the presence of any environmental condition caused or exacerbated by Tenant or any Tenant Party or arising during Tenant’s or any Tenant Party’s occupancy, Tenant shall reimburse Landlord for the cost of conducting such tests. The phrase “environmental condition” shall mean any adverse condition relating to any Hazardous Materials or the environment, including surface water, groundwater, drinking water supply, land, surface or subsurface strata or the ambient air and includes air, land and water pollutants, noise, vibration, light and odors). In the event of a breach of the provisions of this Section 40, Main Landlord or Sublandlord shall, in addition to all of its rights and remedies under this Sublease and pursuant to applicable Legal Requirements, have the right to require the other, at Subtenant’s sole cost and expense, to promptly remove any such environmental condition, Tenant shall promptly take any and all steps necessary to rectify Hazardous Materials from the same to Subleased Premises or the satisfaction of the applicable agencies and Landlord, or shall, at Landlord’s election, reimburse Landlord, upon demand, for the cost to Landlord of performing rectifying work. The reimbursement shall be paid to Landlord in advance of Landlord’s performing such work, based upon Landlord’s reasonable estimate of the cost thereof; and upon completion of such work by Landlord, Tenant shall pay to Landlord any shortfall within thirty (30) days after Landlord bills Tenant therefore or Landlord shall within thirty (30) days refund to Tenant any excess depositUnit, as the case may be. Tenant be and (ii) Subtenant shall indemnify, protect, defend (by counsel acceptable to Landlord) indemnify and hold harmless Main Landlord and Landlord’s affiliated entities, Sublandlord and each of their respective members, managers, partners, directors, officers, employees, shareholders, lenders, agents, contractors, along with the successors and assigns of the foregoing, (individually and collectively, “Indemnitees”) harmless from and against any and all claimsloss, judgments, causes of actionliability, damages, penalties, fines, taxes, costs, liabilities, losses and costs and expenses arising at any time during or after the Term as a result (directly or indirectly) of or in connection with (a) Tenant and/or any Tenant Party’s breach of this Article 51 or (b) the presence of Hazardous Materials on, under or about the Premises or other property as a result (directly or indirectly) of Tenant’s and/or any Tenant Party’s activities, or failure to act, in connection with the Premises. This indemnity shall includeincluding, without limitation, reasonable attorneys’ fees and disbursements) that such indemnified parties may at any time suffer by reason of the cost existence of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination Hazardous Materials in accordance with this Section 40. The provisions of this Lease. Neither the written consent by Landlord to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by Tenant with all Environmental Laws, shall excuse Tenant from Tenant’s obligation of indemnification pursuant hereto. Tenant’s obligations pursuant to the foregoing indemnity Section 40 shall survive the expiration or sooner termination of this LeaseSublease. The term “Operational Hazardous Materials” shall mean any Hazardous Materials which are normally or reasonably used in the operation, maintenance or use of a Comparable Building, provided that the same are permitted to be used in such operation, maintenance or use by Legal Requirements and/or Insurance Requirements and are used, stored and disposed of in compliance in all material respects with Legal Requirements and/or Insurance Requirements, including, without limitation, use of fuels, heating oil, lubricants, pesticides, cleaning materials, paint and paint thinners, asphalt, caulks, and chemicals commonly used in connection with heating, plumbing, mechanical and electrical systems and in photocopying machines, computers, word processing equipment and other business machines (but excluding any Hazardous Materials which have been incorporated into the structure of the Building or the Base Systems in the course of the Base Building Work). “Comparable Buildings” shall mean first class office buildings of comparable size located in the area bounded by ▇▇▇▇ ▇▇▇▇▇▇ to 60th Street, from ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇.