Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant shall complyEach Party will be solely responsible at it own expense for the proper handling, at its sole cost storage, transport, treatment, disposal and expense, with all laws, ordinances, orders, rules and regulations use of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of such Party and its contractors and agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all includes those substances: (i) included within the definition of hazardous and substance, hazardous waste, hazardous material, toxic substancessubstance, solid waste or materials, any pollutant or contaminantcontaminant under any Applicable Law, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated (ii) listed by any Environmental Laws governmental agency as a hazardous substance. 19.4.1 CLEC shall in no event be liable to SBC-AMERITECH for any costs whatsoever resulting from the presence or release of any Hazardous Substances that would pose a health, safety or environmental hazardCLEC did not introduce to the affected work location. Tenant hereby agrees to SBC-AMERITECH shall indemnify, defend (at CLEC’s request) and hold harmless Landlord CLEC, each of its officers, directors and employees from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuriesclaims, demands, suits, liabilities, fines, penalties and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs fees) that arise out of settlement or judgment)result from: (i) any Hazardous Substances that SBC-AMERITECH, suits and claims of any and every kind whatsoever paid, incurred its contractors or suffered byagents introduce to the work locations, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, (ii) the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant for which SBC-AMERITECH is responsible under Applicable Law. 19.4.2 SBC-AMERITECH shall in no event be liable to CLEC for any costs whatsoever resulting from the presence or any release of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior that SBC-AMERITECH did not introduce to the date Landlord delivers affected work location. CLEC shall indemnify, defend (at SBC-AMERITECH’s request) and hold harmless SBC- AMERITECH, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (i) any Hazardous Substances that CLEC, its contractors or agents introduce to the Premises to Tenantwork locations, or (ii) the presence or release of any Hazardous Substances for which CLEC is responsible under Applicable Law.

Hazardous Substances. Tenant (a) Lessee shall complynot use nor allow the Premises to be used for the Release (as defined below), at its sole cost generation, transportation, storage, use, treatment, disposal or other handling (“Management”) of any Hazardous Substance, except (i) in the ordinary course of operations, (ii) in full compliance with applicable federal, state and expense, with all lawslocal environmental statutes, ordinances, rules, regulations, codes, orders, rules ordinances, Environmental Permits (as defined below), notice and regulations consent or settlement agreements in effect at any time during the term of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment this Lease (collectively, “Environmental Laws”), and (iii) with the prior written consent of Lessor. Lessee shall not implement any modifications of current operations or activities or implement any new operations or activities at the Premises that materially change the type or quantity of, or manner in the use, occupancy and operation of the Premises. Tenant agrees that no which Hazardous Substances (defined below) shall be used, located, stored are Managed or processed on Released at the Premises by Tenant or any of without Lessor’s prior written consent. (b) Lessee shall comply with and will cause its agents, representatives, invitees, employees, contractorssubtenants of Lessee or any other occupant to comply with all Environmental Laws applicable to the Premises, assigns, subtenants, guest or invitees, and no the Release or Management of Hazardous Substances will be released at, on, about or discharged from the Premises or the Lessee’s use, operations or activities at the Premises. The term . (c) Lessee shall obtain in its own name any and all environmental permits, certificates, licenses, approvals, registrations and authorizations (“Hazardous Substances” Environmental Permits”) required by Environmental Laws for the Premises and the conduct of its operations or activities at the Premises, maintain all such Environmental Permits in full force and effect, timely file all renewal applications and remain in compliance with all such Environmental Permits. (d) To the extent required by and within the time period required by Environmental Laws, Lessee shall mean and include all hazardous and report any release, spill, leak, discharge, disposal, pumping, pouring, emission, emptying, injecting, leaching, dumping escaping or threat thereof (“Release”) of any hazardous, toxic substancesor polluting substance, waste or materialsmaterial, any pollutant or contaminant, contaminant including, without limitation, PCB’spetroleum or petroleum products, asbestos asbestos, PCBs or radioactive materials (“Hazardous Substance”) at, on, from or affecting the Premises first arising after the Effective Date during the term of the Lease (or arising, directly or indirectly, from Lessee’s or its affiliates’ use of the Premises prior to the Effective Date) to the appropriate governmental authorities and raw materials immediately provide notice of such Release to Lessor including a description of measures taken or proposed to be taken by Lessee to respond to such Release. To the extent that include hazardous constituents investigation, remedial action or any other similar substances or materials that are now or hereafter included under or regulated response action (“Response Action”) is required by any Environmental Law for such a Release, Lessee shall promptly undertake such action to the extent required by applicable Environmental Laws and to the extent necessary so as not to materially effect the condition, use, value, operations or that would pose a health, safety or environmental hazard. Tenant hereby agrees to possession of the premises and shall indemnify, defend and hold Lessor harmless Landlord with respect thereto and for any damage to property, person, and/or the environment. (e) Lessee will promptly notify Lessor of any known Release of Hazardous Substances at, on, from or affecting the Premises, including any Release caused by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants or trespassers (which Release is not made pursuant to and against in conformance with the terms of an Environmental Permit) regardless of whether such Release first occurred prior to or after the Effective Date and of any non-routine governmental filings made or notices received from any governmental authority or private party during the Lease Term and relating to environmental matters or conditions at or in the vicinity of the Premises. (f) If Lessor reasonably believes Lessee is in breach of any of the covenants in Section 5.4 of this Lease, Lessor may upon notice to Lessee request an independent engineer or other qualified consultant or expert acceptable to Lessor, to conduct, at Lessee’s expense, an environmental assessment of the Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Lessor, and all lossesof the engineer’s, liabilities (includingconsultant’s, but not limited to, strict liabilityor expert’s work product shall be made available to Lessor. Notwithstanding Lessee’s obligations under this Section 5.4(f), damagesLessor, injuriesin its sole discretion, expenses may conduct environmental assessments of the Premises at any time. (includingg) At Lessor’s request from time to time, but not limited toLessee shall execute affidavits, court costsrepresentations and the like concerning Lessee’s knowledge and belief regarding the presence of Hazardous Substances at, litigation expenseson, about or from the Premises. (h) Lessee shall reimburse Lessor, upon demand, the reasonable attorneys’ fees and costs of settlement or judgment), suits and claims cost of any and every kind whatsoever paidtesting for the purpose of ascertaining if there has been any Release of Hazardous Substances at, incurred on, about or suffered byfrom the Premises, or asserted against, Landlord if such testing is required by any persongovernmental agency, entity applicable Environmental Laws or governmental agency forLessor’s Mortgagee. (i) Lessee shall, with respect toupon expiration of this Lease, or as a direct or indirect result of, surrender the Premises to Lessor free from the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances used by Tenant or any of Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants (other than Lessor, its agents, representatives, invitees or employees, contractors, assigns, subtenants, guest ) or invitees. Tenant trespassers or any existing conditions aggravated by the acts or omissions of Lessee (and not resulting from the negligent acts of the Lessor). (j) Lessee shall not be responsible for all regulatory requirements in connection with any storage tanks, asbestos or asbestos containing materials, polychlorinated biphenyls, and Hazardous Substances located at, on or about the Premises Premises. (k) Lessor and Lessee shall reasonably cooperate in connection with any Response Actions to be conducted at, on or about the Premises, including but not limited to keeping the other reasonably informed of such Response Actions and executing any necessary documents or consents required to be executed in connection thereto. Lessee will notify Lessor, and provide Lessor the opportunity to attend, all meetings with applicable authorities in connection with any suggested, threatened or pending Response Action, and Lessor shall have the right to approve in advance all proposed Response Actions. Lessor will, when reasonable under the circumstances, notify Lessee prior to commencing Response Actions required to be performed by Lessor and shall minimize, to the date Landlord delivers extent reasonably possible, interference with Lessee’s operations or activities at the Premises Premises. To the extent permitted by the Environmental Laws, Lessee shall allow Lessor to Tenantutilize Lessee’s Environmental Permits to implement Response Actions at, on or about the Premises.

Hazardous Substances. Tenant (i) Licensee shall complynot discharge, release emit or create the threat of release of any Hazardous Substances at its sole cost the Property except in accordance with the Allowed Uses, and expenseneither Licensee nor Licensor shall discharge, release, emit or create the threat of release of any Hazardous Substances at the Property except in compliance with all laws, ordinances, orders, rules applicable HSE Laws and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment Licensor’s Procedures. (collectively, “Environmental Laws”ii) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) Licensor shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold Licensee harmless Landlord from and against any and all lossesactions, liabilities (includingclaims, but not limited todemands, strict liability)judgments, penalties, liabilities, costs, damages, injuriesobligations, expenses (including, but not limited to, court costs, litigation prohibitions and expenses, reasonable attorneys’ including court costs and attorney’s fees (but excluding any consequential, incidental and costs of settlement or judgment), suits special damages and claims of any and every kind whatsoever paid, lost profits) incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release Licensee resulting from the Premises existence of any Hazardous Substances deposited in, upon, under, over or from the Property, or resulting from allegations that Licensee is liable for Hazardous Substances originating from, transported from or otherwise related to the Property, unless and only to the extent such Hazardous Substances are deposited in, upon, under, over or from the Property by Tenant Licensee, or Licensee has directly arranged for such Hazardous Substances to originate from, be transported from or be otherwise related to the Property, in each case subsequent to the Commencement Date. All of Licensor’s obligations under this subparagraph (d)(2) shall survive the expiration or termination of this Agreement. (iii) Licensee shall indemnify, defend and hold Licensor harmless against any and all actions, claims, demands, judgments, penalties, liabilities, costs, damages, obligations, prohibitions and expenses, including court costs and attorney’s fees (but excluding any consequential, incidental and special damages and lost profits) incurred by Licensor to the extent resulting from the existence of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substance deposited in, upon, under, over or from the Property by Licensee, or resulting from allegations that Licensor is liable for Hazardous Substances located that, as a direct result of the actions of Licensee, originated from, were transported from or were otherwise related to the Property, in each case subsequent to the Commencement Date. The obligations of Licensee set forth within this subparagraph (c) shall expire on the Premises prior to last day of the second year after the expiration or earlier termination date Landlord delivers the Premises to Tenantof this Agreement.

Hazardous Substances. Tenant (a) Lessee shall complynot use nor allow the Premises to be used for the Release (as defined below), at its sole cost generation, transportation, storage, use, treatment, disposal or other handling (“Management”) of any Hazardous Substance, except (i) in the ordinary course of operations, (ii) in full compliance with applicable federal, state and expense, with all lawslocal environmental statutes, ordinances, rules, regulations, codes, orders, rules ordinances, Environmental Permits (as defined below), notice and regulations consent or settlement agreements in effect at any time during the term of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment this Lease (collectively, “Environmental Laws”), and (iii) with the prior written consent of Lessor. Lessee shall not implement any modifications of current operations or activities or implement any new operations or activities at the Premises that materially change the type or quantity of, or manner in the use, occupancy and operation of the Premises. Tenant agrees that no which Hazardous Substances (defined below) shall be used, located, stored are Managed or processed on Released at the Premises by Tenant or any of without Lessor’s prior written consent. (b) Lessee shall comply with and will cause its agents, representatives, invitees, employees, contractorssubtenants of Lessee or any other occupant to comply with all Environmental Laws applicable to the Premises, assigns, subtenants, guest or invitees, and no the Release or Management of Hazardous Substances will be released at, on, about or discharged from the Premises or the Lessee’s use, operations or activities at the Premises. The term . (c) Lessee shall obtain in its own name any and all environmental permits, certificates, licenses, approvals, registrations and authorizations (“Hazardous Substances” Environmental Permits”) required by Environmental Laws for the Premises and the conduct of its operations or activities at the Premises, maintain all such Environmental Permits in full force and effect, timely file all renewal applications and remain in compliance with all such Environmental Permits. (d) To the extent required by and within the time period required by Environmental Laws, Lessee shall mean and include all hazardous and report any release, spill, leak, discharge, disposal, pumping, pouring, emission, emptying, injecting, leaching, dumping escaping or threat thereof (“Release”) of any hazardous, toxic substancesor polluting substance, waste or materialsmaterial, any pollutant or contaminant, contaminant including, without limitation, PCB’spetroleum or petroleum products, asbestos and raw asbestos, PCBs or radioactive materials that include hazardous constituents (“Hazardous Substance”) at, on, from or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from affecting the Premises first arising after the date hereof during the term of any Hazardous Substances by Tenant the Lease (or any arising, directly or indirectly, from Lessee’s or its affiliates’ use of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers hereof) to the appropriate governmental authorities and immediately provide notice of such Release to Lessor including a description of measures taken or proposed to be taken by Lessee to respond to such Release. To the extent that investigation, remedial action or other response action (“Response Action”) is required by Environmental Law for such a Release, Lessee shall promptly undertake such action to the extent required by applicable Environmental Laws and to the extent necessary so as not to materially effect the condition, use, value, operations or possession of the premises and shall indemnify, defend and hold Lessor harmless with respect thereto and for any damage to property, person, and/or the environment. (e) Lessee will promptly notify Lessor of any known Release of Hazardous Substances at, on, from or affecting the Premises, including any Release caused by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants or trespassers (which Release is not made pursuant to and in conformance with the terms of an Environmental Permit) regardless of whether such Release first occurred prior to or after the date hereof and of any non-routine governmental filings made or notices received from any governmental authority or private party during the Lease Term and relating to environmental matters or conditions at or in the vicinity of the Premises. (f) If Lessor reasonably believes Lessee is in breach of any of the covenants in Section 5.4 of this Lease, Lessor may upon notice to Lessee request an independent engineer or other qualified consultant or expert acceptable to Lessor, to conduct, at Lessee’s expense, an environmental assessment of the Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Lessor, and all of the engineer’s, consultant’s, or expert’s work product shall be made available to Lessor. Notwithstanding Lessee’s obligations under this Section 5.4(f), Lessor, in its sole discretion, may conduct environmental assessments of the Premises at any time. (g) At Lessor’s request from time to time, Lessee shall execute affidavits, representations and the like concerning Lessee’s knowledge and belief regarding the presence of Hazardous Substances at, on, about or from the Premises. (h) Lessee shall reimburse Lessor, upon demand, the reasonable cost of any testing for the purpose of ascertaining if there has been any Release of Hazardous Substances at, on, about or from the Premises, if such testing is required by any governmental agency, applicable Environmental Laws or Lessor’s Mortgagee. (i) Lessee shall, upon expiration of this Lease, surrender the Premises to TenantLessor free from the presence of any Hazardous Substances used by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants (other than Lessor, its agents, representatives, invitees or employees) or trespassers or any existing conditions aggravated by the acts or omissions of Lessee (and not resulting from the negligent acts of the Lessor). (j) Lessee shall be responsible for all regulatory requirements in connection with any storage tanks, asbestos or asbestos containing materials, polychlorinated biphenyls, and Hazardous Substances located at, on or about the Premises. (k) Lessor and Lessee shall reasonably cooperate in connection with any Response Actions to be conducted at, on or about the Premises, including but not limited to keeping the other reasonably informed of such Response Actions and executing any necessary documents or consents required to be executed in connection thereto. Lessee will notify Lessor, and provide Lessor the opportunity to attend, all meetings with applicable authorities in connection with any suggested, threatened or pending Response Action, and Lessor shall have the right to approve in advance all proposed Response Actions. Lessor will, when reasonable under the circumstances, notify Lessee prior to commencing Response Actions required to be performed by Lessor and shall minimize, to the extent reasonably possible, interference with Lessee’s operations or activities at the Premises. To the extent permitted by the Environmental Laws, Lessee shall allow Lessor to utilize Lessee’s Environmental Permits to implement Response Actions at, on or about the Premises.

Hazardous Substances. Tenant (a) shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the not use, occupancy and process, release, discharge, generate, treat, store, transport or dispose of any Hazardous Substances on, in, under or through the Premises or Property (other than substances necessary for the proper operation of the Premises. Tenant agrees that no business machines (e.g., photocopying machines and printers)), and (b) shall prohibit its employees, licensees, subtenants, invitees and third party contractors from using, processing, releasing, discharging, generating, treating, storing or disposing of any Hazardous Substances (defined below) shall be usedon, locatedin, stored under or processed on through the Premises by or Property, in either case in quantities or concentrations or in a manner which would violate any applicable Requirement. In addition to any other obligation or liability that Tenant may have hereunder or under applicable law, if Tenant or any of its agents, Tenant’s employees, contractors, assignslicensees, subtenants, guest invitees or inviteesthird party contractors uses, and no processes, releases, discharges, treats, generates, stores, transports or disposes of any Hazardous Substances will be released Substance on, in, under or discharged through the Premises or the Property in violation of the terms of this Lease or applicable law, then Tenant upon discovering same or upon notice from Landlord or any governmental authority shall immediately remove such Hazardous Substance from the PremisesPremises and the Property at Tenant’s sole cost and expense in accordance with all applicable Requirements. The Tenant hereby indemnifies and holds Landlord harmless from any loss, cost, claim, damage or expense including reasonable attorneys’ fees arising out of a breach by Tenant of its obligations under this Section, which indemnification obligation shall survive the expiration or termination of this Lease. For purposes hereof the term “Hazardous Substances” shall mean any and include all substances (whether liquid, solid or gas) defined, listed or otherwise classified as pollutants, hazardous and toxic wastes, hazardous substances, waste or hazardous materials, extremely hazardous wastes, or words or terms of similar regulatory effect under any pollutant present or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws future Requirement or that would pose may have a negative impact on human health, safety or environmental hazard. Tenant hereby agrees to indemnifythe environment, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability)petroleum and petroleum products, damagesasbestos and asbestos-containing materials, injuriespolychlorinated biphenyls, expenses (includinglead, but not limited tolead-based paints, court costsradon, litigation expensesradioactive materials, reasonable attorneys’ fees flammables and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexplosives.

Hazardous Substances. Tenant Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization, Client shall complyindemnify, at defend and save Consultant and its sole cost affiliates, consultants, agents, subcontractors and expensesuppliers of any tier, with and any and all lawsemployees, ordinancesofficers, ordersdirectors of any of the foregoing, rules if any, from and regulations against any and all claims (including, without limitation, all penalties, attorney’s fees, fines and administrative or civil sanctions arising out of all stateor related to such claim), federallosses, municipal costs, expenses, judgments, damages (including incidental, consequential, indirect and other governmental special damages), penalties, and liabilities of any kind or judicial agencies nature whatsoever (collectively “Losses”), suffered as a result of, or bodies arising out of, or in connection with, the performance of the Services and relating to the regulation and/or protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantenvironment, including, without limitation, PCB’sLosses incurred in connection with characterization, asbestos handling, transportation, storage, removal, remediation, disturbance or disposal of radioactive, hazardous, polluted, toxic, or contaminated substances and raw materials that include hazardous constituents materials, whether above or any below ground and not brought to a Client site or other similar substances or materials that are now or hereafter included under or regulated proposed project site by any Environmental Laws or that would pose a health, safety or environmental hazardConsultant in the performance of the Services without Client’s approval. Tenant hereby agrees to Consultant shall indemnify, defend and hold save Client harmless Landlord from and against any direct loss or liability sustained by Client to the proportionate extent such loss or liability arises from Consultant’s negligence or willful misconduct in the handling of any radioactive, hazardous, polluted, toxic or contaminated substances or materials but only when such radioactive, hazardous, polluted, toxic or contaminated substances or materials are brought to a Client site or other proposed project site by Consultant in the performance of the Services and not at the direction of Client. Client shall at all times retain exclusive control over and final approval of and shall be solely responsible for evaluation, implementation and all lossesother decisions relating to environmental laws, liabilities (includingrules and regulations and the characterization, but not limited toremoval, strict liability)remediation, damagestransportation, injuriesdisturbance or disposal of radioactive, expenses (includinghazardous, but not limited topolluted, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered bytoxic, or asserted againstcontaminated substances and materials, Landlord by any person, entity whether above or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantbelow ground.

Hazardous Substances. Except for Pre-Existing Hazardous Substances, during the Term, Tenant and/or the Tenant Parties shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations not allow the presence in or about the Premises of all state, federal, municipal and other governmental or judicial agencies or bodies relating any Hazardous Substance in any manner that could be a detriment to the protection Premises or in violation of public health, safety, welfare or the environment (collectively, “any Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no and/or the Tenant Parties shall not allow any Hazardous Substances (defined below) shall be usedSubstances, locatedincluding Pre-Existing Hazardous Substances, stored or processed on to migrate off the Premises by Tenant and shall not allow the release, spill, discharge, leak, emission, injection, escape, migration, or any of its agentsdumping in, employeeson, contractorsabout, assigns, subtenants, guest from or invitees, and no Hazardous Substances will be released or discharged from adjacent to the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities Premises (including, but not limited to, strict liability)storm drains, damagessanitary sewer systems, injuriessurface waters, expenses (includingsoils, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement underground waters or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises air) of any Hazardous Substances by onto the Premises or adjacent surface waters, soils, underground waters, or air in violation of Environmental Laws; provided however, that neither Tenant or nor any of its agents, employees, contractors, assigns, subtenants, guest or invitees. the Tenant Parties shall not be responsible for any passive migration of Pre-Existing Hazardous Substances located onto the Property from off-Property areas or from the Property to off-Property areas unless such migration was directly caused or exacerbated by an act or omission of Tenant and/or the Tenant Parties. To the extent applicable, but not with respect to Pre-Existing Hazardous Substances (which shall remain the sole responsibility of the Port), Tenant shall provide the Port with Tenant and/or the Tenant Parties’ USEPA Waste Generator Number(s) and, upon request, copies of all Safety Data Sheets (SDS) for all Hazardous Substances used or stored on the Premises prior Premises, Generator Annual Dangerous Waste Reports, environmentally related regulatory permits or approvals (including revisions or renewals), and any correspondence Tenant and/or the Tenant Parties receives from, or provides to, any governmental unit or agency in connection with their handling of Hazardous Substances or the presence, or possible presence, of any Hazardous Substance in, on, about, or migrating from the Premises. Tenant and/or the Tenant Parties shall promptly report any spills or emissions of Hazardous Substances to the date Landlord delivers Port and, as required by applicable Environmental Laws, to the Premises to Tenantappropriate regulatory authorities.

Hazardous Substances. Tenant Except for cleaning solvents and other similar substances which are required for the Permitted Use, all of which shall complybe used, at handled, stored, transported and disposed of by Lessee in accordance with all laws and regulations, Lessee shall not use, generate, transport, treat, store, dispose of or otherwise handle Hazardous Substances on the Premises without the prior written consent of Lessor. Lessor may withhold such consent in its sole cost discretion or may condition such consent upon Lessee's agreement to comply with requirements designed by Lessor. The term "HAZARDOUS SUBSTANCES" shall mean any and expenseall hazardous, with all lawstoxic, ordinancesinfectious or radioactive substances, orders, rules and regulations of all state, wastes or materials as defined or listed by any federal, municipal and other governmental state or judicial agencies local statute, regulation or bodies relating ordinance pertaining to the protection of public health, safety, welfare human health or the environment (collectivelyand shall specifically include petroleum oil and its fractions. Upon expiration or termination of this Lease for any reason, “Environmental Laws”) Lessee shall remove from the Premises all Hazardous Substances and their containers brought onto the Premises by Lessee or its employees, agents, licensees, contractors or subtenants, and Lessee shall certify in the use, occupancy and operation of the Premises. Tenant agrees writing to Lessor that no Hazardous Substances (defined below) shall be usedSubstance has been leaked, locatedspilled, stored released or processed disposed on or about the Premises by Tenant Lessee or any of its employees, agents, employeeslicensees, contractorscontractors or subtenants during the Term of the Lease. Notwithstanding the foregoing, assignsLessor shall hold Lessee harmless from any claims, subtenantsdemands, guest or inviteesactions, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesliabilities, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees damages and obligations of any nature--including costs of settlement or judgment), suits clearance and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible remedial measures--for any Hazardous Substances located contamination existing on the Premises prior to occupation thereof by Lessee or caused by Lessor subsequent thereto, whether or not discovered prior to or after the date Landlord delivers the Premises to TenantCommencement Date.

Hazardous Substances. Tenant Lessee shall complynot cause or permit any Hazardous Materials to be used, stored, generated, or disposed of on, in, or about the Premises. If any Hazardous Materials are used, stored, generated, or disposed of on, in, or about the Premises, except pursuant to Lessor’s prior written consent, or if any part of the Premises becomes contaminated in any manner for which Lessee is legally liable, then, except to the extent caused by the gross negligence and willful misconduct of Lessor, Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and/or losses (including without limitation, a decrease in the value of the Premises, damages caused by loss or restriction of rentable or usable space, damages caused by adverse impact on marketing of space, and any and all sums paid for settlement of claims, attorneys’ fees, consultants’ fees and experts’ fees) arising during or after the Lease term or any renewal thereof and arising in connection with such Hazardous Materials or contamination. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any clean- up, removal, or restoration mandated or conducted by or on behalf of any federal, state or local agency or political subdivision. Without limitation of the foregoing, if Lessee causes or permits the presence of any Hazardous Materials on the Premises and that results in contamination, then Lessee shall promptly, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against take any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement necessary or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from appropriate actions to return the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on to the Premises condition existing prior to the date Landlord delivers the Premises to Tenantpresence of any such Hazardous Materials. Lessee shall first obtain Lessor’s written approval for any such remedial action.

Hazardous Substances. Tenant Lessee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any hazardous substances to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed on disposed of on, in or about the Premises by Tenant or any of its Lessee, Lessee’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees; provided, however, that Lessee may keep and use small quantities of hazardous substances as are necessary in the ordinary course of Lessee’s business, and no Hazardous Substances will be released or discharged from further provided that Lessee shall handle, store, use and dispose of any such hazardous substance in accordance with applicable Federal, State and local laws and regulations, and in a manner which shall not cause contamination to the Premises. The term “Hazardous Substances” Lessee shall mean indemnify and include all hold Lessor harmless from any liability, claim, demand, order or injury (including reasonable attorney, consultant and expert fees), arising from Lessee’s, or Lessee’s agents’, employees’, contractors’ or invitees’ handling, storage, disposal or release of any hazardous and toxic substancessubstance in, waste under or materials, any pollutant or contaminantabout the Premises, including, without limitation, PCB’sthe cost of any required or necessary repair, asbestos cleanup, remediation or detoxification of the Premises. The foregoing covenants and raw materials indemnification shall survive the expiration of the term of this Lease. The foregoing covenants and indemnification are cumulative to any rights or remedies which Lessor or Lessee may have at law or in equity, and shall not operate to limit such rights or remedies. As used herein, “hazardous substance” means any substance that include hazardous constituents is toxic, ignitable, reactive or any other similar substances corrosive, and whose storage, handling, disposal or materials that are now or hereafter included under or transport is regulated by Federal, State or local statute, rule, regulation or ordinance, and shall include any Environmental Laws material or substance that would pose is defined as “hazardous waste,” “extremely hazardous waste” or a health“hazardous substance” pursuant to Federal, safety State or environmental hazard. Tenant hereby agrees to indemnifylocal statute, defend and hold harmless Landlord from and against any and all lossesrule, liabilities (regulation or ordinance, including, but not limited to, strict liability)asbestos, damages, injuries, expenses polychlorinated biphenyls (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees “PCBs”) and costs of settlement petroleum. In no event shall Tenant be liable or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises environmental conditions or hazardous substances existing prior to the date Landlord delivers the Premises to Tenant.of this Lease

Hazardous Substances. Tenant Except for normal cleaning solvents and office supplies used in connection with Tenant’s business (which shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall times be used, locatedhandled, stored transported, stored, generated and disposed of in compliance with all applicable Laws), Tenant shall not cause or processed on permit any Hazardous Substance (as hereinafter defined) to be used, handled, transported, stored, generated or disposed of on, in or from the Premises Property by Tenant or any of Tenant, its agents, employees, contractors, assigns, subtenants, guest invitees or invitees, and no licensees. If Hazardous Substances will be released are used, handled, transported, stored, generated or discharged from disposed of on the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in Premises or the escapeProperty by Tenant, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assignsinvitees or licensees, subtenantsor if the Premises or the Property (or any portion thereof) becomes contaminated in any manner as a result of the acts or omissions (or alleged acts or omissions) of Tenant, guest its agents, employees, contractors, invitees or inviteeslicensees or if Tenant shall otherwise breach (or permit a breach) of its obligations under this Section 6.05, Tenant shall indemnify, hold harmless and defend Landlord and the other Landlord Indemnitees (as hereinafter defined) from and against any and all legal action, claims, expenses, costs, damages, loss, liability, penalties, fees and other expenses, including, without limitation, reasonable legal fees and disbursements (collectively, “Liabilities”), which shall include, without limitation, a decrease in value of the Property, damages due to loss or restriction of leasable or usable space and damages due to adverse impact on marketing of the Building or the Property, arising during or after the Term and relating to such contamination. Such indemnification shall include, without limitation, all costs incurred by Landlord duo to any investigation of the Property or any part thereof or any cleanup, removal or restoration, whether or not required by laws. If Tenant causes or permits the presence or release of any Hazardous Substance on the Property. Tenant shall not be responsible for any Hazardous Substances located on promptly, at its sole expense, take all action necessary to return the Premises Property to the condition existing prior to the date presence or release of such Hazardous Substance or Landlord delivers may (hut shall have no obligations to) remove or remediate same at Tenant’s sole cost. Tenant shall obtain Landlord’s prior consent to any such action and such action shall constitute Tenant’s Changes to be performed strictly in accordance with the Premises terms and conditions of Article 12. Notwithstanding anything to Tenant.the contrary contained in this Lease,

Hazardous Substances. Tenant shall complyEach Party will be solely responsible at it own expense for the proper handling, at its sole cost storage, transport, treatment, disposal and expense, with all laws, ordinances, orders, rules and regulations use of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of such Party and its contractors and agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all includes those substances: (i) included within the definition of hazardous and substance, hazardous waste, hazardous material, toxic substancessubstance, solid waste or materials, any pollutant or contaminantcontaminant under any Applicable Law, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated (ii) listed by any Environmental Laws governmental agency as a hazardous substance. 19.4.1 CLEC shall in no event be liable to SBC-AMERITECH for any costs whatsoever resulting from the presence or release of any Hazardous Substances that would pose a health, safety or environmental hazardCLEC did not introduce to the affected work location. Tenant hereby agrees to SBC-AMERITECH shall indemnify, defend (at CLEC’s request) and hold harmless Landlord CLEC, each of its officers, directors and employees from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuriesclaims, demands, suits, liabilities, fines, penalties and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs fees) that arise out of settlement or judgment)result from: (i) any Hazardous Substances that SBC-AMERITECH, suits and claims of any and every kind whatsoever paid, incurred its contractors or suffered byagents introduce to the work locations, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, (ii) the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant for which SBC- AMERITECH is responsible under Applicable Law. 19.4.2 SBC-AMERITECH shall in no event be liable to CLEC for any costs whatsoever resulting from the presence or any release of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior that SBC- AMERITECH did not introduce to the date Landlord delivers affected work location. CLEC shall indemnify, defend (at SBC-AMERITECH’s request) and hold harmless SBC-AMERITECH, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (i) any Hazardous Substances that CLEC, its contractors or agents introduce to the Premises to Tenantwork locations, or (ii) the presence or release of any Hazardous Substances for which CLEC is responsible under Applicable Law.

Hazardous Substances. (a) Tenant shall comply, at its sole cost and expensecovenants that Tenant, with respect to its use and operation on the Premises and within the Project during the Term, will remain in compliance with all lawsapplicable federal, state and local statutes, ordinances, ordersregulations, rules and regulations of all state, federal, municipal and other governmental laws presently in force or judicial agencies or bodies hereafter enacted relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation protection of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedenvironment, locatedenvironmental quality, stored or processed on contamination and clean-up of hazardous materials, including, without limitation, the Premises by Tenant or any Comprehensive Environmental Response, Compensation and Liability Act of its agents1980, employeesas amended, contractorsthe Resource, assignsConservation and Recovery Act of 1976, subtenants, guest or inviteesas amended, and no Hazardous Substances will be released state superfund and environmental clean-up statutes and all rules and regulations presently or discharged from hereafter enacted ("environmental laws"). As used above, the Premises. The term “Hazardous Substances” "hazardous materials" shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’sasbestos, asbestos PCBs, petroleum and petroleum-based products and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeslaws. Tenant shall not be responsible for release, generate, manufacture, store, treat, transport or dispose of any Hazardous Substances located hazardous material on or about the Project or any part thereof; however, Tenant may store, transport and use such hazardous materials as historically used by Tenant in the ordinary course of the operation of its business in compliance with all applicable environmental laws. Tenant will immediately notify Landlord and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports or notices relating to the condition of the Premises or compliance with environmental laws. Tenant shall maintain all required records and file any necessary documents with the appropriate agencies relating to the use, storage or transportation of any hazardous materials on, to, from or about the Premises. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant's sole cost), and hold Landlord harmless from and against all losses, liabilities, obligations, penalties, claims, demands, judgments, costs and other damages, that are suffered or incurred by Landlord and arising from the release or other deposit during the Term of any hazardous material by Tenant, its employees, agents or contractors, on, in, under or affecting all or any portion of the Premises or the Project, or any breach of any obligation or agreement of Tenant in this paragraph. This indemnification obligation shall survive the termination of this Lease. (b) Except as provided in subparagraph (a) above, Landlord covenants that Landlord, with respect to its use and operation on the Premises prior Project during the Term, will remain in compliance with all applicable environmental laws. Landlord shall not release, generate, manufacture, store, treat, transport or dispose of any hazardous material on or about the Project or any part thereof; however, Landlord may store, transport and use such hazardous materials used by Landlord in the ordinary course of the operation of its business in compliance with all applicable environmental laws. Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant and at Landlord's sole cost), and hold Tenant harmless from and against all losses, liabilities, obligations, penalties, claims, demands, judgments, costs and other damages, that are suffered or incurred by Tenant and caused by the date Landlord delivers release or other deposit of any hazardous material by Landlord, its employees, agents (not including Tenant under the Premises to TenantManagement Services Agreement) or contractors, on, in, under or affecting all or any portion of the Project. This indemnification obligation shall survive the termination of this Lease.

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw(s). Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 12 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 12 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 13 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. Tenant (i) Licensee shall complynot discharge, release emit or create the threat of release of any Hazardous Substances at its sole cost the Property except in accordance with the Allowed Uses, and expenseneither Licensee nor Licensor shall discharge, release, emit or create the threat of release of any Hazardous Substances at the Property except in compliance with all laws, ordinances, orders, rules applicable HSE Laws and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment Licensor’s Procedures. (collectively, “Environmental Laws”ii) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) Licensor shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold Licensee harmless Landlord from and against any and all lossesactions, liabilities (includingclaims, but not limited todemands, strict liability)judgments, penalties, liabilities, costs, damages, injuriesobligations, expenses (including, but not limited to, court costs, litigation prohibitions and expenses, reasonable attorneys’ including court costs and attorney’s fees (but excluding any consequential, incidental and costs of settlement or judgment), suits special damages and claims of any and every kind whatsoever paid, lost profits) incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release Licensee resulting from the Premises existence of any Hazardous Substances deposited in, upon, under, over or from the Property, or resulting from allegations that Licensee is liable for Hazardous Substances originating from, transported from or otherwise related to the Property, unless and only to the extent such Hazardous Substances are deposited in, upon, under, over or from the Property by Tenant Licensee, or Licensee has directly arranged for such Hazardous Substances to originate from, be transported from or be otherwise related to the Property, in each case subsequent to the Commencement Date. All of Licensor’s obligations under this subparagraph (d)(ii) shall survive the expiration or termination of this Agreement. (iii) Licensee shall indemnify, defend and hold Licensor harmless against any and all actions, claims, demands, judgments, penalties, liabilities, costs, damages, obligations, prohibitions and expenses, including court costs and attorney’s fees (but excluding any consequential, incidental and special damages and lost profits) incurred by Licensor to the extent resulting from the existence of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substance deposited in, upon, under, over or from the Property by Licensee, or resulting from allegations that Licensor is liable for Hazardous Substances located that, as a direct result of the actions of Licensee, originated from, were transported from or were otherwise related to the Property, in each case subsequent to the Commencement Date. The obligations of Licensee set forth within this subparagraph (c) shall expire on the Premises prior to last day of the second year after the expiration or earlier termination date Landlord delivers the Premises to Tenantof this Agreement.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises. Tenant agrees that no Hazardous Substances (defined belowas hereinafter defined) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Leased Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees. Tenant shall , including, without limitation, any losses, liabilities (including, but not be responsible for limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantso-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at its sole cost the Project or any part thereof, except for Hazardous Substances as are commonly and expenselegally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all laws, ordinances, orders, applicable governmental rules and regulations concerning the use or production of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “such Hazardous Substances” . For purposes of this Article 43, "Hazardous Substances" shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or the list of toxic substancespollutants designated by Congress or the EPA which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Demised Premises of any Hazardous Substances by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agents, employees, contractors, assigns, subtenants, guest the covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenanttermination of this Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the fee use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or or, environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), liability damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. (a) Except as disclosed on the Tenant’s Questionnaire attached hereto as Exhibit C, Tenant agrees that it shall complynot store, at its sole cost and expenseuse, with all lawspossess, ordinancesgenerate, ordersdispose, rules and regulations release, spill or dispose of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, collectively “Environmental LawsHazardous Substance Activity”) any Hazardous Substances from, on or under the Premises or knowingly permit any other party to engage in the useany Hazardous Substance Activity from, occupancy and operation of on or under the Premises. Tenant agrees that no shall cause all of its Hazardous Substances (defined below) shall be used, located, stored or processed Substance Activity on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will during the term to be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include conducted in accordance with all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardapplicable laws. Tenant hereby agrees to indemnify, defend shall indemnify and hold harmless Landlord and Landlord’s officers, members, managers, agents and employees (collectively, the “Landlord Indemnified Parties”) from any claim, demand, liability, damage, loss or expense (including attorneys’ fees and court costs) that Landlord might suffer as a result of any Hazardous Substance Activity of Tenant, any agent of Tenant, or any other person present at the Premises by permission of Tenant (a “Tenant Permittee”), from, on or under the Premises during the Term, except to the extent any such claim, demand, liability, damage, loss or expense is caused by or arises out of (i) any Hazardous Substance Activity by Landlord or any agent of Landlord (a “Landlord Hazardous Substance Activity”), or (ii) any Hazardous Substance Activity occurring prior to the Turnover Date (a “Previous Hazardous Substance Activity”), provided, however, that Tenant shall be responsible to indemnify and hold the Landlord Indemnified Parties harmless from and against any such claim, demand, liability, damage, loss or expense if, and all lossesonly to the extent, liabilities physically caused by Tenant’s knowing or negligent exacerbation of any Landlord Hazardous Substance Activity or Previous Hazardous Substance Activity. In any action by a Landlord Indemnified Party to enforce Tenant’s obligations hereunder arising out of any Hazardous Substance which is of the same type or nature as the Hazardous Substances, or any constituent element thereof, which are either (includinga) the subject of the Corrective Action Plan No. 9735209 dated April 16, but not limited to1999 that Honeywell International, strict liabilityInc. is implementing at the Premises (the “CAP”) or (b) identified in the Environmental Site Assessment report for the Premises prepared by ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇, Inc. and dated January 14, 2003 (the “Phase I”), damagesthe burden shall be upon such Landlord Indemnified Party to show that the claim, injuriesdemand, expenses liability, damage, loss or expense for which indemnity is sought was caused by Tenant’s Hazardous Substance Activity and not by any Landlord Hazardous Substance Activity or Previous Hazardous Substance Activity; provided, however, if Tenant conducted any Hazardous Substance Activity on the Premises involving such Hazardous Substance or a constituent element thereof, the burden of proof shall not be allocated to either Landlord or Tenant pursuant to this paragraph. Landlord shall indemnify and hold harmless Tenant and Tenant’s officers, members, managers, agents and employees (includingcollectively, but not limited tothe “Tenant Indemnified Parties”) from any claim, court costsdemand, litigation expensesliability, reasonable damage, loss or expense (including attorneys’ fees and costs of settlement or judgment), suits and claims of court costs) that any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or Tenant Indemnified Party might suffer as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant Substance Activity of Landlord, or any agent of its agentsLandlord, employeesfrom, contractors, assigns, subtenants, guest on or invitees. Tenant shall not be responsible for any Hazardous Substances located on under the Premises prior to during the date Landlord delivers the Premises to TenantTerm.

Hazardous Substances. Tenant shall complyAs used herein, at its sole cost “Hazardous Substance” means any substance which is toxic, ignitable, reactive or corrosive and expensewhich is regulated by any local government, with the State of Pennsylvania or the United States Government. Hazardous Substance includes any and all lawsmaterials or substances which are defined as “hazardous wastes”, ordinances, orders, rules and regulations of all or “extremely hazardous wastes” or “hazardous substance” pursuant to state, federalfederal or local governmental laws or regulations. “Hazardous Substance” includes, municipal but is not restricted to asbestos, polychlorinated biphenyls (PCBs) and other governmental petroleum. Lessee shall not cause or judicial agencies or bodies relating permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed on disposed of on, about, or in the Premises by Tenant or any of its Lessee, Lessee’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees, without first obtaining Lessor’s written consent, which may be withheld, delayed, or conditioned at Lessor’s sole and no absolute discretion. If Hazardous Substances will be released are used, stored, generated or discharged from disposed of on or in the Premises. The term “Hazardous Substances” Premises or if the Premises become contaminated in any manner for which Lessee is legally liable, Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord the Lessor from and against any and all losses, liabilities (including, but not limited to, strict liability)claims, damages, injuriesfines, expenses (includingjudgments, but not limited topenalties, court costs, litigation expensesliabilities or losses (including without limitation, reasonable a decrease in value of the Premises or the Building or the Lot, damages, because of adverse impact on marketing of the Premises and any and all sums paid for settlement of claims, attorneys’ fees ’, consultant and expert fees) arising during or after the term hereof and arising as a result of such contamination by Lessee. The indemnification includes, without limitation, any and all costs of settlement or judgment)incurred, suits and claims because of any and every kind whatsoever paidinvestigation of the Lot or any clean-up, incurred removal or suffered byrestoration mandated by a federal, state or asserted againstlocal agency or political subdivision. In addition, Landlord by any person, entity if Lessee causes or governmental agency for, with respect to, or as a direct or indirect result of, permits the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance on the Premises prior and this results in contamination, Lessee shall promptly, at its sole expense, take any and all necessary actions to the date Landlord delivers return the Premises to Tenantthe condition existing before the presence of any such Hazardous Substance on the Premises, H▇▇▇▇▇ MANAGEMENT COMPANY AMERICAN BANK NOTE HOLOGRAPHICS, INC. October 9, 2002/kat provided, however, that Lessee shall first obtain Lessor’s approval for any such remedial action. Within ten (10) days after receipt, Lessor and Lessee shall advise the other party in writing and provide the other party with copies of (as applicable), any notices alleging violation of any law or regulation relating to any Hazardous Substance upon any portion of the Premises, the Building or the Lot; any claims made or threatened in writing regarding non-compliance with any law or regulation involving the presence of any Hazardous Substance or any portion of the Premises, the Building or the Lot; or any governmental or regulatory actions or investigations instituted or threatened regarding non-compliance with any law or regulation involving any Hazardous Substance upon any portion of the Premises, the Building or the Lot. If Lessor has reasonable cause to believe that the Premises is in violation of any of the provisions of this Article 40, Lessor shall, upon prior notice to Lessee, have the right, but no obligation, at any time that is reasonable under the circumstances: (i) to enter upon the Premises, take samples, review Lessee’s books and records for any notices related to environmental violations, interview Lessee’s employees and officers; (ii) either, cause environmental site assessments in accordance with ASTM Standard E-1527-97 (as amended, from time to time, (the “ESA’s”) to be performed, or require Lessee to cause the ESA’s to be performed and provided to Lessor within a reasonable time; and (iii) conduct such other activities as Lessor, in its sole and absolute discretion, deems appropriate, ((i),(ii) and (iii) being referred to herein as the “Audit”). Lessee shall cooperate fully in the conduct of the Audit. Lessor shall not unreasonably disturb the normal operation of the Premises in the course of the Audit. Lessee shall, upon demand, pay, as Additional Rent all costs and expenses of Lessor connected with the Audit if it discloses the need for any remedial work. Where materials generated by Lessee are disposed of off of the Premises, Lessee agrees that Lessor is not the owner of the materials, and indemnifies and holds Lessor harmless for any costs incurred in defending and paying for any action where it is alleged that Lessor is the owner of the materials.

Hazardous Substances. Tenant Lessee [or other occupant pursuant to any agreement authorizing mining] shall complynot keep on or about the premises any hazardous substances, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”ad defined under 42 U.S.C. § 9601(14) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any other Federal environmental law, any regulated substance contained in or released from any underground storage tank, as defined by the Resource Conservation and recovery Act, 42 U.S.C. § 6991, et seq, or any substances defined and regulated as “hazardous” by applicable State law, (hereinafter, for the purposes of its agentsthis Lease, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term collective referred to as “Hazardous Substances” ”) unless such substances are reasonably necessary in Lessee’s mining operations, and the use of such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, governing Hazardous Substances. Lessee shall mean immediately notify Lessor, the surface management agency, and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances Federal, State and local agency with jurisdiction over the Leased Premises, of contamination thereon, of (i) all reportable spills or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims releases of any and every kind whatsoever paidHazardous Substance affecting the Leased Premises, incurred (ii) all failures to comply with any applicable Federal, state or suffered local law, regulation or ordinance governing Hazardous Substances, as now enacted or as subsequently enacted or amended, (iii) all inspections of the Leased Premises by, or asserted againstany correspondence, Landlord order, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the Leased Premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any person, government entity or governmental agency for, with respect to, or as a direct or indirect result of, private Party concerning the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantLeased Premises.

Hazardous Substances. Tenant shall complycovenants and agrees (i) that Tenant has not suffered, at its sole cost and expensepermitted, with all lawsintroduced or maintained in, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental on or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation about any portion of the PremisesLeased Premises since the commencement of the term of the Carrington Lease (as defined in Paragraph C of Exhibit "▇" ▇▇ ▇▇▇s Lease), any Hazardous Material [as defined in Section ll(d)(i)) except as may be permitted by law, it being understood that Tenant may, from time to time, handle such substances in conjunction with Tenant's laboratory operations. Tenant further covenants and agrees that no to indemnify, protect and save Landlord harmless against and from any and all damage, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including, without limitation. attorneys' and experts' fees and disbursements) which may at any time be iniposed upon, incurred by or asserted or awarded against landlord and arising from or out of any Hazardous Substances (defined below) shall be usedMaterial on, locatedin, stored under or processed on the Premises by Tenant affecting all or any portion of its agentsthe Building. Leased premises, employeesor Property, contractorsintroduced by, assignsor on behalf of, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantTenant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against (i) the costs of removal of any and all lossesHazardous Materials from all or any portion of the Building, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement Leased Premises or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered byProperty, or asserted againstreleased, Landlord by discharged, leaked or spilled from the Building, teased Premises or Property into the air, surface water, groundwater or land, and (ii) any person, entity or governmental agency for, costs incurred to comply with respect to, or as a direct or indirect result of, of the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises violation of any Environmental Requirements [as defined in Section ll(d)(ii)]. The preceding portions of this provision do not apply to Hazardous Substances by Tenant Material which may be located in the Building, Leased Premises, or any of its agents, employees, contractors, assigns, subtenants, guest Property at or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers initial commencement (hereto or hereafter) of any work, construction, repairs or alterations therein by Tenant under the Premises to Tenant.Carrington Lease

Hazardous Substances. Tenant Sublessee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any "Hazardous Substances" (hereinafter defined) to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed disposed in, on or about the Sublease Premises by Tenant or any of Sublessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no except for such Hazardous Substances will as are normally utilized in the activities which are permitted on the Sublease Premises pursuant to the Master Lease and this Sublease and which are necessary to Sublessee's business. Any permitted Hazardous Substances at the Sublease Premises, and all containers therefore, shall be released used, kept, stored and disposed of in a manner that complies with all federal, state and local laws or discharged from the Premisesregulations applicable to any such Hazardous Substance. The term “Hazardous Substances” Sublessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold harmless Landlord Sublessor, its officers, directors, shareholders and employees from and against any and all lossesclaims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, but not limited towithout limitation, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paidall sums paid for settlement of claims, incurred attorneys' fees, consultant and expert fees) arising during or suffered byafter the Sublease Term from or in connection with the use, storage, generation or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances in, on or about the Sublease Premises by Tenant or any of Sublessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant As used herein, "Hazardous Substances" means any substance which, is toxic, ignitable, reactive, or corrosive and which is regulated by any state or local government or by the United States government. "Hazardous Substances" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substances" includes, but is not restricted to, asbestos, polychlorinated biphenyls ("PCBs") and petroleum products. Sublessee's indemnification obligations hereunder shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Sublease.

Hazardous Substances. a. Tenant shall complyhereby agrees that: (i) no activity will be conducted on the Building and Property that will produce any Hazardous Substance, at its sole cost except for such activities that are part of the ordinary course of Tenant’s business (the “Permitted Activities”) provided said Permitted Activities comply and expense, are documented in accordance with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”; and, (ii) the Building and Property will not be used in any manner for the use, occupancy and operation storage of the Premises. Tenant agrees that no any Hazardous Substances (defined below) shall be used, located, stored or processed on except for the Premises by Tenant or any temporary storage of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or such materials that are now or hereafter included under or regulated by any used in the ordinary course of Tenant’s business (the “Permitted Materials”) provided that such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws or that would pose a health, safety or environmental hazard. with notice to and right to inspect by Landlord. b. Tenant hereby agrees to indemnify, defend indemnify and hold harmless Landlord Landlord, its directors, officers, employees, agents and any assignees, or successors to Landlord’s interest in the Building and Property and their directors, officers, employees, and agents, from and against any and all losses, liabilities (including, but not limited to, strict liability)claims, damages, injuriespenalties, and liability (including all out-of-pocket litigation costs and the reasonable fees and expenses of counsel) incurred as a result of the Tenant’s (including Tenant’s contractors, agents, employees and invitees (except, as to invitees, Tenant shall be responsible only for actions of such invitees during such time as such invitees may be within the Building and Property) use or misuse of any Hazardous Substance. Such damages include: (i) all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, release or disposal of Hazardous Substances by Tenant, its agents or employees on the Building and Property; and (ii) including, but without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, following the Ready for Occupancy Date, to the full extent that such action is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of Hazardous Substances by Tenant, its agents or employees on the Building and Property. c. Landlord hereby represents and warrants that: (i) that the Building and Property do not limited tocontain any known environmental hazards such as asbestos; and (ii) there are no violations of any federal, court costsstate, or local Environmental Laws, rules, regulations, or orders relating to industrial hygiene or to environmental conditions, on, under, or about the Building and Property. Landlord further covenants and agrees that the Building and Property is not now and will not be as of the Ready For Occupancy Date subject to the effects of a Hazardous Substance which requires remediation. d. Landlord hereby agrees to indemnify and hold harmless Tenant, its directors, officers, employees, agents and any assignees, or successors to Tenant’s interest in this Lease and their directors, officers, employees, and agents, from and against any and all losses, claims, damages, penalties, and liability (including all out-of-pocket litigation expenses, costs and the reasonable attorneys’ fees and costs expenses of settlement counsel) incurred as a result of the Landlord’s (and Landlord’s contractors, agents, employees and invitees (except, as to invitees, Landlord shall be responsible only for actions of such invitees during such time as such invitees may be in the Building and Property and outside of the Building and Property)): (i) use or judgment), suits and claims misuse of any Hazardous Substance outside of the Building and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, Property or as a direct result of Landlord’s (including Landlord’s contractors, agents, employees and invitees (except, as to invitees, Landlord shall be responsible only for actions of such invitees during such time as such invitees may be within the Building and Property)); (ii) use or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises misuse of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance on the Premises Building and Property prior to the Ready for Occupancy Date, or, (iii) the discovery of any known environmental hazards such as asbestos on the Building and Property. Such damages include: (i) all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, release, or disposal of Hazardous Substances; and (ii) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of Hazardous Substances by Landlord, its agents or employees on the Building and Property. e. In the event Hazardous Substances are present at the Building and Property due to the acts of any party other than Tenant, or other than any of Tenant’s contractors, agents, employees and invitees (except, as to invitees, only such actions of invitees while such invitees are within the Building and Property) and/or future remediation work is required to remove and/or monitor the Hazardous Substances caused to be present by any party other than Tenant, or other than any of Tenant’s contractors, agents, employees and invitees (except, as to invitees, only such actions of invitees while such invitees are within the Building and Property), and the presence, remediation and monitoring of such Hazardous Substances commercially materially and adversely affects the operation of Tenant’s business for in excess of thirty (30) consecutive days, or commercially materially jeopardizes the health of Tenant’s employees and/or customers, Tenant, upon Notice delivered to Landlord within sixty (60) days after the occurrence of such event, shall have the right to terminate this Lease, in which event this Lease will be of no further force and effect or, at Tenant’s option, receive a full abatement of Rent and other payment obligations hereunder if Tenant closes its business to the public, and such abatement shall continue until the earlier to occur of reopening for business or the date Landlord delivers such Hazardous Substances are removed or remediated to the Premises to Tenantsatisfaction of applicable governmental authorities, as documented by such authorities.

Hazardous Substances. (a) Tenant hereby covenants that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be placed, held, located or disposed of in, on or at its sole cost the Premises or any part thereof and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental neither the Premises nor any part thereof shall ever be used as a dump site or judicial agencies storage site (whether permanent or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”temporary) in the use, occupancy and operation of the Premises. Tenant agrees that no for any Hazardous Substances during the Lease Term. (defined belowb) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so-called federal, state or local "Superfund" or "Superlien" laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substances located on Substance), provided, however, that the Premises prior foregoing indemnity is limited to matters arising solely from Tenant's violation of the date Landlord delivers covenant contained in subsection (a) above. (c) For purposes of this Lease, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the Premises to Tenantlist of hazardous substances now or hereafter adopted by the United States Environmental Protection Agency (the "EPA") or the list of toxic pollutants designated by Congress or the EPA or which are now or hereafter defined as hazardous, toxic, pollutant, infectious or radioactive by 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.

Hazardous Substances. Tenant shall comply, at its sole cost covenants and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no it shall not cause or permit any Hazardous Substances (defined belowas hereinafter defined) shall to be usedplaced, locatedheld, stored generated, handled, transported, located or processed on disposed of in, on, about or at the Premises by Tenant or the Building or any of its agents, employees, contractors, assigns, subtenants, guest part thereof and that neither the Premises or invitees, and no the Building nor any part thereof shall ever be used as a dump site or storage site (whether permanent or temporary) for any Hazardous Substances will be released or discharged from during the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardTerm. Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, paid incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees, costs or any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so called federal, state or local “Superfund” or “Superlien” laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substance); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant’s violation of the covenant contained herein. For purposes of this Lease, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (the “EPA”) or the list of toxic pollutants designated by Congress or the EPA or which are defined as hazardous, toxic, pollutant, infectious or radioactive by 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 hereinafter in effect. Without limiting the generality of the foregoing, Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantshall include petroleum and petroleum products.

Hazardous Substances. Tenant shall comply(a) Lessor warrants and represents, at to the best of its sole cost and expenseknowledge, that any use, storage, treatment or transportation of "Hazardous Substances" (as hereinafter defined) which has occurred in, on or about the land, building or premises prior to the date of this lease has been in compliance with all laws"Environmental Laws" (as hereinafter defined). Lessor additionally warrants and represents, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating that to the protection best of public healthits knowledge, safetyno release, welfare leak, discharge, spill, disposal or emmission of Hazardous Substances has occurred in, on or about the environment (collectivelyland, “Environmental Laws”) in building or premises, and that the useland, occupancy building and operation premises are free of Hazardous Substances as of the Premises. Tenant agrees that no date of this lease. (b) Lessor shall indemnify and hold harmless, the Lessee from any and all claims, damages, fines, judgements, penalties, costs, expenses or liabilities (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the term from or in connection with the presence or suspected presence of Hazardous Substances in, on or about the land, building or premises, except to the extent that the Hazardous Substances are present as a result of acts of Lessee, Lessee's agents, employees, contractors or invitees. (defined belowc) Lessee shall not cause or permit any Hazardous Substances to be used, locatedstored, stored generated or processed disposed of in, on or about the Premises land, building or premises by Tenant or any of Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no except for such Hazardous Substances will as are normally utilized in the environment of Lessee's intended use and are necessary to Lessee's business and have been approved, in writing, by Lessor. Any such Hazardous Substances permitted on the premises as hereinabove provided, and all containers therefore, shall be released used, kept, stored and disposed of in a manner that complies with all Environmental Laws. Lessee shall indemnify and hold harmless the Lessor from any and all claims, damages, fines, judgements, penalties, costs, expenses or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, liabilities (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossessums paid for settlement of claims, liabilities (includingattorneys' fees, but not limited toconsultant and expert fees) arising during or after the term from or in connection with the use, strict liability)storage, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs generation or disposal of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances in, on or about the land, building or premises by Tenant or any of its Lessee, Lessee's agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant Lessor hereby approves of Lessee's lawful generation, use, handling, storage, and/or disposal of medical or infectious medical waste. (d) Notwithstanding anything to the contrary stated hereinabove, the indemnifications contained in subparagraphs (b) and (c) above, shall not be responsible for include any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.consequential damages (e.

Hazardous Substances. 29.1 Tenant shall complynot, at its sole cost without first obtaining Landlord's prior written approval, generate, release, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hazardous materials, toxic substances or any pollutants or substances, defined as hazardous or toxic in applicable federal, state and expenselocal laws and regulations ("Hazardous Substances") in, on or about the Premises, except for normal quantities of customary office products used as intended by the manufacturer (including, but not limited to, diesel fuel for the emergency generator) and in compliance with Laws. In the event, and only in the event, Landlord approves such Release of Hazardous Substances on the Premises, such Release shall occur safely and in compliance with all lawsapplicable Laws. 29.2 Tenant shall indemnify and defend (with counsel approved by Landlord) Landlord, ordinancesand hold Landlord harmless, ordersfrom and against any and all claims, rules liabilities, losses, damages, cleanup costs, and regulations expenses (including reasonable attorneys' fees) arising out of all state, federal, municipal and other governmental or judicial agencies or bodies in any way relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises Release by Tenant or any of its agents, employeesrepresentatives, contractors, assigns, subtenants, guest employees or invitees, and no or the presence of any Hazardous Substances will be released in, on or discharged from about the PremisesPremises occurring as a result of or in connection with Tenant's use or occupancy of the Premises at any time after the Commencement Date. The term “Hazardous Substances” Landlord shall mean indemnify and include all hazardous and toxic substancesdefend (with counsel approved by Tenant) Tenant, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Tenant harmless, from and against any and all claims, liabilities, losses, liabilities (including, but not limited to, strict liability), damages, injuriescleanup costs, and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs ' fees) arising out of settlement or judgment), suits and claims of in any and every kind whatsoever paid, incurred or suffered by, or asserted against, way relating to the Release by Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesrepresentatives, contractors, assigns, subtenants, guest employees or invitees. Tenant shall not be responsible for , or the presence on the date hereof of any Hazardous Substances located in, on or about the Premises prior or the Building. 29.3 Landlord shall have the right, subject to Section 18, from time to time to enter the date Premises, Building and Property and inspect the same for the presence of Hazardous Substances and compliance with the provisions of this Section upon a reasonable suspicion by Landlord delivers that there may be Hazardous Substances in the Premises to in violation of Tenant's obligations under this Lease.

Hazardous Substances. Tenant shall comply(i) Without limiting the generality of this Section 14, at its sole cost Buyer also acknowledges and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances matters released pursuant to subsection (defined below) shall be usedb), locatedabove, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and also include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossesClaims directly or indirectly arising from or in connection with any presence, liabilities (includingescape, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escapemigration, leakage, spillage, discharge, emission emission, release, threatened release, handling, transportation, treatment, use, generation, storage or release from the Premises disposal of any Hazardous Substances in, on, at, under, to, from, in the vicinity of, or affecting or related to the Property, regardless of when any such circumstance or event occurred or occurs, including the cost of any required or necessary remediation or removal of such Hazardous Substances, any costs of repair of improvements on the Property or surrounding properties necessitated by Tenant such remediation or removal and costs of any testing, sampling or other investigation or preparation of its agentsremediation or other required plans undertaken prior to such remediation or removal (individually and collectively, employees“Hazardous Substance Claims”). (ii) As used in this Agreement, contractorsthe term “Hazardous Substances” means any hazardous substances, assignshazardous wastes, subtenantshazardous materials, guest toxic materials, toxic wastes or invitees. Tenant shall not be responsible for toxic substances and other substances, identified in or regulated pursuant to the provisions of any “Hazardous Substances located Law” (as defined below) and shall also include manure and sewage (raw or treated), radon gas, methane, perchlorate, asbestos and asbestos containing materials, petroleum and its by-products and any other substance, waste or material which is a basis for liability of the owner of the property, on which such substance, waste or material is located, to any Governmental Agency or third party under applicable statute or common law theory. As used in this Agreement, the Premises prior term “Hazardous Substance Law” means any federal, state or local statutes, laws, ordinances, regulations, orders and similar requirements pertaining to health, safety and/or the date Landlord delivers environment or otherwise identified by its terms as pertaining to hazardous or toxic wastes, substances or materials, including, without limitation, the Premises to TenantComprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 4▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code sections 9601-9675), the Resource Conservation and Recovery Act (Title 4▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code sections 6901-6992k), the C▇▇▇▇▇▇▇▇ P▇▇▇▇▇▇ ▇▇▇▇▇▇ Hazardous Substance Account Act (Health and Safety Code sections 25300-25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25).

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises, but Tenant shall not be responsible for any violation of Environmental Laws by Landlord in the use, occupancy or operation of the Premises by Landlord prior to the date of this Lease. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesPremises, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant shall (a) Borrower will comply, and will cause Tenant or Manager to comply, with all applicable Environmental Laws relating to the Mortgaged Property and the requirements of Article 9 of the Lease. Compliance by Tenant or Manager with the requirements of Article 9 of the Lease will be deemed to be compliance by Borrower with this Section 4.11(a). (b) Borrower will promptly notify Lender in writing if Borrower learns of the possible existence of any Hazardous Substances on the Mortgaged Property or if Borrower learns that the Mortgaged Property is or may be in direct or indirect violation of any Environmental Laws. Further, immediately upon receipt of the same, Borrower will deliver to Lender copies of any and all orders, notices, permits, applications, reports, and other communications, documents and instruments pertaining to the actual, alleged or potential presence or existence of any Hazardous Substances at, on, about, under, within, near or in connection with the Mortgaged Property. Subject to the rights of the Tenant under the Lease and the SNDA and the rights of tenants under the Superior Leases, Borrower grants to Lender and its agents and employees access to the Mortgaged Property and a license to remove any Hazardous Substances and to do all things Lender deems necessary to cause the Mortgaged Property to comply with Environmental Laws. Borrower will, at its Borrower's sole cost and expense, indemnify, defend (at trial and appellate levels, and with attorneys, consultants and experts acceptable to Lender), and hold the Indemnified Parties harmless from and against any and all lawsIndemnified Liabilities arising directly or indirectly from or out of: (i) the presence or release of any Hazardous Substances on, ordinancesin, ordersunder or affecting all or any portion of the Mortgaged Property, rules and regulations or any release of all state, federal, municipal and other governmental or judicial agencies or bodies Hazardous Substances emanating from the Mortgaged Property onto any contiguous property; (ii) the violation of any Environmental Laws relating to or affecting the protection Mortgaged Property, caused by Borrower or members of Borrower; (iii) the failure by Borrower to comply fully with the terms and conditions of this Section 4.11; (iv) the breach of any representation or warranty contained in Section 7.27 hereof; or (v) the enforcement of this Section 4.11, including, the cost to assess, contain and/or remove any Hazardous Substances from the Mortgaged Property or any surrounding areas, the cost of any actions taken in response to the presence, release or threat of release of any Hazardous Substances on, in, under or affecting the Mortgaged Property or any surrounding areas to prevent or minimize such release or threat of release so that it does not migrate or otherwise cause or threaten danger to present or future public health, safety, welfare or the environment environment, and the costs incurred to comply with the Environmental Laws in connection with the Mortgaged Property or any surrounding areas. This indemnity will survive payment in full of the Debt or any termination or satisfaction of the Lien of the Indenture or foreclosure of the Indenture for any Indemnified Liabilities arising or accruing on or before payment in full of the Debt or any termination or satisfaction of the Lien of the Indenture or foreclosure of the Indenture. BORROWER ACKNOWLEDGES THAT PURSUANT TO THE FOREGOING INDEMNITY IT HAS AGREED TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES ARISING BY REASON OF THE ACTS OR OMISSIONS OF ANY OF THE INDEMNIFIED PARTIES AND OTHERWISE, WHICH LIABILITIES INCLUDE, WITHOUT LIMITATION, EXCEPT AS PROVIDED ABOVE, SOLE NEGLIGENCE, CONCURRENT NEGLIGENCE, STRICT LIABILITY, CRIMINAL LIABILITY, STATUTORY LIABILITY, LIABILITY FOR INJURIES NOT COMPENSATED BY WORKERS' COMPENSATION INSURANCE, OTHER INJURIES OR LOSSES NOT COVERED BY INSURANCE AND LIABILITY ARISING AS A RESULT OF WAIVERS, EXCULPATIONS, DISCLAIMERS OR RELEASES. IF SUCH LIABILITY ARISES BY REASON OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNIFIED PARTY (collectivelyOR INDEMNIFIED PARTIES, “AS THE CASE MAY BE) (HEREINAFTER A "RESPONSIBLE INDEMNIFIED PARTY") THIS INDEMNITY SHALL NOT EXTEND TO ANY SUCH RESPONSIBLE INDEMNIFIED PARTY, BUT SHALL EXTEND TO ALL OTHER INDEMNIFIED PARTIES. (c) Upon Lender's request, and subject to the rights of the Tenant under the Lease and the SNDA and the rights of tenants under the Superior Leases, at any time an Event of Default exists or at such other time as Lender has reasonable grounds to believe that Hazardous Substances are or have been released, stored or disposed of on or around the Mortgaged Property or that the Mortgaged Property may violate the Environmental Laws”) in the use, occupancy Borrower must provide, at Borrower's sole cost and operation expense, an inspection or audit of the PremisesMortgaged Property prepared by a hydrogeologist or environmental engineer or other appropriate consultant approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property or an inspection or audit of the Improvements prepared by an engineering or consulting firm approved by Lender indicating the presence or absence of friable asbestos or substances containing asbestos on the Mortgaged Property. If Borrower fails to provide such inspection or audit within thirty (30) days after such request, Lender may order the same, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and an irrevocable license to undertake such inspection or audit, subject to the rights of the Tenant agrees that no under the Lease and the SNDA, and the tenants under the Superior Leases. Borrower will pay immediately on demand the cost of such inspection or audit, together with interest thereon at the Default Rate from the date incurred by Lender until actually paid by Borrower, and such costs will be secured by the Indenture and by the other Security Documents securing all or any part of the Debt. (d) Without limiting the foregoing, and subject to Tenant's rights under the Lease and the tenants' rights under the Superior Leases, where recommended by a "PHASE I" or "PHASE II" assessment or otherwise required by Lender, Borrower will establish and will comply with an operations and maintenance program relative to the Mortgaged Property, in form and substance acceptable to Lender, prepared by an environmental consultant acceptable to Lender, which program will address any Hazardous Substances (defined belowincluding asbestos containing material or lead based paint) shall that may now or in the future be useddetected on the Mortgaged Property. Without limiting the generality of the preceding sentence, locatedLender may require, subject to Tenant's rights under the Lease and the SNDA and the tenants' rights under the Superior Leases, (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify; (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters; (c) following any Event of Default or at such time as Lender has reasonable grounds to believe that Hazardous Substances are or have been released, stored or processed disposed of on or around the Premises Mortgaged Property or that the Mortgaged Property may violate the Environmental Laws, then at Borrower's sole expense, supplemental examination of the Mortgaged Property by Tenant consultants specified by Lender; (d) access to the Mortgaged Property, by Lender, its agents or servicer, to review and assess the environmental condition of the Mortgaged Property and Borrower's compliance with any operations and maintenance program; and (e) variation of its agents, employees, contractors, assigns, subtenants, guest or invitees, the operations and no Hazardous Substances will be released or discharged from maintenance program in response to the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated reports provided by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantsuch consultants.

Hazardous Substances. Tenant shall complyLicensee agrees that it will not use, at its sole cost generate, store or dispose of any Hazardous Material on, under, about or within the Premises in violation of any law or regulation. Licensor represents, warrants and expenseagrees (a) that to Licensor's best knowledge, with all lawsneither Licensor nor any third party has used, ordinancesgenerated, ordersstored or disposed of, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in permitted the use, occupancy and operation of the Premises. Tenant agrees that no generation, storage or disposal of, any Hazardous Substances (defined below) shall be usedMaterial on, locatedunder, stored about or processed on within the Premises by Tenant in violation of any law or any of its agentsregulation, employees, contractors, assigns, subtenants, guest or inviteesexcept as disclosed herein, and no (b) that Licensor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Substances will be released Material on, under, about or discharged from within the PremisesPremises in violation of any law or regulation. The term “Hazardous Substances” shall mean Licensor and include all hazardous and toxic substancesLicensee each agree to defend, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold harmless Landlord from the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities (includingliabilities, but not limited toclaims and/or costs arising from any breach of any representation, strict liability)warranty or License contained in this paragraph. In addition, damagesLicensor shall defend, injuriesindemnify and hold harmless Licensee from all other losses, expenses (includingliabilities, but not limited toclaims and/or costs arising from or related to the environmental condition, court costs, litigation expenses, reasonable attorneys’ fees and including costs of settlement or judgment)remediation, suits and claims which are not the result of any act of Licensee. As used in this paragraph, "Hazardous Material" shall mean hazardous or radioactive material, polychlorinated biphenyls, friable asbestos or other hazardous or medical waste substances as defined by the Comprehensive Environmental Response, Compensation and every kind whatsoever paidLiability Act, incurred or suffered byas amended, or asserted against, Landlord by any personother federal, entity state or governmental agency forlocal law, with respect tostatute, rule, regulation or order (including any Governmental Requirements) concerning environmental matters, or as any matter which would trigger any employee or community “right-to-know” requirements adopted by any such body, or for which any such body has adopted any requirements for the preparation or distribution of a direct or indirect result of, material safety data sheet. This paragraph shall survive the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis License.

Hazardous Substances. Tenant shall complyExcept as disclosed to Lender in writing, at its sole cost Borrower represents and expensewarrants that to Borrower’s knowledge: (1) during Borrower's occupancy of each of the offices it leases and occupies (the “Business Offices”), with all lawsthere has been no use, ordinancesgeneration, ordersmanufacture, rules and regulations storage, treatment, disposal, release or threatened release of all stateany Hazardous Substances by any person on, federalunder, municipal and other governmental about or judicial agencies from the Business Offices; (2) there has not been (a) any breach or bodies violation by Borrower of any Environmental Laws; or (b) any actual, or to Borrower’s knowledge threatened, litigation or claims of any kind by any person relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation any of the Premises. Tenant agrees that no Hazardous Substances foregoing environmental matters; (defined below3) shall be usedneither Borrower, locatednor any tenant, stored or processed on the Premises by Tenant or any contractor, agent of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents Borrower or any other similar substances authorized user of the Business Offices, shall use, generate, manufacture, store, treat, dispose of or materials that are now release any Hazardous Substances on, under, about or hereafter included from the Business Offices; and (4) any such activity shall be conducted in compliance with all applicable federal, state and local laws, regulations, and ordinances, including without limitation all Environmental Laws, except where non-compliance would not have, either individually or in the aggregate, a material adverse effect on the financial condition or operations of Borrower. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup, or other costs under or regulated by any Environmental Laws or that would pose a healthsuch laws, safety or environmental hazard. Tenant hereby and (2) agrees to indemnify, defend and hold harmless Landlord from and Lender against any and all claims, losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuries, penalties and expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs which Lender may directly or indirectly sustain or suffer resulting from a breach of settlement or judgment), suits and claims this section of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, the Agreement or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises consequence of any Hazardous Substances use, generation, manufacture, storage, disposal, release or threatened release by Tenant Borrower, or any tenant, contractor or agent of its agentsBorrower, employees, contractors, assigns, subtenants, guest of a hazardous waste or invitees. Tenant shall not be responsible for any Hazardous Substances located substance on the Premises prior Business Offices. The provisions of this section of the Agreement including the obligation to indemnify and defend, shall survive the date Landlord delivers payment of the Premises to TenantIndebtedness and the termination, expiration, or satisfaction of this Agreement."

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to (a) no --------------------- Hazardous Substances are present on the protection of public health, safety, welfare Industrial Center or the environment soil, surface water or groundwater thereof, (collectivelyb) no underground storage tanks or asbestos containing building materials are present on the Industrial Center, “Environmental Laws”and (c) in no action, proceeding, or claim is pending or threatened involving the use, occupancy and operation of the Premises. Tenant agrees that no Industrial Center concerning any Hazardous Substances (defined below) or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be used, located, stored liable for or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesindemnify Lessor from, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessor shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessee, its agents, contractors, stockholders, directors, successors, representatives, and assigns from and against, all losses, costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements, relating to any such Hazardous Substance, except to the extent that any of the foregoing actually results from the release or emission of Hazardous Substances on or about the Premises by Lessee or its agents or employees in violation of Applicable Laws or Requirements. Lessee shall be liable for and shall indemnify, defend and hold harmless Lessor, its agents, contractors, members, successors, representatives and assigns from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature, directly or judgment), suits and claims indirectly arising out of any and every kind whatsoever paid, incurred or suffered by, in connection with the release or asserted against, Landlord by any person, entity emission of Hazardous Substances on or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from about the Premises caused by Lessee or its agents or employees in violation of any Applicable Laws or Requirements. This Section 4 and Sections 6.2 and 6.3 of the Lease are the sole provisions of the Lease pertaining to Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant and no other provisions shall not be responsible for any Hazardous Substances located on the Premises prior deemed to the date Landlord delivers the Premises to Tenantapply thereto.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, or subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the PremisesPremises by Tenant or its agents, employees, contractors, assigns, or subtenants. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, or subtenants. Notwithstanding anything else to the contrary herein, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on in the Premises or the Project unless Tenant or its agents, employees, or contractors brought such Hazardous Substances into the Premises or the Project. In the event that any environmental survey or inspection is required for any permit, Landlord shall be solely responsible for the cost of such survey or inspection. Landlord shall remove any existing known Hazardous Substances from the Premises prior to the date delivery of possession thereof to Tenant. Landlord delivers shall protect, defend, indemnify and hold Tenant harmless of, from and against all claims, actions, liens, demands, costs, damages, punitive damages, expenses, fines and judgments (including legal costs and attorneys fees) incurred by reason of any actual or asserted presence of hazardous materials in the Premises to Tenantor the Project and/or spills or other contamination of air, soil, or water by or resulting from any hazardous materials not installed by Tenant or its agents, employees, or contractors, or resulting from removal thereof. The terms of this paragraph shall survive the termination of the Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises, but excluding any violations existing on the Effective Date not caused by Tenant, its agents, contractors or employees and excluding any violations by Landlord or any party other than Tenant or Tenant’s agents, contractors or employees. Tenant agrees that no Hazardous Substances (as defined belowhereinafter) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Buildings by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, except for minimal quantities customarily associated with office use in first class office buildings and required for Tenant’s business, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances placed on or discharged from the Leased Premises or the Buildings by Tenant or any of its agents, employees, contractors, assigns, assigns or subtenants, guest including, without limitation, any losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or invitees. Tenant shall not be responsible for judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantso-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law.

Hazardous Substances. Neither Tenant nor any Tenant Party shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental cause or judicial agencies or bodies relating permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated, or processed on disposed of on, in or about the Premises Property by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Tenant Party without first obtaining Landlord's written consent. If Hazardous Substances will be released are used, stored, generated, or discharged from disposed of on, in or about the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents Property by Tenant or any other similar substances Tenant Party or materials that are now if the Premises becomes contaminated in any manner through the fault or hereafter included under or regulated by omissions of any Environmental Laws or that would pose a healthTenant Party, safety or environmental hazard. Tenant hereby agrees to shall indemnify, defend and hold harmless the Landlord from (and against its agents and employees) for any and all lossesclaims, liabilities damages, fines, judgments, penalties, costs, liabilities, or losses (including, but not limited towithout limitation, strict liability)a decrease in value of the Premises or the Land or Building of which they are a part, damagesdamages caused by loss or restriction of rentable or usable space, injuriesor any damages cause by adverse impact on marketing of the space, expenses (includingand any and all sums paid for settlement of claims, but not limited toattorney's fees, court costsconsultant, litigation expenses, reasonable attorneys’ fees and costs of settlement expert fees) arising during or judgment), suits after the Term and claims arising as a result of any and every kind whatsoever paiduse, incurred storage, generation or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances Substance or any such contamination by Tenant or any Tenant Party. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision. If Tenant or any Tenant Party causes or permits the present of any Hazardous Substance on the Property that results in contamination, Tenant shall promptly, at its agentssole expense, employees, contractors, assigns, subtenants, guest or inviteestake any and all necessary actions to return the Property to the condition existing prior to the presence of any such Hazardous Substance on the Property. Tenant shall not be responsible first obtain Landlord's approval for any such remedial action. As used herein, "Hazardous Substances located on Substance" means any substance that is toxic, ignitable, reactive, or corrosive regardless whether same is regulated by any local government, the Premises prior State of New Jersey, or the United States Government, other than normal cleaning materials customarily used in cleaning office buildings so long as such materials are stored and used in compliance with all Laws. "Hazardous Substance" includes, but is not limited to any toxic or hazardous substance and any and all material or substances that are defined as "hazardous waste," "extremely hazardous waste", or a "hazardous substance" pursuant to state, federal, or local governmental law including but not limited to the date Landlord delivers Spill and Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. "Hazardous Substance" includes but is not restricted to asbestos, polycholorbiphenyls ("PCBs"), petroleum and petroleum products. Tenant may use toners in copying operations and ammonium in blue printing, provided such use and the Premises to Tenantstorage and disposal of same are in compliance with Law.

Hazardous Substances. Tenant Lessee warrants and covenants that neither the Lessee, nor its employees, agents, officers, shareholders, partners, members, invitees, guests or customers shall complyuse, at its sole cost and expensedeposit, with all lawsstore, ordinancestransport, orderslocate, rules and regulations of all state, federal, municipal and other governmental bring on to or judicial agencies or bodies relating cause to be brought on to the protection of public healthPremises any Hazardous Substances, safety, welfare or e5cept to the environment (collectively, “Environmental Laws”) in the e5tent that such use, occupancy deposit, storage, transportation or location complies in all respects with applicable laws and operation of regulations, and further warrants and covenants that neither Lessee nor employees, agents, officers, shareholders, partners, members, invitees, guests or its customers shall release, discharge, spill, dispose, emit or permit the breakage of, Hazardous Substances in, on or under the Premises. Tenant ▇▇▇▇▇▇ agrees that no to indemnify and hold harmless Lessor from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant and e5pert fees) arising during or after the term of this Agreement or any renewal hereof from or in connection with the presence or suspected presence of Hazardous Substances (defined below) shall be usedin or on the Premises, locatedwhich Hazardous Substances were brought onto the Premises during the term of this Agreement or any renewal thereof by the Lessee, stored its agents, officers, representatives, employees, invitees or processed licensees or become deposited or otherwise become present on the Premises by Tenant during the term of this Agreement or any renewal thereof. Without limiting the foregoing, this indemnification shall include any and all costs incurred due to any investigation of its agentsthe site or any cleanup, employeesremoval, contractorsor restoration mandated by a federal, assignsstate, subtenantsor local agency or political subdivision. For purposes of this section, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees be interpreted broadly to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (includinginclude, but not be limited to, strict liability)substances designated as hazardous under the Comprehensive Environmental Response, damagesCompensation and Liability Act of 1980, injuriesas amended, expenses (including42 U.S.C. 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. 2201, et seq., and any applicable State or federal law or regulation. The term shall also be interpreted to include but not be limited toto any substance which after release into the environment and upon e5posure, court costsingestion, litigation expensesinhalation or assimilation, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release either directly from the Premises environment or directly by ingestion through food chains will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer and/or genetic abnormalities, and oil and petroleum based derivatives. The provisions of this section shall be in addition to any Hazardous Substances by Tenant other obligations and liabilities Lessee may have to Lessor at law or any in equity and shall survive the termination of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises. Tenant agrees that no Hazardous Substances (defined belowas hereinafter defined) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Leased Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, including, without limitation, any losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any so-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law. Landlord hereby confirms that, to its knowledge, there are no Hazardous Substances (as now defined) existing at the Building in violation of applicable environmental laws (as now existing). Without limitation of the foregoing, Landlord agrees, as to any Hazardous Substances (as now defined) existing in the Leased Premises or the Building or the Land on the Commencement Date, to remove or otherwise remediate such Hazardous Substances to the extent required by law (as now existing), at Landlord’s sole cost and expense. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior cooperate with Landlord in allowing proper access to the date Landlord delivers the Leased Premises to perform the foregoing removal or remediation activities, and shall use reasonable efforts not to take any action which may worsen any such environmental condition once discovered. Landlord shall restore any damage caused to the Leased Premises as a result of such access by Landlord under this Section 4.06, to the extent such damage was not caused by Tenant’s negligence or willful misconduct or Tenant’s breach of its obligations hereunder. In any entry into the Leased Premises under this Section 4.06, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations at the Leased Premises.

Hazardous Substances. Tenant Grantor and Grantee understand and agree that the Pipelines will be used to transport crude oil, other hydrocarbons, and their by-products and such substances will be within the Pipelines. Grantee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating knowingly permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated, or processed disposed of on or in the Easement Property and/or the Property by Grantee or a Grantee Party in violation of applicable law. If other Hazardous Substances are used, stored, generated or disposed of on or in the Easement Property, or if the Easement Property becomes contaminated in any manner including without limitation any spills on the Premises by Tenant Property, the Access Improvements, or the Easement Property, or leaks from a Pipeline and/or the Pipelines due to the actions or inactions of the Grantee or any of its agentsGrantee Party, employeesGrantee shall immediately notify Grantor by contacting Assistant General Manager, contractorsSafety Security and Facilities Administration, assignsRegional Transportation District, subtenants▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, guest ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇-▇▇▇-▇▇▇▇ and indemnify and hold harmless Grantor from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, loses (including, without limitation, PCB’s, asbestos a decrease in value of the Property and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities sums paid for settlement of claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims subject to the prior written approval of any and every kind whatsoever paidsettlement of claims by Grantee, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant which approval shall not be responsible for any Hazardous Substances located on the Premises prior unreasonably withheld, conditioned or delayed), attorneys’ fees, consultant, and expert fees) to the date Landlord delivers extent arising as a result of those actions or inactions by Grantee or any Grantee Party. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the Premises to Tenant.site or any cleanup, removal, or restoration mandated by a

Hazardous Substances. (a) Tenant hereby covenants that Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or permit any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances(as hereinafter defined) to be placed, waste held, located or materialsdisposed of in, any pollutant on or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents at the Premises or any other similar substances part thereof and neither the Premises nor any part thereof shall ever be used as a dump site or materials storage site (whether permanent or temporary) for any Hazardous Substances during the Lease Term, except that the foregoing shall not prohibit Tenant from utilizing in the ordinary course of Tenant’s business such Hazardous Substances that are now or hereafter included under or regulated by any both (i) in compliance with all Environmental Laws (as hereinafter defined) with permits issued pursuant thereto (if such permits are required), and (ii) of a character and quantity as is reasonably and customarily used in connection with general office use (such as reasonable quantities of copier toner or that would pose a health, safety or environmental hazard. office cleaning supplies). (b) Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any settlement or judgment or claims asserted or arising under any Environmental Laws, provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant’s violation of the covenant contained in Subsection 9.17(a) above. (c) For purposes of this Lease, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances now or hereafter adopted by Tenant the United States Environmental Protection Agency (the “EPA”) or the list of toxic pollutants designated by Congress or the EPA or which are now or hereafter defined as hazardous, toxic, pollutant, infectious or radioactive by any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of its agentsconduct concerning, employeesany hazardous, contractorstoxic or dangerous waste, assignssubstance or material, subtenantsas now or at any time hereafter in effect and specifically includes asbestos, guest or inviteespolychlorinated biphenyls (“PCBs”) and petroleum products. Tenant shall not be responsible for any Hazardous Substances located on The term “Environmental Laws” means federal, state and local laws and regulations, judgments, orders and permits governing safety and health and the Premises prior to protection of the date Landlord delivers environment, including without limitation the Premises to TenantComprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq., as amended (CERCLA), the Resource Conservation and Recovery Act, as amended 42 U.S.C. 6901 et seq., the Clean Water Act, 33 U.S.C. 1251 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., the Toxic Substance Control Act, 15 U.S.C. 2601 et seq., and the Safe Drinking Water Act, 42 U.S.C. 300f through 300j.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental Lessee will not use or judicial agencies or bodies relating to suffer the protection of public health, safety, welfare or the environment use (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents Lessee or any other similar substances person or materials that are now entity) of the Premises as a landfill or hereafter included under as a dump for garbage or regulated refuse, permit any hazardous or toxic waste, substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the or storage of which is prohibited, regulated, or penalized by any Environmental Laws local, state, or federal agency, authority, or governmental unit, to be brought onto or if so brought or found located thereon, shall cause the same to be immediately removed, unless the storage, use, treatment, and disposal of same appliance with all applicable federal, state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the of this Lease. Lessee will not use or suffer the use of the Premises in any manner other than in full compliance with all applicable federal, state and governmental laws and regulations. Lessor warrants and represents that would pose it has not received any notice from a healthgovernmental agency for violation of any governmental laws and regulations, safety or environmental hazard. Tenant hereby and each party agrees to that if any such notice is received, it shall immediately notify the other party orally and in writing, indemnify, defend defend, and hold Lessor harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability)costs, damages, injuries, and expenses (including, but not limited towithout limitation, court all compliance or response costs, litigation expensescosts for all remedial action and/or damage to third parties, reasonable attorneys’ fees and court costs at both trial and appellate damages for business interruption and any lost profits) resulting, directly or indirectly, from any environmental contamination of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any misrepresentation of its agentsfacts concerning the matters recited in this paragraph. This indemnity shall survive the expiration or earlier termination of the term in addition, employeesat the end of the term of this Lease or earlier termination hereof, contractorsLessee, assignsupon request by the Lessor, subtenantsshall cause, guest at Lessee’s expense, a study to be conducted of the Premises by a person or invitees. Tenant shall not be responsible for any Hazardous Substances located firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other is have been stored, handled, treated or disposed of on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. (a) Landlord represents and warrants to Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating that to the protection best of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation Landlord’s knowledge as of the Premises. Tenant agrees that date hereof, (i) there is no Hazardous Substances Substance (defined below) on, in or under the Parking Premises in violation of any Environmental Law (defined below) as of the Commencement Date, (ii) the Parking Premises are not in violation of any Environmental Law, (iii) Landlord has not received any notice from any governmental authority alleging or threatening that any part of the Parking Premises is in violation of an Environmental Law, and (iv) there are no pending or threatened claims, suits, enforcement actions or other litigation related to the presence of Hazardous Materials in, under or about the Parking Premises. To the fullest extent permitted by law, Landlord agrees to promptly indemnify, protect, defend and hold harmless Tenant and Tenant’s members, partners, officers, directors, shareholders, employees, agents, successors and assigns for, from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) that arise or result from the presence or release of Hazardous Substances on, in, under or about the Parking Premises and that are attributable to (a) any act or omission of Landlord or any of Landlord’s agents, employees or contractors, or (b) any use, ownership or occupancy of the Parking Premises prior to the Commencement Date, including without limitation any violation of any Environmental Law attributable to the period prior to Commencement Date, or (c) that arise or result from any breach of the representations or warranties of Landlord contained in this Section 3.3(a). For purposes of this Parking Lot Lease, the phrase “to Landlord’s knowledge” or similar phrase shall mean only the actual (not implied, imputed or constructive) knowledge of ▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, each of which are officers of Landlord and are the only officers of Landlord involved in the acquisition of the Parking Lot Easement and development of the Parking Premises in any material respect. The provisions of this Section 3.3(a) will survive the expiration or earlier termination of this Parking Lot Lease. (b) Tenant shall not cause or permit any Hazardous Substances to be usedbrought upon, locatedkept, stored generated, treated, stored, used or processed otherwise handled in or about or disposed of on the Parking Premises by Tenant, its agents, employees, contractors or invitees, except to the extent reasonably required for the uses permitted by Section 3.1 above and then only in strict compliance with all Environmental Laws. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of or otherwise released in or on the Parking Premises. In the event of a leak, spill or release of a Hazardous Substance on the Parking Premises or the threat of or reasonable suspicion of the same, Tenant shall immediately undertake or cause to be undertaken all emergency response necessary to contain, clean up and remove the Hazardous Substance and shall undertake or cause to be undertaken within a reasonable time all investigatory, remedial and/or removal action necessary or appropriate to ensure that any contamination by the Hazardous Substances is eliminated as required by applicable Environmental Law. Within thirty (30) days following the completion of such investigatory, remedial and/or removal action, Tenant shall provide Landlord with a certification reasonably acceptable to Landlord signed by an independent registered professional engineer that such contamination has been so eliminated. (c) Tenant shall immediately notify Landlord upon becoming aware of (i) any such spill, leak, disposal or release of any Hazardous Substance in or on the Parking Premises or (ii) any notice or communication from any governmental agency or other person directed to Tenant relating to any Hazardous Substance on, under or adjacent to the Parking Premises or any violation of any Environmental Law with respect to the Parking Premises or activities thereon. Tenant shall at all times comply with all Environmental Laws applicable to Tenant and its use and occupancy of the Parking Premises. (d) To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord’s members, partners, officers, directors, shareholders, employees, agents, successors and assigns for, from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) that arise or result from the presence or release of Hazardous Substances on, in, under or about the Parking Premises and that are caused or permitted by Tenant or any of its agents, employees, contractors, assignslicensees, subtenants, guest or invitees, and no successors or assigns during the Term of this Parking Lot Lease, including arising from or caused in whole or in part, directly or indirectly, by (i) the presence or release in, on, under or about the Parking Premises of any Hazardous Substances; (ii) Tenant’s or other user’s actual, proposed or threatened use, treatment, storage, transportation, holding, existence, disposition, manufacturing, control, management, abatement, removal, handling, transfer, generation or release (past, present or threatened) of Hazardous Substances will be released to, in, on, under, about or discharged from the Parking Premises; (iii) any past, present or threatened non-compliance or violations of any Environmental Laws in connection with Tenant and/or the Parking Premises, (iv) personal injury claims (v) the payment of any environmental liens, or the disposition, recording, or filing or threatened disposition, recording or filing of any environmental lien encumbering or otherwise affecting the Parking Premises, (vi) diminution in the value of the Parking Premises, (vii) damages for the loss or restriction of use of the Parking Premises, including prospective rent, lost profits and business opportunities, (viii) sums paid in settlement of claims, (ix) reasonable attorneys’ fees, consulting fees and expert fees, (x) the cost of any investigation of site conditions, and (xi) the cost of any repair, clean-up or remediation ordered by any governmental or quasi-governmental agency or body or otherwise deemed necessary in Landlord’s reasonable judgment. Tenant’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Parking Premises, or the preparation and implementation of any closure, remedial action or other required plans in connection therewith. For purposes of the indemnity provisions in this Section 3.3(d), any acts or omissions of Tenant and/or Tenant’s employees, agents, assignees, contractors or subcontractors of Tenant or others acting for or on behalf of Tenant (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. The provisions of this Section 3.3(d) will survive the expiration or earlier termination of this Parking Lot Lease. (e) For purposes of this Parking Lot Lease, the term “Hazardous SubstancesSubstance” shall mean means any substance, material or waste which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or pose a present or potential hazard to human health or the environment when improperly handled, treated, stored, transported, disposed of or otherwise managed, including asbestos, oil, gas and include other hydrocarbons, and all hazardous and or toxic substances, waste materials and wastes listed, designated or materialsregulated under any Environmental Law. For purposes of this Parking Lot Lease, “Environmental Law” means any pollutant past, present or contaminantfuture federal, state or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to (a) the environment, human health or safety, including, without limitation, PCB’semissions, asbestos and raw materials that include hazardous constituents discharges, releases or threatened releases of any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities Hazardous Substance into the environment (including, but not limited towithout limitation, strict liabilityair, surface water, groundwater or land), damagesor (b) the manufacture, injuriesgeneration, expenses (includingrefining, but not limited toprocessing, court costsdistribution, litigation expensesuse, reasonable attorneys’ fees and costs of settlement or judgment)sale, suits and claims of any and every kind whatsoever paidtreatment, incurred or suffered byreceipt, storage, disposal, transport, arranging for transport, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises handling of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantSubstance.

Hazardous Substances. Tenant shall complynot generate, at its sole cost release, spill, -------------------- store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, medical wastes, or disease-producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and expense, with all laws, ordinances, orders, rules local laws and regulations of all state("Hazardous Substances") in, federalon or about the Premises, municipal Building, Common Areas or Land. In the event, and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) only in the useevent, occupancy and operation Landlord approves such Release of Hazardous Substances on the Premises. , Building, Common Areas or Land, Tenant agrees that no such Release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Tenant shall indemnify, hold harmless and defend Landlord from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Tenant, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances (defined below) shall be usedin, locatedon or about the Premises, stored Building, Common Areas or processed on the Premises Land caused by Tenant or any of its agents, representatives or its employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from occurring at any time after the PremisesCommencement Date. The term “Hazardous Substances” Landlord shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord and defend Tenant from and against any and all claims liabilities, losses, liabilities (including, but not limited to, strict liability), damages, injuriescleanup costs, response costs, and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs ' fees) arising out of settlement or judgment), suits and claims of in any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, way related to the presence in of Hazardous Substances in, on or the escape, leakage, spillage, discharge, emission or release from about the Premises of any Hazardous Substances caused by Tenant Landlord or any of its agents, representatives or employees, contractors, assigns, subtenants, guest . The provisions of this paragraph shall survive termination or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexpiration of this Lease.

Hazardous Substances. (a) Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any Hazardous Substances to be generated, placed, held, stored, used, located or disposed of at its sole cost the Project or any part thereof, except for Hazardous Substances as are commonly and expenselegally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all laws, ordinances, orders, applicable governmental rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in concerning the use, occupancy storage, production, transportation and operation disposal of such Hazardous Substances. Promptly upon receipt of Landlord's request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedFor purposes of this Article 43, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Demised Premises of any Hazardous Substances by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any of its agentsother Environmental Law); provided, employeeshowever, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on that the Premises prior foregoing indemnity is limited to the date Landlord delivers the Premises to Tenant.matters

Hazardous Substances. Tenant (a) The Sub-subtenant agrees to comply with the Sublease, the Sub-sublandlord’s protocols and procedures as the same may be amended from time to time, and all the applicable laws and regulatory requirements relating to fisheries, the preservation or protection of the environment and the manufacture, processing, distribution, use, treatment, storage, disposal, discharge, transport or handling of any substances, materials or waste regulated or prohibited by such laws or regulatory requirements, including pollutants, contaminants, deleterious substances, dangerous goods or hazardous wastes (collectively, “Hazardous Substances”) through, in or on the Land. (b) The Sub-sublandlord agrees to comply with the Sublease, the Sub-sublandlord’s protocols and procedures and all the applicable laws and regulatory requirements relating to fisheries, the preservation or protection of the environment and the manufacture, processing, distribution, use, treatment, storage, disposal, discharge, transport or handling of any Hazardous Substances through, in or on the Land. (c) Without limiting Section 6.1(l) below, if the Sub-subtenant or those for whom it is at law responsible causes or permits a spill or other release of a Hazardous Substance on, in or under the Land, the Sub-subtenant shall complybe responsible, at its sole cost and expense, with for the investigation and remediation of the affected area(s) and the Sub-subtenant agrees to indemnify and save harmless the Sub-sublandlord, its officers, directors, employees and those for whom it is at law responsible, from any and all lawsdamages, ordinanceslosses, costs, orders, rules fines, charges, expenses, claims, demands, liabilities and regulations obligations with respect to such spill or release of all statethe Hazardous Substance, federal, municipal and other governmental except as may be caused by or judicial agencies or bodies relating incurred due to the protection of public health, safety, welfare gross negligence or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation willful misconduct of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantSub-sublandlord.

Hazardous Substances. Tenant (a) shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the not use, occupancy and process, release, discharge, generate, treat, store, transport or dispose of any Hazardous Substances on, in, under or through the Premises or Property (other than substances necessary for the proper operation of the Premises. Tenant agrees that no business machines (E.G., photocopying machines and printers)), and (b) shall prohibit its employees, licensees, subtenants, invitees and third party contractors from using, processing, releasing, discharging, generating, treating, storing or disposing of any Hazardous Substances (defined below) shall be usedon, locatedin, stored under or processed on through the Premises by or Property, in either case in quantities or concentrations or in a manner which would violate any applicable Requirement. In addition to any other obligation or liability that Tenant may have hereunder or under applicable law, if Tenant or any of its agents, Tenant's employees, contractors, assignslicensees, subtenants, guest invitees or inviteesthird party contractors uses, and no processes, releases, discharges, treats, generates, stores, transports or disposes of any Hazardous Substances will be released Substance on, in, under or discharged through the Premises or the Property in violation of the terms of this Lease or applicable law, then Tenant upon discovering same or upon notice from Landlord or any governmental authority shall immediately remove such Hazardous Substance from the Premises. The term “Hazardous Substances” shall mean Premises and include the Property at Tenant's sole cost and expense in accordance with all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardapplicable Requirements. Tenant hereby agrees to indemnifyindemnifies and holds Landlord harmless from any loss, defend and hold harmless Landlord from and against any and all lossescost, liabilities (includingclaim, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, damage or expense including reasonable attorneys’ ' fees and costs arising out of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances breach by Tenant or any of its agentsobligations under this Section, employees, contractors, assigns, subtenants, guest or invitees. Tenant which indemnification obligation shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenant.expiration or

Hazardous Substances. Tenant shall complycertifies, at its sole cost represents warrants, covenants and expense, agrees that: (a) ▇▇▇▇▇▇ agrees to comply with all applicable local, state and federal environmental laws, ordinancesregulations, orders, rules ordinances and regulations of all state, federal, municipal administrative and other governmental or judicial agencies or bodies orders relating to the protection generation, recycling, treatment, use sale, storage, handling, transport and disposal of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no any Hazardous Substances (as defined below) by any person in or around the Hangar. Tenant will not, without Owner’s prior written consent, keep in or around the Hangar, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. (b) Tenant has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Hangar. (c) Tenant shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesfully and completely liable to Owner for, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold Owner harmless Landlord from and against any and all actual or alleged claims, demands, damages, losses, liabilities liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Tenant or Owner which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, but not limited towithout limitation, strict liability)use, damagesdisposal, injuriestransportation, storage, generation or sale of Hazardous Substances) in or around the Hangar during Tenant’s possession or control of the Hangar which directly or indirectly result in the Hangar or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Hangar or any Other Property. Tenant acknowledges that it will be solely responsible for all costs and expenses relating to investigation (includingincluding preliminary investigation) and cleanup of Hazardous Substances from the Hangar or from any Other Property. (d) As used in the Agreement, but not limited to“Hazardous Substances” means any chemical, court costsmaterial, litigation expenseswaste or similar matter defined, reasonable attorneys’ fees and costs of settlement classified, listed or judgment)designated as harmful, suits and claims of any and every kind whatsoever paidhazardous, incurred extremely hazardous, dangerous, toxic or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect toradioactive, or as a direct contaminant or indirect pollutant, or other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property” means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of operations or other activities on, or around the contamination of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantHangar.

Hazardous Substances. Tenant shall complyLessee shall: neither cause nor permit the Premises to be used to generate, at its sole cost manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Substances, except in quantities permitted and expense, otherwise in compliance with all lawsLegal Requirements; neither cause nor permit a release of Hazardous Substances onto the Premises or any other property as a result of any intentional or unintentional act or omission on the part of Lessee; comply with all applicable Legal Requirements related to Hazardous Substances; conduct and complete all investigations, ordinancesstudies, orderssampling, rules and regulations testing, and all remedial, removal, and other actions on, from, or affecting the Premises in accordance with such applicable Legal Requirements and to the satisfaction of Lessor; upon the expiration or termination of this Lease, deliver the Premises to Lessor free of all stateHazardous Substances; and defend, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesindemnify, and no Hazardous Substances will be released hold harmless Lessor and Lessor Parties from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesexpenses of any kind or nature, waste known or materialsunknown, any pollutant contingent or contaminant, otherwise (including, without limitation, PCB’saccountants’ and attorneys’ fees, asbestos (including fees for the services of paralegals and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liabilitypersons), damagesconsultant fees, injuries, expenses (including, but not limited toinvestigation and laboratory fees, court costs, and litigation expenses, reasonable attorneys’ fees expenses at the trial and costs of settlement or judgmentall appellate levels), suits and claims of any and every kind whatsoever paid, incurred or suffered byarising out of, or asserted againstin any way related to (a) the presence, Landlord by any persondisposal, entity or governmental agency for, with respect torelease, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or threatened release from the Premises of any Hazardous Substances which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal injury, including wrongful death, or damage to property, real or personal, arising out of or related to such Hazardous Substances; (c) any lawsuit brought, threatened, or settled by Tenant or related to such Hazardous Substances; and/or (d) any violation of its agents, employees, contractors, assigns, subtenants, guest or inviteesLegal Requirements related in any way to such Hazardous Substances. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.Intentionally Omitted Miscellaneous‌‌‌‌

Hazardous Substances. Tenant shall complyat all times comply with applicable local, at its sole cost state and expense, with all federal laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to Hazardous Substances. “Hazardous Substances” means (1) any oil, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants; (2) asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contains dielectric fluid containing polychlorinated biphenyl, or radon gas; (3) any chemical, materials or substance defined as or included in the protection definition of public health“hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous waste,” “restricted hazardous waste,” or “toxic substances,” or words of similar import under any applicable local, safetystate or federal law or under the regulations adopted or publications promulgated pursuant thereto; (4) any other chemical, welfare material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Premises or the environment owners and/or occupants of property adjacent to or surrounding the Premises, or any other person or entity coming upon the Premises or adjacent property; and (collectively5) any other chemical, material or substance that may or could pose a hazard to the environment. Tenant shall not: (i) use the Premises for the storage of Hazardous Substances except for such activities that are part of the course of Tenant’s ordinary business (the “Environmental LawsPermitted Activities”); provided, such Permitted Activities are conducted in accordance with all applicable laws, orders, regulations and ordinances; (ii) in use the use, occupancy and operation Premises as a landfill or dump; or (iii) install any underground tanks of any type at the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedat its own expense maintain in effect any and all permits, locatedlicenses or other governmental approvals, stored or processed if any, required for Tenant’s use of the Premises and require the same of any subtenants. Tenant shall make and cause any subtenant to make all disclosures required of Tenant by any laws, and shall comply and cause subtenant to comply with all orders concerning Tenant’s use of the Premises issued by any governmental authority having jurisdiction over the Premises and take all action required by such governmental authorities to bring the Tenant’s activities on the Premises by Tenant or any of its agentsinto compliance with all environmental and other laws, employeesrules, contractors, assigns, subtenants, guest or invitees, regulations and no Hazardous Substances will be released or discharged from ordinances affecting the Premises. The term “If at any time Tenant shall become aware, or have reasonable cause to believe, that any Hazardous Substances” Substance has been released or has otherwise come to be located on or beneath the Premises, Tenant shall, give written notice of that condition to Landlord. Tenant shall mean be responsible for, and include shall indemnify, defend and hold Landlord harmless from and against, all hazardous environmental claims, demands, damages and toxic substances, waste or materials, any pollutant or contaminantliabilities, including, without limitation, PCB’scourt costs and reasonable attorneys’ fees, asbestos and raw materials that include hazardous constituents if any, arising out of, or in connection with the generation, storage, disposal or presence caused by or resulting from Tenant, its employees, officers, directors, agents or invitees of any other similar substances Hazardous Substance in, on or materials that about the Premises whether prior to or after the Commencement Date. Prior to the Commencement Date, Landlord will have delivered to Tenant copies of any Phase I or, if applicable, Phase II environmental assessments relating to the Premises which are now or hereafter included under or regulated by any Environmental Laws or that would pose a healthin Landlord’s possession (collectively, safety or environmental hazardthe “Reports”). Tenant hereby agrees acknowledges that it has previously received a copy of the so-called Phase I environmental assessment dated June 2, 2006 and the Phase II environmental assessment dated June 6, 2006, both prepared by Nova Consulting. Notwithstanding anything herein to indemnifythe contrary, defend and hold harmless Landlord from and against any and all lossesexcept as disclosed in the Reports, liabilities to Landlord’s knowledge (including, but not limited to, strict liabilityas defined in Section 5.5 above), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises are not in violation of any Hazardous Substances by Tenant or any of its agentsapplicable environmental laws. Notwithstanding anything to the contrary contained in this Lease, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for the cost of remediating, removing or otherwise addressing any Hazardous Substances located on Substances, including any existing underground storage tanks, that were introduced upon the Premises prior to the date Landlord delivers Tenant’s occupancy of the Premises to Tenant.and which Tenant has not interfered with or otherwise enhanced or enabled. Further, Tenant shall not be responsible for removing the following above-ground tanks from the Premises at the expiration or earlier termination of the Term:

Hazardous Substances. Tenant shall complyExcept as disclosed to Lender in writing, at its sole cost Borrower represents and expensewarrants that to Borrower's knowledge: (1) during Borrower's occupancy of each of the offices it leases and occupies (the "Business Offices"), with all lawsthere has been no use, ordinancesgeneration, ordersmanufacture, rules and regulations storage, treatment, disposal, release or threatened release of all stateany Hazardous Substances by any person on, federalunder, municipal and other governmental about or judicial agencies from the Business Offices; (2) there has not been, (a) any breach or bodies violation by Borrower of any Environmental Laws; or (b) any actual, or to Borrower's knowledge threatened, litigation or claims of any kind by any person relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation any of the Premises. Tenant agrees that no Hazardous Substances foregoing environmental matters; (defined below3) shall be usedneither Borrower, locatednor any tenant, stored or processed on the Premises by Tenant or any contractor, agent of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents Borrower or any other similar substances authorized user of the Business Offices, shall use, generate, manufacture, store, treat, dispose of or materials that are now release any Hazardous Substances on, under, about or hereafter included from the Business Offices; and (4) any such activity shall be conducted in compliance with all applicable federal, state and local laws, regulations, and ordinances, including without limitation all Environmental Laws, except where non-compliance would not have, either individually or in the aggregate, a material adverse effect on the financial condition or operations of Borrower. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup, or other costs under or regulated by any Environmental Laws or that would pose a healthsuch laws, safety or environmental hazard. Tenant hereby and (2) agrees to indemnify, defend and hold harmless Landlord from and Lender against any and all claims, losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuries, penalties and expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs which Lender may directly or indirectly sustain or suffer resulting from a breach of settlement or judgment), suits and claims this section of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, the Agreement or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises consequence of any Hazardous Substances use, generation, manufacture, storage, disposal, release or threatened release by Tenant Borrower, or any tenant, contractor or agent of its agentsBorrower, employees, contractors, assigns, subtenants, guest of a hazardous waste or invitees. Tenant shall not be responsible for any Hazardous Substances located substance on the Premises prior Business Offices. The provisions of this section of the Agreement including the obligation to indemnify and defend, shall survive the date Landlord delivers payment of the Premises to TenantIndebtedness and the termination, expiration, or satisfaction of this Agreement.”

Hazardous Substances. Tenant Borrower represents and warrants that all its activities shall comply, at its sole cost and expense, be conducted in material compliance with all applicable federal, state, and local laws, regulations, and ordinances, orders, rules including without limitation all Environmental Laws. Borrower represents and regulations warrants that to the best of all state, federal, municipal and other governmental its knowledge there has been no breach or judicial agencies or bodies violation of an Environmental Law relating to the protection of public healthproperties owned by Borrower’s subsidiary, safetyTarvan & ▇▇▇▇▇▇▇, welfare Inc., that would materially and adversely affect Lender’s collateral. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or the environment (collectively, “Environmental Laws”) contribution in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored event Borrower becomes liable for cleanup or processed on the Premises by Tenant or other costs under any of its agents, employees, contractors, assigns, subtenants, guest or inviteessuch laws, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby (2) agrees to indemnify, defend indemnify and hold harmless Landlord from and Lender against any and all claims, losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuriespenalties, and expenses (includingincluding reasonable attorney’s fees incurred before trial, but not limited toat trial, court costs, litigation expenses, reasonable attorneys’ fees and costs on appeal or in any bankruptcy or arbitration proceeding) which Lender may directly or indirectly sustain or suffer resulting from a breach of settlement or judgment), suits and claims this section of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, the Agreement or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or a Hazardous Substances by Tenant Substance on the Collateral in violation of an Environmental Law. The provisions of this section of the Agreement, including the obligation to indemnify, shall survive the payment of the Indebtedness and the termination, expiration or any satisfaction of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant this Agreement and shall not be responsible for affected by Lender’s acquisition of any Hazardous Substances located on interest in any of the Premises prior to Collateral, whether by foreclosure or otherwise. Binding Effect. This Agreement, the date Landlord delivers Note, all Security Agreements (if any), and all Related Documents are binding upon the Premises to Tenantsigners thereof, as well as upon their successors, representatives and assigns, and are legally enforceable in accordance with their respective terms.

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed are present on the Premises by Tenant Industrial Center of the soil, surface water or goundwater thereof, (b) no underground storage tanks or asbestos-containing building materials are present on the Industrial Center, and (c) no action, proceeding, or claim is pending or threatened involving the Industrial Center concerning any Hazardous Substances or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be liable for, or indemnify Lessor from, any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements relating to any such Hazardous Substance, except to the extent that any of the foregoing directly or indirectly result from the release or emission of Hazardous Substances on or about the Premises caused by Lessee, its agents, employees, employees or contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessor, its agents, contractors, stockholders, directors, successors, representatives and assigns, from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature directly or judgment), suits and claims indirectly arising out of or in connection with any and every kind whatsoever paid, incurred such release or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of Lessee, its agents, employeesemployees or contractors. Lessor shall indemnify defend and hold harmless Lessee, its agents, contractors, stockholders, directors, successors, representatives and assigns, subtenantsfrom and against all losses, guest costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature directly or invitees. Tenant shall not be responsible for indirectly arising out of or in connection with any release or emission of Hazardous Substances located on caused by Lessor, its agents, employees or contractors, or arising out of or in any way connected with the Premises prior to the date Landlord delivers the Premises to Tenantbreach of any warranties or representations by Lessor under this paragraph 17.

Hazardous Substances. Tenant shall complycovenants, at represents and warrants to Landlord, its sole cost successors and expenseassigns, with all laws, ordinances, orders, rules that it has not used or permitted and regulations of all state, federal, municipal and other governmental will not use or judicial agencies or bodies relating permit the Premises to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored whether directly or processed on the Premises by Tenant or any of its agents, employees, through contractors, assignsagents or tenants, subtenantsfor the generating, guest or inviteestransporting, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancestreating, waste or materialsstorage, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, dischargemanufacture, emission or release from the Premises disposal of any Hazardous Substances by Substance without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's satisfaction that such Hazardous Substance is necessary or any useful to Tenant's business and will at all times be used, kept, stored and disposed of its agentsin a manner that complies at all times with all Environmental Laws and such storage will not create an undue risk to other tenants of the Building, employeesgiving consideration to the nature of the Building). ▇▇▇▇▇▇ agrees to indemnify and reimburse the Landlord, contractors, it successors and assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located breach of these representations and warranties and from any loss, damage, expense or cost arising out of or incurred by Landlord which is the result of a breach of, misstatement of or misrepresentation of the above covenants, representations and warranties, together with all attorneys' fees incurred in connection with any action brought by or against the Landlord arising out of the above. These covenants, representations and warranties shall be deemed continuing covenants, representations and warranties for the benefit of the Landlord, and any successor and assigns of the Landlord, including any subsequent owner of the Building and shall survive termination of this Lease. The amount of such indemnified loss, damage, expense or cost shall bear interest thereon at the lesser of (i) 18% per annum or (ii) the maximum rate permitted by law and shall become immediately due and payable in full on demand of the Premises prior to the date Landlord delivers the Premises to TenantLandlord, its successors and assigns.

Hazardous Substances. Neither Landlord nor Tenant shall complycause or permit any Hazardous Material (as hereinafter defined) to be brought upon, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental kept or judicial agencies used in or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on about the Premises by Tenant Landlord or any of Tenant, its agents, employees, contractors or invitees except in quantities and in a manner not prohibited by applicable Governmental Laws (defined below) and in connection with Landlord’s or Tenant’s business or incidental thereto. Tenant further covenants and agrees that it shall not discharge any Hazardous Material in the ground or sewer disposal system. If Tenant breaches the obligations stated in the preceding sentences, or if the presence of Hazardous Material on the Premises caused by Tenant, its employees, contractors, invitees, agents, servants, tenants or assigns, subtenantsresults in contamination of the Premises or if there is such a discharge, guest or inviteesthen Tenant shall (A) immediately give Landlord written notice thereof, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to (B) indemnify, defend and hold harmless Landlord from and against any and all lossesclaims, liabilities (including, but not limited to, strict liability)judgments, damages, injuriespenalties, expenses (includingfines, but not limited to, court costs, litigation expensesliabilities or losses which arise during or after the term as a result of such breach, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered bycontamination, or asserted againstdischarge. The foregoing indemnification includes, Landlord without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal or restoration work required by any personfederal, entity state or local governmental agency foror political subdivision. Without limiting the foregoing, with respect to, or as a direct or indirect result of, if the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances Material within the Premises caused or permitted by Tenant results in any contamination of the Premises or any other part of its agentsthe Land, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on promptly take all actions at its sole expense as are necessary to return the Premises or any facility or property of Landlord to the condition existing prior to the date Landlord delivers the Premises to Tenantintroduction of any such Hazardous Material.

Hazardous Substances. Except for Hazardous Substances (i) contained in products used by Landlord or Tenant during construction of the Project, (ii) used by Landlord or Tenant in de minimis quantities for ordinary cleaning and office purposes and petroleum products used as fuel in vehicles, heating systems and back up generators or (iii) produced by Tenant or an affiliate of Tenant and kept on the Demised Premises in de minimis quantities for purposes of displaying such products in a display case or for purposes of sending samples to Tenant’s customers and potential customers (and, in the case of (i), (ii) and (iii), then only in compliance with all applicable Environmental Laws), Landlord and Tenant shall complynot permit or cause any party to bring any Hazardous Substances upon the Project or the Demised Premises or transport, store, use, generate, manufacture, dispose, or release any Hazardous Substances on or from the Project or the Demised Premises without the other’s prior written consent. Landlord and Tenant, at its their respective sole cost and expense, shall operate their respective businesses in the Project in strict compliance with all lawsEnvironmental Laws and all requirements of this Lease. Landlord agrees that all other tenants of the Project, ordinancesat such tenants’ sole cost and expense, orders, rules and regulations of shall be obligated to operate their respective businesses in the Project in strict compliance with all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use. Landlord and Tenant shall and hereby do agree to pay, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedprotect, locateddefend, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold the other harmless Landlord from and against any and all lossesloss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims, costs and liabilities arising out of or in any manner related to the generation, storage, use, treatment or disposal of Hazardous Substances at the Project by Landlord or Tenant or their respective agents, employees or contractors. Notwithstanding the foregoing sentence, Landlord and Tenant or their respective agents, employees or contractors may use de minimis quantities or products containing Hazardous Substances for ordinary cleaning and office purposes, and then only in compliance with all applicable Environmental Laws. Other than as disclosed in that certain environmental assessment prepared by ▇▇▇▇▇▇ ▇▇▇▇ Associates, Project No. R00507.13E, and dated October 2006 (the “Environmental Report”), a copy of which has been provided to Tenant, to Landlord’s current actual knowledge, neither Landlord nor any third party has generated, disposed of, released, nor found any Hazardous Substances on or about the Demised Premises or the Project in violation of Environmental Laws. It is understood by Tenant, however, that Landlord has not made any independent investigations to confirm the accuracy of the Environmental Report or the foregoing representation, and Landlord makes no representation or warranty as to the accuracy or completeness of the Environmental Report. Tenant agrees to keep the Environmental Report confidential and not to disclose the contents thereof to any other party (with the exception of its agents and consultants who shall also be subject to such confidentiality requirement) without the prior written consent of Landlord. Landlord has received no notice that any municipality or any governmental or quasi-governmental authority has determined that there are any violations of the Environmental Laws with respect to the Demised Premises or the Project. Landlord covenants that it will undertake all commercially reasonable efforts to obtain and assist Tenant in obtaining comfort letters, certifications, authorizations and other approvals requested by Tenant in connection with any and all relevant brownfields Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and Exchange Commission. and historic preservation laws and regulations. In addition to the foregoing indemnity, Landlord agrees to pay, protect, defend, indemnify and hold harmless Tenant from and against any and all loss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), costs (including, without limitation, reasonable attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims and liabilities arising out of any Hazardous Substances present on the Project prior to the Commencement Date and thereafter released upon the Project, except for those releases caused by Tenant, its agents, employees or contractors, (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity). Such liability of Landlord shall be without regard to negligence or fault (except the negligence or fault of Tenant, its agents, employees or contractors (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Landlord acknowledges and agrees that any liabilities for historic preservation, environmental remediation and removal of Hazardous Materials, arising from site conditions prior to the Commencement Date, including, but not limited to, strict liability)those liabilities arising under Environmental Laws shall be the sole responsibility of Landlord (except to the extent caused by the negligence or fault of Tenant, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesemployees or contractors (excluding Landlord, contractors, assigns, subtenants, guest Landlord’s Contractor or inviteesits or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Tenant The provisions of this Article 12.2 shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall complyhereby represents and warrants to Landlord that Tenant has not brought or permitted to be brought, at its sole cost and expensecovenants and agrees with Landlord that Tenant will not bring or permit to be brought on the Premises or any portion thereof any substances or materials (hereinafter collectively called "Hazardous Substances") except those substances common used in business offices, with all lawsthe generation, ordinanceshandling, ordersmanufacturing, rules and regulations treatment, storage, use, transportation, or discharge of all which are regulated by any state, federal, municipal or local law, rule, regulation, or notice or may result in a diminution or impairment of air or water quality. Tenant hereby indemnifies and other governmental or judicial agencies or bodies relating agrees to the protection of public healthhold Landlord harmless from and against (a) all costs, safetyfees, welfare or the environment and expenses (collectivelyincluding, “Environmental Laws”without limitation, attorneys', engineers' and consultants' fees and costs actually incurred) in connection with the use, occupancy and operation presence of the Premises. Tenant agrees that no any Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises first introduced by Tenant onto the Premises after the Commencement Date; (b) all claims, liabilities, expenses, or damages imposed on Landlord or incurred by Landlord by any person (including, without limitation, any employee, invitee, or guest of its agentsTenant), employeesentity, contractorsor governmental body whatsoever and arising out of any claims, assignsaction, subtenantsadministrative proceedings, guest or inviteesjudgments, damages, penalties, fines, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantcosts, including, without limitation, PCB’sattorneys', asbestos engineers, and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend consultants' fees and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement investigation, and settlement, that arise directly or judgment)indirectly from or in connection with the presence, suits and claims of any and every kind whatsoever paid, incurred or suffered byrelease, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or suspected release from the Premises of any Hazardous Substances at, or, or about the Premises as a result of any action or omission of Tenant; (c) any diminution in the value of the Building arising directly or indirectly from or in connection with the presence, release, or suspected release of any Hazardous Substances at, on, or near the Premises as a result of any action or omission of Tenant; and (d) all loss of rental resulting from the presence, release, or suspected release of any Hazardous Substances at, in, or near the Premises or at, in, or near the Complex as a result of any action or omission by Tenant. Tenant agrees to notify Landlord (i) of any investigation of the Premises for Hazardous Substances by any consultant engaged by Tenant or others on Tenant's behalf or any governmental or quasi-governmental agency, department, commission, or committee and (ii) of any suit or threatened suit against Tenant with regard to the discharge, release, or possible discharge or release of Hazardous Substances at, near, or about the Premises. Further, Tenant agrees to provide Landlord with true, correct, and complete copies of all test results conducted by or at the request of Tenant with respect to the possible presence of Hazardous Substances at, near, or about the Premises. Any permitted alterations or permitted improvements to the Premises made by Tenant shall be made and maintained in compliance with all environmental, health, and safety laws applicable to the Premises. In addition to its agentsrights under Paragraph 7 above, Landlord shall have the right, but not the obligation or duty, to enter or to have its engineer and consultants enter the Premises at reasonable hours to test for the presence of Hazardous Substances. Such testing shall be at Landlord's expenses; provided, however, if such testing reveals the presence of Hazardous Substances above any permissible levels or quantities, Tenant shall promptly reimburse Landlord for the costs of such tests and shall promptly remove or cause to be removed any excessive Hazardous Substances. The indemnifications contained in this Paragraph 29 shall inure to the benefit of Landlord, its successors, successors-in-title, assigns, mortgagees, lenders, partners, joint venturers, officers, directors, members, employees, contractors, assigns, subtenants, guest and agents. The terms and provisions of this Paragraph 29 shall survive the expiration or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantearlier termination of this Lease.

Hazardous Substances. Tenant covenants that it shall complynot, at its sole cost and expenseany time during the Term of this Lease, with all lawsplace, ordinancesstore, ordersinstall upon, rules and regulations of all statedischarge, federalrelease or generate on, municipal and in or under the Demised Premises, or allow to escape from the Demised Premises, any pollutants or other governmental toxic or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (as defined below) shall be used), located, stored or processed on the Premises by Tenant containers or any of its agents, employees, contractors, assigns, subtenants, guest storage or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (processing facilities thereof including, but not limited to, strict liabilityany asbestos or asbestos containing materials, polychlorinated biphenyls (“PCBs”) in the form of electrical equipment, fluorescent light fixtures with ballasts, cooling oils of any other form, or any solid, liquid, gaseous or thermal irritant or contaminant, such as smoke, vapor, soot, fumes, alkalis, acids, chemicals, pesticides, herbicides, sewage, industrial sludge or other similar wastes, or industrial, nuclear or medical by-products, or install underground storage tanks (whether filled or unfilled) except for materials properly used, stored and disposed of in Tenant’s normal course of business. Except to the extent of any existing condition or due to Lessor’s negligence or willful misconduct, or to the negligence or willful misconduct of any other tenant of Lessor (except any sublessee or assignee of Tenant which may be permitted hereunder) Tenant shall protect, defend, indemnify and hold harmless Lessor from the costs (including costs of remediation), expenses (including reasonable attorneys’ fees), liabilities, losses, damages, injuriessuits, expenses (includingactions, but not limited tofines, court costspenalties, litigation expenses, reasonable attorneys’ fees and costs of settlement claims or judgment), suits and claims demands of any kind arising out of or in any way connected with, and every kind whatsoever paid, incurred Lessor shall not be liable to Tenant or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result other party on account of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its Tenant’s servants, sublessees and assignees (to the extent permitted hereunder), agents, employees, contractorslicensees, assignsinvitees, subtenantsand contractors placing, guest storing, installing, discharging, releasing or invitees. Tenant shall not be responsible for generating on, in, under or about the Demised Premises, or allowing to escape from the Demised Premises, any Hazardous Substances located on during the Premises prior to Term of this Lease or any renewal or extension hereof. (a) As used in this Lease, the date Landlord delivers following terms shall have the Premises to Tenant.following meanings:

Hazardous Substances. Tenant shall complycertifies, at its sole cost represents warrants, covenants and expense, agrees that: (a) ▇▇▇▇▇▇ agrees to comply with all applicable local, state and federal environmental laws, ordinancesregulations, orders, rules ordinances and regulations of all state, federal, municipal administrative and other governmental or judicial agencies or bodies orders relating to the protection generation, recycling, treatment, use sale, storage, handling, transport and disposal of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no any Hazardous Substances (as defined below) by any person in or around the Hangar. Tenant will not, without Owner’s prior written consent, keep in or around the Hangar, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. (b) Tenant has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Hangar. (c) Tenant shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesfully and completely liable to Owner for, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold Owner harmless Landlord from and against any and all actual or alleged claims, demands, damages, losses, liabilities liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Tenant or Owner which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, but not limited towithout limitation, strict liability)use, damagesdisposal, injuriestransportation, expenses (includingstorage, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs generation or sale of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence Hazardous Substances) in or around the escapeHangar during Tenant’s possession or control of the Hangar which directly or indirectly result in the Hangar or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, leakagerule or regulation pertaining to Hazardous Substances, spillage, discharge, emission or release and the cleanup of Hazardous Substances from the Premises Hangar or any Other Property. Tenant acknowledges that it will be solely responsible for all costs and expenses relating to investigation (including preliminary investigation) and cleanup of any Hazardous Substances by Tenant from the Hangar or from any of its agentsOther Property. (d) As used in the Agreement, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.“Hazardous

Hazardous Substances. Tenant shall complyBorrower represents and warrants that, at except as previously disclosed in writing by Borrower or its sole cost agent to Lender: no hazardous or toxic substance or material or other waste (“Hazardous Substance”) as defined in or regulated under the Comprehensive Environmental Response, Compensation and expenseLiability Act of 1980, with all lawsas amended (42 ▇.▇.▇. §▇▇▇▇ et. seq.), ordinancesthe Resource Conservation and Recovery Act (42 ▇.▇.▇. §▇▇▇▇, orders, rules and regulations of all state, et. seq.) or any other federal, municipal and other governmental state or judicial agencies local law, order or bodies relating regulation pertaining to the protection of public health, safety, welfare safety or the environment (collectively, “Environmental LawsLaw”) in has, to the useknowledge of Borrower ever been disposed, occupancy released, discharged or spilled on or under any real property now or heretofore ever owned, leased, operated or controlled by Borrower or any past, present or anticipated future subsidiary or affiliate of Borrower, that no such real property has ever been used as a dump or landfill, and operation that, to Borrower’s knowledge, no litigation or administrative action or proceeding has been commenced or threatened against Borrower or any subsidiary or affiliate of the PremisesBorrower alleging a violation of any Environmental Law. Tenant agrees Borrower warrants and covenants that no all real property now and at any time hereafter owned, leased, operated or controlled by Borrower and each subsidiary and affiliate of Borrower is and shall remain free from any contamination by any Hazardous Substances (defined below) shall be usedSubstance and that Borrower and each such subsidiary and affiliate has complied and will comply with all Environmental Laws affecting each of them, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesrespectively, and no Hazardous Substances will be released affecting all property, whether real, personal or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesmixed, waste or materialsheretofore, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under owned, leased, operated or regulated controlled by any Environmental Laws or that would pose a health, safety or environmental hazardof them. Tenant Borrower hereby agrees to indemnify, defend indemnifies Lender and hold holds Lender harmless Landlord from and against any and all losses, liabilities costs, expenses (including, including but not limited toto reasonable attorneys’ fees), strict liability)injuries, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits liabilities and claims of any and every kind whatsoever paid, incurred or suffered by, by or asserted against, Landlord against Lender by any personperson or entity, entity or including but not limited to any governmental agency forentity, whatsoever with respect to, to or as a direct or indirect result of, of the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances Substance on or under any real property now and at any time hereafter owned, leased, operated or controlled by Tenant Borrower or any subsidiary or affiliate of its agentsBorrower, employeesor the violation or alleged violation by Borrower or any such subsidiary or affiliate of any Environmental Law or, contractorswithout limitation of the foregoing, assignsany inaccuracy of any representation or warranty by Borrower contained in this Section or any breach by Borrower or other default in the covenants contained in this Section. The indemnification established under the preceding sentence shall survive the maturity as well as the repayment or other discharge of the Obligations and any termination of this Agreement whether pursuant to repayment of the Obligations, subtenantsrepossession and/or sale of the Collateral or otherwise, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers maximum extent permitted by law. Borrower expressly acknowledges that any misrepresentation by Borrower under this Section, or any failure of condition or breach of covenant by Borrower or other default in any of the Premises to Tenantobligations of Borrower under this Section shall be and constitute an Event of Default under this Agreement.

Hazardous Substances. Tenant and its directors, officers, contractors, subcontractors, agents, employees or invitees shall complynot install, at store, recycle, dispose of, release or otherwise locate in or upon the Real Estate, Building or Premises any “Hazardous Substances,” as such term is hereinafter defined, without first obtaining the prior written consent of Landlord. Tenant acknowledges and agrees that Landlord may, in its sole cost and expensediscretion, with all lawseither withhold consent to such usage or activity upon receipt of notice thereof from Tenant, ordinances, orders, rules and regulations or may require Tenant to obtain such insurance or other further assurances as Landlord in its sole discretion deem necessary in order to adequately protect the interests of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the PremisesLandlord. Tenant agrees that no Hazardous Substances (defined below) shall be usedto indemnify and hold Landlord, locatedits directors, stored or processed on the Premises by Tenant or any of its agentsofficers, members, assigns, employees, agents and contractors, assignsharmless for any future liability arising out of or connected with any claims, subtenantsjudgments, guest damages, penalties, fines, assessments, fees and other expenses related in any matter to the improper storage or discharge of Hazardous Substances on the Premises, whether actual or suspected, caused by the acts or omissions of Tenant, and its directors, officers, contractors, subcontractors, agents, employees or invitees, and no Hazardous Substances will be released or discharged Tenant shall further indemnify and hold Landlord, its directors, officers, members, assigns, employees, agents and contractors, harmless from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents violation of such applicable environmental laws or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardbreach of the foregoing representations and warranties. Tenant hereby further agrees to indemnify, defend and hold harmless Landlord from and against pay any and all lossesfines, liabilities (includingcharges, but not limited toassessments, strict liability)fees, damages, injurieslosses, expenses (includingclaims, but liabilities or response costs arising out of or in any way connected with a violation by Tenant or its directors, officers, contractors, agents, employees or invitees of such applicable environmental laws, which indemnifications shall survive the expiration or termination of this Agreement. Landlord is not limited toaware of the placement, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission disposal or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeson the Real Estate. Tenant shall not be responsible for any loss, damage, injury or expense relating to Hazardous Substances located on the Premises prior to the date caused, disposed or introduced by Landlord delivers the Premises to Tenantand their agents or employees.

Hazardous Substances. Tenant shall comply(a) Owner hereby represents warrants that it has no knowledge of any substance, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental chemical or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment waste (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” ”) on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Owner has not introduced or used and shall mean not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Owner shall be responsible for, and include shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all hazardous and toxic substancesspills or other releases of any Hazardous Substance caused solely by Owner, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances employee, agent, contractor, representative or materials affiliate thereof, that are now have occurred or hereafter included under may occur on the Property during the Term of this Lease. (b) The Tenant, Tenant’s Agents or regulated by Contractor’s hereby represents and warrants that it shall not: (i) bury underground or discharge into the sewage system at the Property any Environmental Laws Hazardous Substances, or that would pose (ii) use the Property as a healthstorage site for Hazardous Substances, safety except minimal quantities used in the ordinary course of the Tenant, Tenant’s Agents or Contractor’s business in accordance with all applicable environmental hazard. Tenant laws. (c) The Tenant, ▇▇▇▇▇▇’s Agents or Contractor and Owner each hereby agrees to indemnifydefend, defend indemnify and hold harmless Landlord the other party hereto from and against any and all lossesadministrative and judicial actions and rulings, claims, causes of action, demands and liabilities (collectively, the “Claims”) including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, assessments, penalties, fines, losses, judgments and reasonable attorneys’ attorney fees and costs of settlement that indemnitee may suffer or judgment), suits and claims of any and every kind whatsoever paid, incurred incur due to the existence or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises discovery of any Hazardous Substances by Tenant on the Property or any the migration of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance to other properties or the release of any Hazardous Substance into the environment (collectively, the “Actions”), that arise from the indemnifying party’s activities on or at the Premises prior to Property. The indemnification obligations set forth in this Section 14(c) specifically include, without limitation, costs incurred in connection with any investigation of site conditions and/or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 12(c) shall survive the date Landlord delivers the Premises to Tenanttermination or expiration of this Lease.

Hazardous Substances. Tenant Except as disclosed to and acknowledged by Lender to writing, Borrower represents and warrants that: (1) During the period of Borrowers ownership of the Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral, (2) Borrower has no knowledge of, or reason to believe that there has been (a) any breach of violation of any Environmental Laws; (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Collateral by any prior owners or occupants of any of the Collateral; or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters, (3) Neither Borrower nor any tenant, contractor, agent or other authorized user of any of the Collateral shall complyuse, at its sole cost generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and expense, any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations, and ordinances, orders, rules and regulations of including without limitation all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”. Borrower authorizes Lender and its agents to enter upon the Collateral to make such inspections and tests as Lender may deem appropriate to determine compliance of the Collateral with this section of the Agreement. Any inspections or tests made by Lender shall be at Borrower’s expense and for Lender’s purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to any other person. The representations and warranties contained herein are based on Borrower’s due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored event Borrower becomes liable for cleanup or processed on the Premises by Tenant or other costs under any of its agents, employees, contractors, assigns, subtenants, guest or inviteessuch laws, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby (2) agrees to indemnify, defend defend, and hold harmless Landlord from and Lender against any and all claims, losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuriespenalties, and expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs which Lender may directly or indirectly sustain or suffer resulting from a breach of settlement or judgment), suits and claims this section of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, the Agreement or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises consequence of any Hazardous Substances by Tenant use, generation, manufacture, storage, disposal, release or any threatened release of its agentsa hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, employeesincluding the obligation to indemnify and defend, contractorsshall survive the payment of the indebtedness and the termination, assigns, subtenants, guest expiration or invitees. Tenant satisfaction of this Agreement and shall not be responsible affected by Lender’s acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise. Litigation and Claims. No litigation, claim, investigation, administrative proceeding or similar action (including those for any Hazardous Substances located on the Premises prior unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to the date Landlord delivers the Premises to Tenantand acknowledged by Lender in writing.

Hazardous Substances. Tenant Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises as a landfill or as a dump for garbage or refuse, and shall complynot permit any hazardous or toxic waste, at its sole cost substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the maintenance or storage of which is prohibited, regulated, or penalized by any local, state, or federal agency, authority, or governmental unit, to be brought onto the Premises or if so brought or found located thereon, shall cause the same to be immediately removed, unless the maintenance, handling, storage, use, treatment, and expense, disposal of same is in full compliance with all lawsapplicable federal, ordinances, orders, rules state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the termination of this Lease. Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises in any manner other than in full compliance with all state, applicable federal, municipal state and other local environmental laws and regulations. If Lessee receives any notice from a governmental agency of violation of any environmental laws and regulations, Lessee shall promptly deliver a copy of such notice to Lessor. In the event of any release of any hazardous or judicial agencies toxic substances, materials or bodies relating to the protection of public healthcontaminants at, safetyon, welfare in, under or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation affecting any portion of the Premises, Lessee shall promptly notify Lessor of such release. Tenant Lessee further covenants and agrees that no Hazardous Substances to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (defined belowincluding, without limitation, attorneys’ and experts’ fees and disbursements) shall which may at any time be usedimposed upon, located, stored incurred by or processed on the Premises by Tenant asserted or awarded against Lessor or arising from or out of any of its agents, employees, contractors, assigns, subtenants, guest hazardous or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste materials or materialscontaminants from all or any portion of the Premises introduced by Lessee (or any person or entity claiming by, any pollutant through or contaminantunder Lessee), including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against : (i) the costs of removal of any and all lossessuch hazardous or toxic substances, liabilities materials or contaminants from all or any portion of the Premises; (includingii) additional costs required to take necessary precautions to protect against the release of such hazardous or toxic substances, but not limited tomaterials or contaminants on, strict liability)in, damagesunder or affecting the Premises into the air, injuriesany body of water, expenses any other public domain or any surrounding areas; and (includingiii) any costs incurred to comply, but not limited toin connection with all or any portion of the Premises with all applicable laws, court costsorders, litigation expensesjudgments and regulations with respect to such hazardous or toxic substances, reasonable attorneys’ fees and costs of settlement materials or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered contaminants introduced by, or asserted againston behalf of Lessee. This indemnity shall survive the expiration or earlier termination of this Lease. In addition, Landlord at the end of the term of this Lease or earlier termination hereof, Lessee, upon a reasonably based request by any personLessor, entity or governmental agency forshall cause, with respect toat Lessee’s expense, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from an environmental study to be conducted of the Premises by a person or firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other such materials have been stored, handled, treated or disposed of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. Tenant agrees that it will not on, about, or under the Leased Premises, make, release, treat or dispose of any "hazardous substances" as that term is defined in CERCLA; but the foregoing shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in not prevent the use, occupancy storage or existence of any hazardous substances in accordance with applicable laws and operation of the Premisesregulations and at levels that do not impose any clean up liability or obligation. Tenant agrees represents and warrants that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, it will at all times comply with CERCLA and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are Environmental Laws. To the extent required by CERCLA and/or any other Environmental Laws, Tenant shall remove any "hazardous substances" (as defined in CERCLA) and "Hazardous Materials" (as defined above) whether now or hereafter included under existing on the Leased Premises and whether or regulated by not arising out of or in any Environmental Laws or that would pose a healthmanner connected with Tenant's occupancy of the Leased Premises during the Term. In addition to, safety or environmental hazard. and without limiting Paragraph 10 of this Lease, Tenant shall and hereby agrees does agree to indemnifydefend, defend indemnify and hold Lender and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless Landlord from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, liabilities damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ ' fees and costs of settlement litigation, arising out of or judgment), suits and claims in any manner connected with (i) the violation of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, Environmental Law with respect toto the Leased Premises or Tenant's prior ownership of the Leased Premises; (ii) the "release" or "threatened release" of or failure to remove, or as a direct or indirect result ofrequired by this Paragraph 26, the presence "hazardous substances" (as defined in or the escape, leakage, spillage, discharge, emission or release CERCLA) and Hazardous Materials (as defined above) from the Leased Premises of any Hazardous Substances by Tenant or any portion or portions thereof, including any past or current release and any release or threatened release during the initial term or any extension of its agentsRenewal Term, employeeswhether or not arising out of or in any manner connected with Tenant's occupancy of the Leased Premises during the Initial Term or any extension or Renewal Term. The Tenant agrees that it will not install any underground storage tank at the Leased Premises without specific, contractors, assigns, subtenants, guest prior written approval from the Landlord. The Tenant agrees that it will not store combustible or invitees. Tenant shall not be responsible for any Hazardous Substances located flammable materials on the Leased Premises prior to the date Landlord delivers the Premises to Tenantin violation of CERCLA or any other Environmental Laws.

Hazardous Substances. Tenant Each Party (the “Responsible Party”) shall complycomply with, at its sole cost and expenseshall indemnify the Indemnified Parties (as defined below) against any obligations imposed under or violation of, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies any Law relating to the protection of public healthgeneration, safetymanufacture, welfare or the environment (collectivelystorage, “Environmental Laws”) in the use, occupancy and operation release or threatened release, disposal, transportation or presence of any Hazardous Substance on or under the Premises. Tenant agrees that no Hazardous Substances Property by the Responsible Party, except for a violation of applicable Law by an Indemnified Party (as defined below) resulting directly from any release of Hazardous Substances by an Indemnified Party. Indemnified Parties shall be usedhave no liability or responsibility under this Agreement, locatedand, stored or processed on without limiting the Premises by Tenant or any generality of its agentsSection 7.3(b) hereof, employees, contractors, assigns, subtenants, guest or inviteesthe Responsible Party shall hold the Indemnified Parties harmless and defend the Indemnified Parties from, and no Hazardous Substances will be released or discharged from reimburse the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materialsIndemnified Parties for, any pollutant or contaminantand all loss, costs, liability, damage and expense (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgmentcosts), suits and claims of any and every kind whatsoever paidincurred in connection with or arising from, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on or within the Premises prior Property resulting from the Responsible Party’s acts or omissions. These indemnifications shall survive the termination of this Agreement. Each Party shall immediately notify the other Party in writing should it discover or be informed of the presence or any threatened release or presence of any Hazardous Substance on the Property. Lessee has had the following environmental studies prepared on the Property: [_______________________]. Lessee represents that it has reviewed and is familiar with all of the matters contained in these studies. If Lessee’s use of the Property (including, without limitation, its construction activities) triggers any obligations imposed under any Law related to the date Landlord delivers the Premises to TenantHazardous Substances, Lessee shall promptly and completely comply with such Laws at it sole cost and expense.

Hazardous Substances. Tenant shall complynot cause or permit any hazardous or -------------------- toxic substances, materials or waste ("Hazardous Substances") to be used, generated, stored or disposed of in, on or under, or transported to or from the Leased Premises or the Building ("Hazardous Materials Activities") unless Tenant first obtains the written consent of Landlord. Both parties shall at its sole cost all times and expense, in all respects comply with all local, state, and federal laws, ordinances, orders, rules regulations and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies orders relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” . Each party shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend (by counsel acceptable to the other), protect, and hold harmless Landlord the other harmless, from and against any and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, liabilities costs (including, but not limited to, strict liability), damages, injuries, including clean-up) or expenses (includingincluding attorney's fees, but not limited to, court costs, litigation expenses, reasonable attorneys’ consultant's fees and costs expert's fees) for the death of settlement or judgment)injury to any person or damage to any property whatsoever, suits and claims of any and every kind whatsoever paidarising from or caused in whole or in part, incurred directly or suffered byindirectly, by indemnitors (a) causing or permitting the presence in, on, under, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, about the presence in Leased Premises or the escape, leakage, spillage, discharge, emission or release from the Premises Building of any Hazardous Substances; (b) causing or permitting any discharge or release in or from the Leased Premises or the Building of any Hazardous Substances; (c) use, storage, transportation, generation, disposal, release or discharge of Hazardous Substances by Tenant to, in, on, under, about or any of its agents, employees, contractors, assigns, subtenants, guest from the Leased Premises or invitees. Tenant shall not be responsible for the Building; and (d) failure to comply with any Hazardous Substances located on law. The obligations under this section shall survive the Premises prior to expiration or earlier termination of the date Landlord delivers the Premises to Tenantterm of this Lease.

Hazardous Substances. (a) Tenant shall complynot use or allow another person or entity to use any part of the Premises for the storage, at its sole cost use, treatment, manufacture, or sale of Hazardous Materials. Landlord acknowledges that Tenant may maintain ordinary cleaning products in the Premises which are incidental to the operation of Tenant’s business and expense, Landlord agrees that the use of such products in the Premises in compliance with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment applicable Laws (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos all Environmental Laws) and raw materials that include hazardous constituents or any other similar substances or materials that in the manner in which such products are now or hereafter included under or regulated designed to be used shall not be a violation by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant of this Section 35(a). (b) Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossesClaims (except to the extent they arise solely as a result of the grossly negligent acts or willful misconduct of Landlord, liabilities (includingits agents, but not limited to, strict liabilitycontractors or employees), damagesarising from or relating to: (i) any discharges, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered byreleases, or asserted againstthreatened releases of noise, Landlord by any personpollutants, entity or governmental agency forcontaminants, with respect toherbicides, pesticides, insecticides, or as hazardous or toxic wastes, substances, or materials (each of the preceding a direct “Hazardous Material”) into ambient air, water, or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances land by Tenant or any Tenant Party, from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of its agentspollutants, employeescontaminants, contractorsor hazardous or toxic wastes, assignssubstances, subtenantsor materials by Tenant or any Tenant Party, guest from, on, or inviteesunder, the Premises, or (iii) a violation of any Environmental Law on, under, or above the Premises by Tenant or any Tenant Party (for purposes hereof, “Environmental Law” means, any federal, state, or local law, statute, regulation, ordinance, guideline, or common law principle relating to public health or safety or the use or control of the environment, including without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Clean Air Act, the Federal Clean Water Act, and the Federal Resource Conservation and Recovery Act). The foregoing indemnification obligation 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 soil or ground water on or under the Building and arising out of a breach of Tenant’s obligations pursuant to this Section 35. If the Premises or the Building (or any portions thereof) are contaminated by any Hazardous Material during the Lease Term due to the acts or omissions of Tenant or any Tenant Party, then Tenant shall not be responsible for any Hazardous Substances located on promptly (A) notify Landlord in writing of such contamination and (B) perform all remediation required by Landlord (to Landlord’s satisfaction and at Tenant’s sole cost) necessary to return the Premises and the Building to at least as good a condition as the Premises and the Building are in as of the date immediately prior to the date contamination. If Tenant does not promptly commence and diligently pursue such remediation, or at Landlord’s election in its sole discretion, Landlord delivers may perform or cause to be performed such remediation at Tenant’s sole cost and expense and Tenant shall immediately, upon demand, pay the Premises to cost thereof, plus a supervisory fee in the amount of fifteen percent (15%) of such cost. Tenant’s obligations and liability under this Section will survive the termination of T▇▇▇▇▇’s tenancy and the Lease Term.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, at its sole cost and expenseplaced, with all lawsheld, ordinancesstored, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored located or processed on disposed of at the Premises by Tenant Project or any part thereof other than commonly used office cleaning supplies in commercially reasonable quantities. For purposes of its agentsthis Article 41, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Demised Premises of any Hazardous Substances by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agentsthe covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration or termination of this Lease. To the best of the Landlord's knowledge, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any there are currently no Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexisting in building.

Hazardous Substances. Landlord hereby notifies Tenant, and Tenant shall complyhereby acknowledges that, at its sole cost prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and expenseSafety Code Section 25359.7 (or any successor statute), with all lawsthat Landlord knows; or has reasonable cause to believe, ordinancesthat certain hazardous substances (as such term is used in such Section 25359.7), ordersincluding without limitation common cleaning supplies, rules and regulations office supplies, spillage of all statepetroleum products from motor vehicles, federal, municipal and other governmental consumer products, may have come to be located on or judicial agencies or bodies relating to beneath the protection of public health, safety, welfare or Premises and/or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the PremisesProject. Tenant agrees that no Hazardous Substances hereby indemnifies Landlord against all Environmental Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense of any such Environmental Claims or any action or proceeding brought on any of such Environmental Claims. For purposes of this Paragraph, "Environmental Claims" shall be usedmean all liabilities, locateddamages, stored losses, costs, expenses, attorneys' fees, and claims (except to the extent they arise as a result of the negligent acts or processed on willful misconduct of Landlord or Landlord's Invitees), arising from or which seek to impose liability (i) because of or relating to any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any of the Premises preceding a "Hazardous Material") by Tenant or any of its agentsTenant's Invitees into ambient air, employeeswater, contractorsor land from, assignson, subtenantsunder, guest or invitees, and no Hazardous Substances will be released or discharged from above the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. (ii) relating Landlord Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.---------- ---------

Hazardous Substances. A. Tenant shall comply, at its sole cost covenants and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedactivities undertaken by Tenant, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assignsrepresentatives and agents, subtenantson or about the Property shall violate any Legal Requirement (whether now existing or hereafter enacted or promulgated) or any judicial or administrative interpretations thereof, guest including any judicial or inviteesadministrative orders or judgments, governing the use, storage, transportation and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all disposal of any hazardous and toxic substances, waste or materialsincluding petroleum, any pollutant or contaminantpetroleum products and other petrochemicals, includingasbestos, without limitationpolychlorinated biphenyls, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances hazardous or toxic materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardwaste (hereinafter collectively referred to as "Hazardous Substances"). Tenant hereby further covenants and agrees to indemnify, defend protect and hold save Landlord and any mortgagee harmless Landlord from and against any and all damages, losses, liabilities liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements and expenses of any kind or of any nature whatsoever (including, but not limited towithout limitation, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ legal and experts' fees and costs of settlement or judgment), suits and claims of disbursements) which may at any and every kind whatsoever paidtime be imposed upon, incurred or suffered by, asserted, claimed or asserted against, awarded against Landlord by and any person, entity mortgagee and arising from or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises out of any Hazardous Substances by Tenant on, in, under or affecting (x) all or any portion of the Property (including the Building) introduced during the term of this Lease, or (y) all or any portion of the Building and the footprint of Land upon which the Buildings stands introduced prior to the term of this Lease, in each case by, or on behalf of, Tenant, any subtenant, assignee or licensee of the Premises, which indemnity shall include, without limitation, (i) the costs of handling, storage and disposal of any and all such Hazardous Substances from all or any portion of the Property or the Premises, (ii) additional costs required to take necessary precautions to protect against the release of such Hazardous Substances on, in, under or affecting the Property or the Premises, into the air, any body of water, any other public domain or any surrounding areas and (iii) any costs incurred to comply, in connection with all or any portion of the Property or the Premises, with all applicable Legal Requirements with respect to such Hazardous Substances. Tenant represents and warrants to Landlord that Tenant has investigated the Premises to its agentsfull satisfaction with respect to Hazardous Substances and, in addition, to and not by way of limitation of, the provisions of Section 2.A. above, Tenant has accepted the Premises in its "as is" condition. The provisions of this Article 19 shall survive the expiration or sooner termination of this Lease. B. Landlord covenants and agrees that no activities undertaken by Landlord, its employees, contractors, assignsrepresentatives and agents, subtenantson or about the Property shall violate any Legal Requirement (whether now existing or hereafter enacted or promulgated) or any judicial or administrative interpretations thereof, guest including any judicial or inviteesadministrative orders or judgments, governing the use, storage, transportation and disposal of any Hazardous Substances. Landlord further covenants and agrees to indemnify, protect and save Tenant shall not harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements and expenses of any kind or of any nature whatsoever (including, without limitation, legal and experts' fees and disbursements) which may at any time be responsible for imposed upon, incurred by, asserted, claimed or awarded against Tenant and arising from or out of any Hazardous Substances located on on, in, under or affecting all or any portion of the Property or the Premises prior introduced during the term of this Lease by, or on behalf of Landlord or any Landlord Direct Tenant, or any subtenant, assignee or licensee of any Landlord Direct Space, including, without limitation (i) the costs of handling, storage and disposal of any and all such Hazardous Substances from all or any portion of the Property or the Landlord Direct Space, (ii) additional costs required to take necessary precautions to protect against the date release of such Hazardous Substances on, in, under or affecting the Property or the Landlord delivers Direct Space, into the air, any body of water, any other public domain or any surrounding areas and (iii) any costs incurred to comply, in connection with all or any portion of the Property or the Landlord Direct Space, with all applicable Legal Requirements with respect to such Hazardous Substances. Tenant represents and warrants to Landlord that Tenant has been the sole occupant of the Premises to Tenantand the Building (except for the Landlord's Direct Tenants' space) under the Ground Lease.

Hazardous Substances. Tenant Lessee shall complynot cause "Hazardous Substances" as defined below to be brought upon, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental kept or judicial agencies used in or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on about the Premises by Tenant or any of Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no unless such Hazardous Substances are necessary for Lessee's business and will be released or discharged from the Premises. The term “used, kept, and stored in a manner that complies with this Lease and all laws, regulations and ordinances regulating any such Hazardous Substances” shall mean , provided that Lessee first obtains the written consent of Lessor and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials provided further that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessee indemnifies Lessor from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, liability with respect toto such Hazardous Substances as more particularly described below. If Lessee breaches the covenants and obligations set forth herein or, or as a direct or indirect result of, if the presence of Hazardous Substances on, in or the escape, leakage, spillage, discharge, emission or release from about the Premises of any Hazardous Substances by Tenant or any of other property caused or permitted by Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant shall not be responsible for , results in contamination of the Premises or any other property or, if contamination of the Premises or any other property by Hazardous Substances located otherwise occurs for which Lessee is legally liable to Lessor, then Lessee shall indemnify and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises prior to Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the date Landlord delivers Lease term as a result of such contamination. The provisions of this section shall survive the Premises to Tenantexpiration and earlier termination of this Lease.

Hazardous Substances. Tenant shall complyA. LANDLORD hereby represents and warrants that, at its sole cost to the best of LANDLORD’s knowledge, information and expense, with all laws, ordinances, orders, rules belief: (i) the Premises have not been exposed to Hazardous Substances and regulations are presently free of all stateHazardous Substances; (ii) neither the LANDLORD nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, municipal and state or local law, regulation, ordinance or other governmental legislation pertaining to air, water, or judicial agencies or bodies relating to the protection of public health, safety, welfare soil quality or the environment handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (collectivelyiii) any handling, “Environmental Laws”) in the usetransportation, occupancy and operation storage, treatment or use of the Premises. Tenant agrees that no toxic or Hazardous Substances to date has been in compliance with applicable laws; and (defined belowiv) shall be used, located, stored or processed no reportable use has occurred on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesto date, and no the soil, groundwater and vapor on or under the Premises is free of Hazardous Substances will be released or discharged from as of the Premises. The term “Hazardous Substances” Commencement Date. B. LANDLORD shall mean and include all hazardous and toxic substancesindemnify, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnifyprotect, defend and hold COUNTY, its agents and employees and the Premises, harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), losses and/or damages, injuriesliabilities, expenses (includingjudgments, but not limited to, court costs, litigation claims, expenses, reasonable penalties, including attorneys’ fees and costs consultant’s fees, arising out of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, involving the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises existence of any Hazardous Substances by Tenant located in, about or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on under the Premises prior to the date Landlord delivers Commencement Date of this Lease. Additionally, the issuance of an order by any governmental authority directing the LANDLORD or any of LANDLORD’s other tenants or licensees on the property of which the Premises forms a part to Tenantcease and desist any illegal action in connection with a Hazardous Substance, or to remediate a contaminated condition caused by the LANDLORD or any person acting under LANDLORD’s direct control and authority is a breach of this Contract, and LANDLORD shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by COUNTY in connection with or in response to such order. LANDLORD’s obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by COUNTY, and the cost of investigation, removal, remediation, restoration and/or abatement thereof. LANDLORD’s obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation or release agreement entered into by COUNTY and LANDLORD shall release LANDLORD from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by COUNTY in writing. C. For the purposes of this paragraph, the following definitions shall apply:

Hazardous Substances. Except for Hazardous Substances (i) contained in products used by Landlord or Tenant during construction of the Project, (ii) used by Landlord or Tenant in de minimis quantities for ordinary cleaning and office purposes and petroleum products used as fuel in vehicles, heating systems and back up generators or (iii) produced by Tenant or an affiliate of Tenant and kept on the Demised Premises in de minimis quantities for purposes of displaying such products in a display case or for purposes of sending samples to Tenant’s customers and potential customers (and, in the case of (i), (ii) and (iii), then only in compliance with all applicable Environmental Laws), Landlord and Tenant shall complynot permit or cause any party to bring any Hazardous Substances upon the Project or the Demised Premises or transport, store, use, generate, manufacture, dispose, or release any Hazardous Substances on or from the Project or the Demised Premises without the other’s prior written consent. Landlord and Tenant, at its their respective sole cost and expense, shall operate their respective businesses in the Project in strict compliance with all lawsEnvironmental Laws and all requirements of this Lease. Landlord agrees that all other tenants of the Project, ordinancesat such tenants’ sole cost and expense, orders, rules and regulations of shall be obligated to operate their respective businesses in the Project in strict compliance with all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use. Landlord and Tenant shall and hereby do agree to pay, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedprotect, locateddefend, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold the other harmless Landlord from and against any and all lossesloss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims, costs and liabilities arising out of or in any manner related to the generation, storage, use, treatment or disposal of Hazardous Substances at the Project by Landlord or Tenant or their respective agents, employees or contractors. Notwithstanding the foregoing sentence, Landlord and Tenant or their respective agents, employees or contractors may use de minimis quantities or products containing Hazardous Substances for ordinary cleaning and office purposes, and then only in compliance with all applicable Environmental Laws. Other than as disclosed in that certain environmental assessment prepared by ▇▇▇▇▇▇ ▇▇▇▇ Associates, Project No. R00507.13E, and dated October 2006 (the “Environmental Report”), a copy of which has been provided to Tenant, to Landlord’s current actual knowledge, neither Landlord nor any third party has generated, disposed of, released, nor found any Hazardous Substances on or about the Demised Premises or the Project in violation of Environmental Laws. It is understood by Tenant, however, that Landlord has not made any independent investigations to confirm the accuracy of the Environmental Report or the foregoing representation, and Landlord makes no representation or warranty as to the accuracy or completeness of the Environmental Report. Tenant agrees to keep the Environmental Report confidential and not to disclose the contents thereof to any other party (with the exception of its agents and consultants who shall also be subject to such confidentiality requirement) without the prior written consent of Landlord. Landlord has received no notice that any municipality or any governmental or quasi-governmental authority has determined that there are any violations of the Environmental Laws with respect to the Demised Premises or the Project. Landlord covenants that it will undertake all commercially reasonable efforts to obtain and assist Tenant in obtaining comfort letters, certifications, authorizations and other approvals requested by Tenant in connection with any and all relevant brownfields and historic preservation laws and regulations. In addition to the foregoing indemnity, Landlord agrees to pay, protect, defend, indemnify and hold harmless Tenant from and against any and all loss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), costs (including, without limitation, reasonable attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims and liabilities arising out of any Hazardous Substances present on the Project prior to the Commencement Date and thereafter released upon the Project, except for those releases caused by Tenant, its agents, employees or contractors, (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity). Such liability of Landlord shall be without regard to negligence or fault (except the negligence or fault of Tenant, its agents, employees or contractors (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Landlord acknowledges and agrees that any liabilities for historic preservation, environmental remediation and removal of Hazardous Materials, arising from site conditions prior to the Commencement Date, including, but not limited to, strict liability)those liabilities arising under Environmental Laws shall be the sole responsibility of Landlord (except to the extent caused by the negligence or fault of Tenant, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesemployees or contractors (excluding Landlord, contractors, assigns, subtenants, guest Landlord’s Contractor or inviteesits or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Tenant The provisions of this Article 12.2 shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall comply(a) Mortgagor hereby represents that neither Mortgagor nor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection best of public healthMortgagor's knowledge, safetyafter due inquiry, welfare any other person or the environment entity has ever generated, used or disposed of any Hazardous Substance (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (as defined below) shall be used, located, stored from or processed on in connection with the Premises by Tenant Mortgaged Property or used the Mortgaged Property as a storage facility for any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant Substance. (b) Mortgagor hereby agrees to indemnify, defend indemnify Mortgagee and hold Mortgagee harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees ' and paralegals' fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord Mortgagee by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence presence, usage, storage, generation or disposal on or under or in connection with the Mortgaged MWF 7/7/93 Property, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from the Premises Mortgaged Property, of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' and paralegals' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, under any so called Federal, state or local "superfund" or "superlien" law, or under any statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substances located on Substance), regardless of whether within the Premises prior control of Mortgagee. (c) For purposes of this Section 6, "Hazardous Substance" shall mean and include those elements or compounds which are from time to time contained in the date Landlord delivers list of hazardous substances adopted by the Premises to TenantUnited States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by Congress or the EPA or defined by any other Federal, Florida, 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.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no it shall not generate, store, manufacture, refine, transport, treat, dispose of or otherwise permit to be present on or about the Premises or the Building, any Hazardous Substances. As used herein, Hazardous Substances (defined below) shall be useddefined as any "hazardous chemical," "hazardous substance," or similar term as defined in the Comprehensive Environmental Responsibility Compensation and Liability Act, locatedas amended (42 U.S.C. 59601, stored et seq.), any rules or processed on regulations promulgated thereunder, or in any other applicable federal, state or local law, rule or regulation dealing with environmental protection. It is understood and agreed that the Premises provisions contained in this Section shall be applicable notwithstanding the fact that any substance shall not be deemed to be a Hazardous Substance at the time of its use by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no but shall thereafter be deemed to be a Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardSubstance. Tenant hereby agrees to indemnifyshall defend, defend indemnify and hold harmless Landlord from and against any and all lossescosts, expenses, claims and liabilities (includingwhatsoever from the default of this Section by Tenant, but its agents, contractors or employees, except to the proportionate extent arising in connection with the willful misconduct or negligent acts or omissions of Landlord, its employees, agents, and/or contractors. To Landlord's actual knowledge, information, and belief, the Premises and/or the Building in which it is located is not limited toin direct or indirect violation of any Environmental Law, strict liability)and no Hazardous Substances are located on or have been handled, generated, stored, processed or disposed of on or released or discharged from the Property. Unless caused by the acts of Tenant, its agents, contractors, employees or representatives, Landlord shall defend, and save Tenant harmless from and against, and hereby indemnify Tenant from and against any and all present or future liens, damages, injurieslosses, expenses (includingliabilities, but not limited toobligations, court settlement payments, penalties, assessments, citations, directives, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, litigation expenses, reasonable attorneys’ fees disbursements and costs of settlement or judgment), suits and claims expenses of any and every kind whatsoever paidor of any nature whatsoever, incurred which may at any time be imposed upon or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in awarded against Tenant or the escapePremises, leakageand arising directly or indirectly from or out of the violation of any present or future local, spillagestate or federal law, dischargerule or regulation pertaining to environmental regulation, emission contamination or release from clean-up, relating to or affecting the Premises within the control of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantLandlord.

Hazardous Substances. (a) Tenant shall complynot cause the Property to become contaminated by any hazardous or toxic substance or materials, at its sole cost and expensewhich includes any substances defined as or included in the definition of “hazardous substances”, with all “hazardous waste”, “hazardous materials”, “toxic substances”, “contaminants”, or any other substances declared to be hazardous or toxic under any federal, state, or local laws, ordinances, ordersrules, rules or regulations that are now or hereafter in effect, and regulations of shall be responsible for any and all state, federal, municipal such contamination (and other governmental the cleanup or judicial agencies remediation thereof) on the Property arising from or bodies relating to in connection with the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of Tenant’s business or Tenant’s use or occupancy of the PremisesPremises and/or the Land. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its and Tenant’s agents, employees, contractors, assigns, subtenants, guest or and invitees, and no Hazardous Substances will be released or discharged from shall not use the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, Premises and/or the Land in any pollutant or contaminantmanner that violates any applicable environmental laws, including, without limitation, PCB’sany such law, asbestos ordinance, rule, or regulation pertaining to air and raw materials that include water quality, the handling, transportation, storage, treatment, usage, or disposal of hazardous constituents or any other similar toxic substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a healthmaterials, safety or air emissions, and other environmental hazardmatters. Tenant hereby agrees shall not cause or permit the Premises and/or the Land to be used for generation, handling, transportation, storage, disposal, or release of any hazardous or toxic substance or materials, except as exempted or properly permitted under applicable environmental laws. (b) Tenant shall indemnify, defend defend, and hold Landlord and ▇▇▇▇▇▇▇▇’s agents, representatives, employees, officers, directors, owners, partners, attorneys, heirs, personal representatives, successors, subsidiaries, affiliates, and/or assigns harmless Landlord from and against any and all lossesclaims, liabilities (including, but not limited to, strict liability)actions, damages, injuriesliabilities, expenses (including, but not limited to, court costs, litigation costs and expenses, including reasonable attorneys’ fees and costs of settlement or judgment)fees, suits and claims of any and every kind whatsoever paidarising, incurred or suffered byresulting from, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises connection to Tenant’s non-compliance with the provisions set forth herein under Section 3.04(a). (c) The provisions set forth herein under Section 3.04 shall survive the expiration or termination of this Lease in accordance with its terms.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at its sole cost the Project or any part thereof except for Hazardous Substances as are commonly and expenselegally used or stored as a consequence of using the Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all laws, ordinances, orders, applicable governmental rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in concerning the use, occupancy storage, production, transportation and operation disposal of such Hazardous Substances. Promptly upon receipt of Landlord's request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedFor purposes of this Section 39, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, ' the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Premises of any Hazardous Substances caused by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agentsthe covenant contained in this Section 39. The obligations of Tenant under this Section shall survive any expiration or termination of this Lease. Landlord represents and warrants to Tenant that, employeesto the best of Landlord's knowledge, contractors, assigns, subtenants, guest or invitees. Tenant shall there will not be responsible for as of the Final Delivery Date, any Hazardous Substances located on or about the Premises prior Project or the Premises, except for Hazardous Substances as are commonly and legally used in the construction of the Building and the tenant improvements to the date Landlord delivers the Premises to TenantPremises, provided that such use complies with all applicable Environmental Laws.

Hazardous Substances. Tenant A. Contractor shall complynot cause Hazardous Substances to be brought upon or used in or about the Project Site and/or any other property owned, at leased, controlled or under the jurisdiction of Township (hereafter, the “Owner's Property”) by Contractor, its sole cost employees, subcontractors of any tier, suppliers, and expenseanyone for whose acts and/or omissions for whom Contractor may be liable (hereafter, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, the “Environmental LawsContractor’s Agents”) ). If the presence of Hazardous Substances brought upon or used in the use, occupancy and operation or about any of the Premises. Tenant agrees that no Hazardous Substances (defined below) Owner's Property by or on behalf of Contractor or Contractor's Agents in violation of this Paragraph, results in contamination of the said property, Contractor shall be usedpay for all actual costs of clean up and shall indemnify, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeshold harmless, and no Hazardous Substances will be released or discharged from defend the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from Indemnified Parties (described above) and against any and all lossesclaims, liabilities (including, but not limited to, strict liability), damages, injuriesdemands, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgmentfees), suits costs, fines, penalties, and claims other liabilities of any and every kind whatsoever paidand nature, including, but not limited to, costs and expenses incurred or suffered byin connection with any clean-up, remediation, removal, or asserted against, Landlord restoration work required by any personfederal, entity state or local governmental agency forauthority because of the presence of any such Hazardous Substances on or about said property. Contractor's indemnification obligations and duties hereunder shall survive the termination and/or expiration of this Agreement. B. For purposes hereof, with respect Hazardous Substances shall include, but not be limited to, substances defined as “hazardous substances” and/or “toxic substances” in the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the federal Hazardous Materials Transportation Act, as amended; and the federal Resource Conservation and Recovery Act, as amended (“RCRA”); those substances defined as “hazardous substances,” “materials,” or “wastes” under any Federal law or the law of the State of Illinois; and as a direct or indirect result ofsuch substances are defined in any regulations adopted and publications promulgated pursuant to said laws (hereafter, collectively, the presence in “Environmental Laws”). If Contractor’s activities or the escape, leakage, spillage, discharge, emission or release from the Premises activities of any of Contractor’s Agents violate or create a risk of violation of any Environmental Laws, Contractor shall cause such activities to cease immediately upon notice from Township or Engineer. Contractor shall immediately notify Township and Engineer both by telephone and in writing of any spill or unauthorized discharge of Hazardous Substances by Tenant or of any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for condition constituting an “imminent hazard” under any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantEnvironmental Laws.

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed are present on the Premises by Tenant Industrial Center of the soil, surface water or goundwater thereof, (b) no underground storage tanks or asbestos- containing building materials are present on the Industrial Center, and (c) no action, proceeding, or claim is pending or threatened involving the Industrial Center concerning any Hazardous Substances or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be liable for, or indemnify Lessor from, any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements relating to any such Hazardous Substance, except to the extent that any of the foregoing directly or indirectly result from the release or emission of Hazardous Substances on or about the Premises caused by Lessee, its agents, employees, employees or contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessor, its agents, contractors, stockholders, directors, successors, representatives and assigns, from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature directly or judgment), suits and claims indirectly arising out of or in connection with any and every kind whatsoever paid, incurred such release or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of Lessee, its agents, employeesemployees or contractors. Lessor shall indemnify defend and hold harmless Lessee, its agents, contractors, stockholders, directors, successors, representatives and assigns, subtenantsfrom and against all losses, guest costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature directly or invitees. Tenant shall not be responsible for indirectly arising out of or in connection with any release or emission of Hazardous Substances located on caused by Lessor, its agents, employees or contractors, or arising out of or in any way connected with the Premises prior to the date Landlord delivers the Premises to Tenantbreach of any warranties or representations by Lessor under this paragraph 15.

Hazardous Substances. Tenant shall (a) Borrower will comply, and will cause Tenant or Manager to comply, with all applicable Environmental Laws relating to the Mortgaged Property and the requirements of Article 9 of the Lease. Compliance by Tenant or Manager with the requirements of Article 9 of the Lease will be deemed to be compliance by Borrower with this Section 4.11(a). (b) Borrower will promptly notify Lender in writing if Borrower learns of the possible existence of any Hazardous Substances on the Mortgaged Property or if Borrower learns that the Mortgaged Property is or may be in direct or indirect violation of any Environmental Laws. Further, immediately upon receipt of the same, Borrower will deliver to Lender copies of any and all orders, notices, permits, applications, reports, and other communications, documents and instruments pertaining to the actual, alleged or potential presence or existence of any Hazardous Substances at, on, about, under, within, near or in connection with the Mortgaged Property. Subject to the rights of the Tenant under the Lease and the SNDA and the rights of tenants under the Superior Leases, Borrower grants to Lender and its agents and employees access to the Mortgaged Property and a license to remove any Hazardous Substances and to do all things Lender deems necessary to cause the Mortgaged Property to comply with Environmental Laws. Borrower will, at its Borrower's sole cost and expense, indemnify, defend (at trial and appellate levels, and with attorneys, consultants and experts acceptable to Lender), and hold the Indemnified Parties harmless from and against any and all lawsIndemnified Liabilities arising directly or indirectly from or out of: (i) the presence or release of any Hazardous Substances on, ordinancesin, ordersunder or affecting all or any portion of the Mortgaged Property, rules and regulations or any release of all state, federal, municipal and other governmental or judicial agencies or bodies Hazardous Substances emanating from the Mortgaged Property onto any contiguous property; (ii) the violation of any Environmental Laws relating to or affecting the protection Mortgaged Property, caused by Borrower or members of Borrower; (iii) the failure by Borrower to comply fully with the terms and conditions of this Section 4.11; (iv) the breach of any representation or warranty contained in Section 7.27 hereof; or (v) the enforcement of this Section 4.11, including, the cost to assess, contain and/or remove any Hazardous Substances from the Mortgaged Property or any surrounding areas, the cost of any actions taken in response to the presence, release or threat of release of any Hazardous Substances on, in, under or affecting the Mortgaged Property or any surrounding areas to prevent or minimize such release or threat of release so that it does not migrate or otherwise cause or threaten danger to present or future public health, safety, welfare or the environment environment, and the costs incurred to comply with the Environmental Laws in connection with the Mortgaged Property or any surrounding areas. This indemnity will survive payment in full of the Debt or any termination or satisfaction of the Lien of the Indenture or foreclosure of the Indenture for any Indemnified Liabilities arising or accruing on or before payment in full of the Debt or any termination or satisfaction of the Lien of the Indenture or foreclosure of the Indenture. IMPORTANT - READ THIS BORROWER ACKNOWLEDGES THAT PURSUANT TO THE FOREGOING INDEMNITY IT HAS AGREED TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES ARISING BY REASON OF THE ACTS OR OMISSIONS OF ANY OF THE INDEMNIFIED PARTIES AND OTHERWISE, WHICH LIABILITIES INCLUDE, WITHOUT LIMITATION, EXCEPT AS PROVIDED ABOVE, SOLE NEGLIGENCE, CONCURRENT NEGLIGENCE, STRICT LIABILITY, CRIMINAL LIABILITY, STATUTORY LIABILITY, LIABILITY FOR INJURIES NOT COMPENSATED BY WORKERS' COMPENSATION INSURANCE, OTHER INJURIES OR LOSSES NOT COVERED BY INSURANCE AND LIABILITY ARISING AS A RESULT OF WAIVERS, EXCULPATIONS, DISCLAIMERS OR RELEASES. IF SUCH LIABILITY ARISES BY REASON OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNIFIED PARTY (collectivelyOR INDEMNIFIED PARTIES, “AS THE CASE MAY BE) (HEREINAFTER A "RESPONSIBLE INDEMNIFIED PARTY") THIS INDEMNITY SHALL NOT EXTEND TO ANY SUCH RESPONSIBLE INDEMNIFIED PARTY, BUT SHALL EXTEND TO ALL OTHER INDEMNIFIED PARTIES. (c) Upon Lender's request, and subject to the rights of the Tenant under the Lease and the SNDA and the rights of tenants under the Superior Leases, at any time an Event of Default exists or at such other time as Lender has reasonable grounds to believe that Hazardous Substances are or have been released, stored or disposed of on or around the Mortgaged Property or that the Mortgaged Property may violate the Environmental Laws”) in the use, occupancy Borrower must provide, at Borrower's sole cost and operation expense, an inspection or audit of the PremisesMortgaged Property prepared by a hydrogeologist or environmental engineer or other appropriate consultant approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property or an inspection or audit of the Improvements prepared by an engineering or consulting firm approved by Lender indicating the presence or absence of friable asbestos or substances containing asbestos on the Mortgaged Property. If Borrower fails to provide such inspection or audit within thirty (30) days after such request, Lender may order the same, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and an irrevocable license to undertake such inspection or audit, subject to the rights of the Tenant agrees that no under the Lease and the SNDA, and the tenants under the Superior Leases. Borrower will pay immediately on demand the cost of such inspection or audit, together with interest thereon at the Default Rate from the date incurred by Lender until actually paid by Borrower, and such costs will be secured by the Indenture and by the other Security Documents securing all or any part of the Debt. (d) Without limiting the foregoing, and subject to Tenant's rights under the Lease and the tenants' rights under the Superior Leases, where recommended by a "PHASE I" or "PHASE II" assessment or otherwise required by Lender, Borrower will establish and will comply with an operations and maintenance program relative to the Mortgaged Property, in form and substance acceptable to Lender, prepared by an environmental consultant acceptable to Lender, which program will address any Hazardous Substances (defined belowincluding asbestos containing material or lead based paint) shall that may now or in the future be useddetected on the Mortgaged Property. Without limiting the generality of the preceding sentence, locatedLender may require, subject to Tenant's rights under the Lease and the SNDA and the tenants' rights under the Superior Leases, (a) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify; (b) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters; (c) following any Event of Default or at such time as Lender has reasonable grounds to believe that Hazardous Substances are or have been released, stored or processed disposed of on or around the Premises Mortgaged Property or that the Mortgaged Property may violate the Environmental Laws, then at Borrower's sole expense, supplemental examination of the Mortgaged Property by Tenant consultants specified by Lender; (d) access to the Mortgaged Property, by Lender, its agents or servicer, to review and assess the environmental condition of the Mortgaged Property and Borrower's compliance with any operations and maintenance program; and (e) variation of its agents, employees, contractors, assigns, subtenants, guest or invitees, the operations and no Hazardous Substances will be released or discharged from maintenance program in response to the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated reports provided by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantsuch consultants.

Hazardous Substances. Tenant Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises as a landfill or as a dump for garbage or refuse, and shall complynot permit any hazardous or toxic waste, at its sole cost substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the maintenance or storage of which is prohibited, regulated, or penalized by any local, state, or federal agency, authority, or governmental unit, to be brought onto the Premises or if so brought or found located thereon, shall cause the same to be immediately removed, unless the maintenance, handling, storage, use, treatment, and expense, disposal of same is in full compliance with all lawsapplicable federal, ordinances, orders, rules state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the termination of this Lease. Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises in any manner other than in full compliance with all state, applicable federal, municipal state and other local environmental laws and regulations. If Lessee receives any notice from a governmental agency of violation of any environmental laws and regulations, Lessee shall promptly deliver a copy of such notice to Lessor. In the event of any release of any hazardous or judicial agencies toxic substances, materials or bodies relating to the protection of public healthcontaminants at, safetyon, welfare in, under or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation affecting any portion of the Premises, Lessee shall promptly notify Lessor of such release. Tenant Lessee further covenants and agrees that no Hazardous Substances to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (defined belowincluding, without limitation, attorneys’ and experts’ fees and disbursements) shall which may at any time be usedimposed upon, located, stored incurred by or processed on the Premises by Tenant asserted or awarded against Lessor or arising from or out of any of its agents, employees, contractors, assigns, subtenants, guest hazardous or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste materials or materialscontaminants from all or any portion of the Premises introduced by Lessee (or any person or entity claiming by, any pollutant through or contaminantunder Lessee), including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against : (i) the costs of removal of any and all lossessuch hazardous or toxic substances, liabilities materials or contaminants from all or any portion of the Premises; (includingii) additional costs required to take necessary precautions to protect against the release of such hazardous or toxic substances, but not limited tomaterials or contaminants on, strict liability)in, damagesunder or affecting the Premises into the air, injuriesany body of water, expenses any other public domain or any surrounding areas; and (includingiii) any costs incurred to comply, but not limited toin connection with all or any portion of the Premises with all applicable laws, court costsorders, litigation expensesjudgments and regulations with respect to such hazardous or toxic substances, reasonable attorneys’ fees and costs of settlement materials or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered contaminants introduced by, or asserted againston behalf of Lessee. This indemnity shall survive the expiration or earlier termination of this Lease. In addition, Landlord at the end of the term of this Lease or earlier termination hereof, Lessee, upon request by any personLessor, entity or governmental agency forshall cause, with respect toat Lessee’s expense, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from an environmental study to be conducted of the Premises by a person or firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other such materials have been stored, handled, treated or disposed of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. (a) Landlord hereby represents to Tenant that, as of he date of this Lease, to the Landlord's knowledge, no release, leak, discharge, spill, disposal or emission of Hazardous Substances in violation of Environmental Laws (as hereafter defined) has occurred in, on or about the Real Property, Building or Premises, and that the Real Property, Building and Premises are free of unlawful levels of Hazardous Substances as of the date of this Lease. (b) Landlord shall indemnify and hold harmless the Tenant from any and all claims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the Term from the unlawful presence of Hazardous Substances deposited by Landlord (or by any Person acting on behalf of or with the knowledge and approval of Landlord) in, on or about the Real Property, Building or Premises. (c) Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no permit any Hazardous Substances (defined below) shall to be used, locatedstored,generated or disposed of in, stored on or processed on about the Real Property, Building or Premises by Tenant or any of Tenant, its agents, employees, contractors, assigns, subtenants, guest licensees or invitees. Tenant shall indemnify and hold harmless the Landlord from any and all claims, and no Hazardous Substances will be released damages, fines, judgments, penalties, costs, expenses or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, liabilities (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossessums paid for settlement of claims, liabilities (includingattorneys' fees, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees consultant and costs of settlement expert fees) arising during or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, after the presence in or the escape, leakage, spillage, discharge, emission or release Term from the Premises use, storage, generation or disposal of any Hazardous Substances in violation of Environmental Laws in, on or about the Real Property, Building or Premises by Tenant or any of its Tenant, Tenant's agents, employees, contractors, assignslicensees or invitees or by any Person otherwise acting on behalf of or with the knowledge and approval of Tenant. (d) Notwithstanding anything to the contrary stated hereinabove, subtenants, guest or invitees. Tenant the indemnifications contained in subparagraphs (b) and (c) above shall not be responsible for include any Hazardous Substances located on consequential damages (e.g. loss of rent, use and profits) incurred by either Landlord or Tenant, but shall expressly include, without limitation, any and all costs incurred due to any investigation of the Premises site or any cleanup, removal or restoration mandated by or pursuant to any Environmental Laws. The indemnifications contained herein shall survive any expiration or termination of the Term, but shall terminate three (3) years after any such expiration or termination except with respect to any specific claims which have been given in writing by either party to the other prior to the date Landlord delivers the Premises to Tenantexpiration of said three-year period. (e) As used herein, "Hazardous Substances" means any unlawful substance which is

Hazardous Substances. Tenant shall comply, at its sole cost (a) Lessor represents and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating warrants to Lessee that to the protection best knowledge of public healthLessor, safety, welfare (i) no Hazardous Substance is present on the Premises or the environment soil, surface water or groundwater thereof, (collectivelyii) no underground storage tanks or asbestos-containing building materials are present on the Premises, “and (iii) no action, proceeding or claim is pending or threatened concerning the Premises concerning any Hazardous Substance or pursuant to any Applicable Requirements. (b) Except as provided for in (d) below, Lessee will not, in violation of any Environmental Laws”) in the Law, use, occupancy and operation of generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Premises. Tenant agrees that no Premises or transport to or from the Premises any Hazardous Substances (as defined belowin Section 6.2(a) of this Lease) or allow its employees, agents, contractors, invitees or any other person or entity to do so. (c) Lessee shall surrender the Premises in as good a condition as when received by Lessee, reasonable wear and tear, casualties and condemnation excepted, it being specifically agreed to by Lessor and Lessee that (i) the presence at expiration or termination of this Lease of Hazardous Substances which are generated, released, discharged or disposed of by Lessee on, under or about the Premises shall not be used"reasonable wear and tear" as that term is used in this Lease, located(ii) Lessee shall have no liability or responsibility with respect to any Hazardous Substances that migrate onto the Premises from adjacent or other premises, stored and (iii) Lessee shall have no liability or processed responsibility with respect to any Hazardous Substances that are generated, released, discharged or disposed of on or about the Premises by Tenant Lessor or Elle▇ ▇▇▇ia Company or any of its their agents, employees, contractors, assigns, subtenants, guest contractors or invitees. (d) Lessee may, as required in the conduct of its business and in compliance with all Environmental Laws, use supplies and cleaning agents commonly used in a general office use, oils, solvents, adhesives, paints, and no Hazardous Substances will other materials. All applicable laws regarding the use, storage, and disposal of such materials shall be released or discharged from the Premisescomplied with. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, Upon commencing any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.activity

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no knowingly permit any Hazardous Substances (defined below) shall not ordinarily used by hotels to be used, locatedstored, stored generated, discharged or processed disposed of on or in the Premises Land by Tenant, or Tenant’s subtenants, licensees, agents, employees, contractors or invitees. If Hazardous Substances are used, stored, generated, discharged or disposed of on or in the Land, or if the Land becomes contaminated by Hazardous Substances in any manner during the Term, in each case by Tenant or any of its Tenant’s subtenants, licensees, agents, employees, contractors, assigns, subtenants, guest contractors or invitees, then Tenant shall indemnify, hold harmless and no Hazardous Substances will be released defend Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, losses (including, without limitation, PCB’sdamages due to loss or restriction of rentable or usable space, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensessums paid for settlement of claims, reasonable attorneys’ fees attorney's fees, consultant and costs of settlement expert fees) arising during or judgment), suits after the Term and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or arising as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances such contamination by Tenant or any of its Tenant’s subtenants, licensees, agents, employees, contractors, assigns, subtenants, guest contractors or invitees. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of, or receives notice from any person of the existence of any Hazardous Substance on the Land and such results in contamination, Tenant shall not be responsible for immediately give Notice thereof to Landlord and Tenant shall promptly, at its sole expense, take any Hazardous Substances located on and all necessary actions to return the Premises Land to the condition existing prior to the date Landlord delivers presence of any such Hazardous Substance on the Premises to Land. Tenant's obligations under this section shall survive the expiration or termination of this Lease.

Hazardous Substances. Tenant To the best knowledge of Lessor, except as disclosed to Lessee in writing (a) no Hazardous Substances are present on or about the Premises or the soil, surface water or groundwater thereof, (b) no underground storage tanks or asbestos-containing building materials are present on the Premises, and (c) no action, proceeding or claim is pending or threatened regarding the Premises concerning any Hazardous Substances or pursuant to any law. Lessor has delivered to Lessee all reports and environmental assessments of the Premises conducted at the request of or otherwise available to Lessor. Under no circumstance shall complyLessee be liable for, at and Lessor shall indemnify, defend with counsel reasonably acceptable to Lessee, protect and hold harmless Lessee, its sole cost employees, agents, contractors, stockholder, directors, officers, subtenants, successors, representatives, and expenseassigns from and against, all claims, losses, costs, damages, liabilities, and expenses (including attorneys' and consultants' fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Substances present prior to the Commencement Date on or about the Premises or the soil, air, improvements, groundwater or surface water thereof, or the violation of any law relating to any such Hazardous Substance, except to the extent that any of the foregoing actually results from the occupancy of the Premises by Lessee or its agents or employees in violation of Applicable Requirements. Lessee's obligation to comply with all lawsApplicable Requirements shall not include the obligation to take action required by any Applicable Requirements governing any Hazardous Substance not brought onto the Premises by Lessee, ordinancesits agents, ordersguests, rules and regulations of all state, federal, municipal and other governmental invitees or judicial agencies employees or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, any Hazardous Substance condition that does not result from Lessee's occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant Lessor represents and warrants to Lessee that as of the date hereof and as of the Commencement Date (a) it has not received notification of any kind from any regulatory agency stating that the Property is or may be targeted for a federal or state Hazardous Substances cleanup or may be contaminated with any Hazardous Substances, and (b) Lessor has no actual knowledge of a release of any Hazardous Substances on the Property. "Hazardous Substances" shall complymean any substances designated as, at its sole cost and expenseor containing components designated as, with all lawshazardous, ordinancesdangerous, orders, rules and regulations of all state, toxic or harmful or which are subject to regulation by any federal, municipal state or local law, regulation, statute or ordinance. Lessor shall indemnify, defend, and other governmental hold Lessee harmless from and against any and all loss, damage, claims, penalties, liabilities, suits, costs and expenses (including, without limitation, reasonable attorneys' fees and also including, without limitation, cost of remedial action or judicial agencies cleanup), suffered or bodies relating incurred by Lessee arising out of or related to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation disposal, transportation, generation or sale of Hazardous Substances in or about the Property or the breach of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantabove representation, including, without limitation, PCB’sany such matter suffered or incurred arising out of the matters described in the Level I Site Assessment for the "Evan▇ ▇▇▇perty" prepared for Network Real Estate Services (W-6661) by Ritt▇▇▇▇▇▇▇ ▇▇▇a▇ ▇▇▇ed February, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that 1990. This indemnity shall not apply to Hazardous Substances which are now or hereafter included placed on, under or regulated in the Property by any Environmental Laws Lessee, its employees, agents, licensees, contractors or that would pose a healthinvitees or Hazardous Substances which are placed on, safety under or environmental hazard. Tenant hereby agrees to indemnifyin the Property after the Commencement Date and before Lessee vacates the Premises (unless placed on, defend and hold harmless Landlord from and against any and all lossesunder, liabilities (includingor in the Property by Lessor, but not limited toits employees, strict liabilityagents, contractors, licensees or invitees), damagesand Lessee shall hold harmless, injuriesprotect, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees indemnify and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, defend Lessor with respect to, or as a direct or indirect result of, thereto. Lessee covenants and agrees with Lessor that Lessee will not permit the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises use of any Hazardous Substances by Tenant or Substance in connection with any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located activities on the Premises prior Property except in strict accordance with all the requirements of all applicable laws, rules, regulations and ordinances, and Lessee agrees to the date Landlord delivers the Premises hold harmless, protect, indemnify and defend Lessor with respect to Tenantany breach of this covenant and agreement.

Hazardous Substances. Tenant (a) Lessee shall complynot use nor allow the Premises to be used for the Release (as defined below), at its sole cost generation, transportation, storage, use, treatment, disposal or other handling ("Management") of any Hazardous Substance, except (i) in the ordinary course of operations, (ii) in full compliance with applicable federal, state and expense, with all lawslocal environmental statutes, ordinances, rules, regulations, codes, orders, rules ordinances, Environmental Permits (as defined below), notice and regulations consent or settlement agreements in effect at any time during the term of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment this Lease (collectively, “"Environmental Laws”"), and (iii) with the prior written consent of Lessor. Lessee shall not implement any modifications of current operations or activities or implement any new operations or activities at the Premises that materially change the type or quantity of, or manner in the use, occupancy and operation of the Premises. Tenant agrees that no which Hazardous Substances (defined below) shall be used, located, stored are Managed or processed on Released at the Premises by Tenant or any of without Lessor's prior written consent. (b) Lessee shall comply with and will cause its agents, representatives, invitees, employees, contractorssubtenants of Lessee or any other occupant to comply with all Environmental Laws applicable to the Premises, assigns, subtenants, guest or invitees, and no the Release or Management of Hazardous Substances will be released at, on, about or discharged from the Premises or the Lessee's use, operations or activities at the Premises. The term “Hazardous Substances” . (c) Lessee shall mean obtain in its own name any and include all hazardous environmental permits, certificates, licenses, approvals, registrations and authorizations ("Environmental Permits") required by Environmental Laws for the Premises and the conduct of its operations or activities at the Premises, maintain all such Environmental Permits in full force and effect, timely file all renewal applications and remain in compliance with all such Environmental Permits. (d) To the extent required by and within the time period required by Environmental Laws, Lessee shall report any release, spill, leak, discharge, disposal, pumping, pouring, emission, emptying, injecting, leaching, dumping escaping or threat thereof ("Release") of any hazardous, toxic substancesor polluting substance, waste or materialsmaterial, any pollutant or contaminant, contaminant including, without limitation, PCB’spetroleum or petroleum products, asbestos asbestos, PCBs or radioactive materials ("Hazardous Substance") at, on, from or affecting the Premises first arising after the Effective Date during the term of the Lease (or arising, directly or indirectly, from Lessee's or its affiliates' use of the Premises prior to the Effective Date) to the appropriate governmental authorities and raw materials immediately provide notice of such Release to Lessor including a description of measures taken or proposed to be taken by Lessee to respond to such Release. To the extent that include hazardous constituents investigation, remedial action or any other similar substances or materials that are now or hereafter included under or regulated response action ("Response Action") is required by any Environmental Law for such a Release, Lessee shall promptly undertake such action to the extent required by applicable Environmental Laws and to the extent necessary so as not to materially effect the condition, use, value, operations or that would pose a health, safety or environmental hazard. Tenant hereby agrees to possession of the premises and shall indemnify, defend and hold Lessor harmless Landlord with respect thereto and for any damage to property, person, and/or the environment. (e) Lessee will promptly notify Lessor of any known Release of Hazardous Substances at, on, from or affecting the Premises, including any Release caused by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants or trespassers (which Release is not made pursuant to and against in conformance with the terms of an Environmental Permit) regardless of whether such Release first occurred prior to or after the Effective Date and of any non-routine governmental filings made or notices received from any governmental authority or private party during the Lease Term and relating to environmental matters or conditions at or in the vicinity of the Premises. (f) If Lessor reasonably believes Lessee is in breach of any of the covenants in Section 5.4 of this Lease, Lessor may upon notice to Lessee request an independent engineer or other qualified consultant or expert acceptable to Lessor, to conduct, at Lessee's expense, an environmental assessment of the Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Lessor, and all lossesof the engineer's, liabilities (includingconsultant's, but not limited to, strict liabilityor expert's work product shall be made available to Lessor. Notwithstanding Lessee's obligations under this Section 5.4(f), damagesLessor, injuriesin its sole discretion, expenses may conduct environmental assessments of the Premises at any time. (includingg) At Lessor's request from time to time, but not limited toLessee shall execute affidavits, court costsrepresentations and the like concerning Lessee's knowledge and belief regarding the presence of Hazardous Substances at, litigation expenseson, about or from the Premises. (h) Lessee shall reimburse Lessor, upon demand, the reasonable attorneys’ fees and costs of settlement or judgment), suits and claims cost of any and every kind whatsoever paidtesting for the purpose of ascertaining if there has been any Release of Hazardous Substances at, incurred on, about or suffered byfrom the Premises, or asserted against, Landlord if such testing is required by any persongovernmental agency, entity applicable Environmental Laws or governmental agency forLessor's Mortgagee. (i) Lessee shall, with respect toupon expiration of this Lease, or surrender the Premises to Lessor in the same relative condition as a direct or indirect result ofwhen Lessee leased the Premises, including without limitation, free from the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances used by Tenant or any of Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants (other than Lessor, its agents, representatives, invitees or employees, contractors, assigns, subtenants, guest ) or invitees. Tenant trespassers or any existing conditions aggravated by the acts or omissions of Lessee (and not resulting from the negligent acts of the Lessor). (j) Lessee shall not be responsible for all regulatory requirements in connection with any storage tanks, asbestos or asbestos containing materials, polychlorinated biphenyls, and Hazardous Substances located at, on or about the Premises Premises. (k) Lessor and Lessee shall reasonably cooperate in connection with any Response Actions to be conducted at, on or about the Premises, including but not limited to keeping the other reasonably informed of such Response Actions and executing any necessary documents or consents required to be executed in connection thereto. Lessee will notify Lessor, and provide Lessor the opportunity to attend, all meetings with applicable authorities in connection with any suggested, threatened or pending Response Action, and Lessor shall have the right to approve in advance all proposed Response Actions. Lessor will, when reasonable under the circumstances, notify Lessee prior to commencing Response Actions required to be performed by Lessor and shall minimize, to the date Landlord delivers extent reasonably possible, interference with Lessee's operations or activities at the Premises Premises. To the extent permitted by the Environmental Laws, Lessee shall allow Lessor to Tenantutilize Lessee's Environmental Permits to implement Response Actions at, on or about the Premises.

Hazardous Substances. Tenant shall complyLessee covenants and warrants that it will not engage in or permit any person or entity to engage in any transportation, at its sole cost and expensestorage, with all lawsplacement, ordinanceshandling, orderstreatment, rules and regulations of all statedischarge, federalgeneration, municipal and other governmental production, or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment disposal (collectively, “Environmental Laws”‘Treatment’) of any hazardous substance on or which affects the premises, the Building of which it is a part, or the underlying real estate ground and ground water in the useviolation of any application law, occupancy statute, ordinance, rule, or regulation. Lessee hereby agrees it will indemnify defend, save and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedhold harmless Lessor and Lessor’s employees, located, stored or processed on the Premises by Tenant or any of its agents, employeesand their respective heirs, contractors, assigns, subtenants, guest or inviteessuccessors, and no Hazardous Substances will be released or discharged from assigns (collectively, the Premises. The term “Hazardous Substances” shall mean ‘Lessee’s Indemnities’) against and include all hazardous from, and toxic substances, waste or materialsto reimburse the Lessee’s Indemnities with respect to, any pollutant or contaminantand all damages, includingclaims, liabilities, losses, costs, and expenses (including without limitation, PCB’sall attorney’s fees and expenses, asbestos court costs, administrative costs, and raw materials costs of appeals), incurred by or asserted against the Lessee’s Indemnities by reason or arising out of the breach of any representation or undertaking of Lessee under this Paragraph 30 of this Lease. Lessor warrants that include hazardous constituents or to the best of its knowledge, information, and belief the premises, the building of which it is a part, and the underlying real estate ground and ground water do not contain any, nor are they affected by any, such waste, nor has it received notification from any other similar substances or materials agency that are now or hereafter included under or regulated by any Environmental Laws or that would pose the premises, the building of which it is a health, safety or environmental hazardpart and the underlying real estate ground and ground water has been targeted for a Superfund clean up. Tenant hereby Lessor agrees to indemnify, defend defend, save, and hold harmless Landlord Lessee, its directors, officers, shareholders, employees, attorneys, insurers, agents, and their respective heirs, successors, and assigns (collectively, the ‘Lessor’s Indemnities) from and against against, and to reimburse the Lessor’s Indemnities with respect to, any and all lossesclaims, liabilities (including, but not limited to, strict liability)liabilities, damages, injurieslosses, and expenses (including, but not limited to, all attorneys, fees, consulting fees, administrative costs, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement appeals) incurred by or judgmentasserted against the Lessor’s Indemnities by reason of, arising out of, or resulting from the presence or suspected presence of any waste on the premises, the building of which it is a part, or the underlying real estate ground and ground water. As used herein, ‘Hazardous Substance’ shall have the same meaning as that term or the term ‘Hazardous Materials’ or the term ‘Hazardous Waste’ is defined by any law, statute, ordinance, rule, or regulatory authority, and including, but not limited to, petroleum products, radioactive wastes, polychlorinated biphenyls, and asbestos (collectively, ‘waste’), suits but will not include body fluids received for medical testing, provided Lessee’s storage and claims disposal of any fluids complies with KRS chapter 24 and every kind whatsoever paidall applicable regulations promulgated thereunder. The provision, incurred or suffered bycovenants, and warranties in this Paragraph 31 will survive the termination, cancellation, modification, rescission, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises expiration of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant Debtor hereby agrees to indemnify, defend pay and hold Secured Party, and the officers, directors, employees, attorneys, agents and affiliates of Secured Party (Indemnitees) harmless Landlord from and against any and all lossesliabilities, liabilities (including, but not limited to, strict liability)claims, damages, injuriesfines, expenses penalties, liens, expenditures, costs, fees (including attorneys' fees), losses and charges including, but not limited without limitation, all costs of investigation, monitoring, legal representation, remedial response, removal, restoration or permit acquisition, which may now or in the future be undertaken, suffered, paid, awarded, assessed or otherwise incurred by or asserted against any of the Indemnitees as a result of or related to, court costseither directly or indirectly, litigation expensesthe improper use of wetlands; noise; solid, reasonable attorneys’ fees and costs liquid or gaseous waste generation, release, or other management activities; the presence or suspected presence of, Release (as defined below) of settlement or judgment), suits and claims threatened Release of any and every kind whatsoever paidHazardous Substances (as defined below) on, incurred in, under or suffered near any property or improvements thereon, owned, leased or operated by Debtor, regardless of whether or not caused by, or asserted against, Landlord within the control of Debtor and regardless of whether caused in whole or in part by any personIndemnitees' negligence. The obligations of Debtor under this paragraph 9 shall survive foreclosure (or its equivalents), entity repayment of the Indebtedness and termination of this Agreement and shall not be reduced or governmental agency forimpaired by any investigation made by or on behalf of any of the Indemnitees. For the purposes of this Paragraph 9, with respect to(i) "Hazardous Substances" means, without limitation, any explosives, radon, radioactive materials, asbestos, urea formaldehyde, foam insulation, polychlorinated biphenyls, petroleum oil, or fractions thereof, methane, "hazardous materials" as defined by or listed pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., hazardous wastes, hazardous or toxic substances or any other material defined as a hazardous substance in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq., or as a direct hazardous or indirect result oftoxic substance or other contaminant under applicable state or local law, regulation or ordinance; and (ii) "Release" has the presence same meaning as given to that term in Section 10l(22) of such Act and the regulations promulgated thereunder. Debtor shall bear the burden of proof by preponderance of the evidence that the indemnification contained in this Guaranty is inapplicable to any claim or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantassertion made hereunder.

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw. Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 12 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 12 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 13 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw. Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 11 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 11 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 12 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.