Common use of Environmental Considerations Clause in Contracts

Environmental Considerations. 6.17.1 The Tenant must not at any time cause or allow any Hazardous Substance to be generated, created, used, stored, treated, transferred, transported or disposed of on the Land or Building except in compliance with all Laws and the Tenant’s Environmental Management Plan and shall not use the Premises in any manner which, in whole or in part, would cause the Land to be a contaminated site or similar designation under any Law. 6.17.2 Prior to the Commencement Date, the Tenant shall prepare and deliver to the Landlord the Tenant’s Environmental Management Plan. 6.17.3 The Tenant shall provide the Landlord with a copy of any Tenant Protocol required by the Tenant’s Environmental Management Plan. 6.17.4 If there is a Release of a Hazardous Substance on or about the Premises as a result of an act or omission of the Tenant, the Tenant will follow the remedial procedures set out in the applicable Tenant Protocol. If the Release has the potential to Pollute the Land or poses a risk to persons in or about the Land, the Tenant will forthwith notify the Landlord of the Release and the remedial action being taken by the Tenant. 6.17.5 Within 60 days of each anniversary of the Commencement Date during the Term and within 60 days of the expiry of the Term, the Tenant will cause an Audit to be performed and deliver a copy of that Audit to the Landlord. If the Audit includes remedial measures to be followed by the Tenant to ensure future compliance with the Tenant Protocols, the Tenant will be obliged to enact such remedial measures. 6.17.6 The Tenant shall be responsible at its sole expense for remediation of any Pollution of the Land or Building caused by a Release by the Tenant of a Hazardous Substance. The Tenant will indemnify and save harmless the Landlord from any cost, damage, loss or liability reasonably incurred, or suffered, by the Landlord as a result or in respect of any Pollution of the Land or Building caused by the Tenant. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.7 The Landlord will indemnify and save harmless the Tenant from any cost, damage, loss or liability reasonably incurred, or suffered, by the Tenant as a result or in respect of any Existing Pollution. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.8 If there is an intermingling of Pollution caused by the Tenant and Existing Pollution, the Landlord and the Tenant will share the costs of remediating such intermingled Pollution based on a reasonable allocation determined in accordance with the allocation principals in the Waste Management Act. 6.17.9 If the Landlord is required by any Authority to determine whether the Land and Building are Polluted or to take Remedial Action regarding Pollution of the Land or Building: (a) the Landlord shall notify the Tenant and provide it with a copy of all materials received from the Authority with respect to the Pollution and Remedial Work; (b) the Landlord and the Tenant, each acting reasonably, shall cooperate with each other to challenge any aspect of the order of the Authority which either party reasonably believes is incorrect or unjustified and to negotiate with the Authority Remedial Action that is acceptable to the Landlord and the Tenant, each acting reasonably; (c) if the Pollution has been caused by the Tenant, the Tenant shall take any Remedial Action which the Authority ultimately requires be taken; and (d) if the Pollution has not been caused by the Tenant, the Landlord shall take any Remedial Action which the Authority ultimately requires be taken. 6.17.10 If the Landlord is required by any Authority to take Remedial Action regarding Pollution of the Land or Building not caused by the Tenant, the Landlord or its respective employees and agents may enter the Premises and may: (a) perform any audits, investigations and surveys the Landlord or any Authority considers necessary to determine better the nature and extent of the Pollution and the necessary Remedial Action, and (b) take any Remedial Action any Authority requires be taken and the Tenant must permit the Landlord, its employees and agents including the Landlord’s Consultant to have that access to the Premises which is reasonably necessary in the opinion of the Landlord to enable it to comply with the requirements of any Authority and to take Remedial Action, provided that the Landlord will take all reasonable steps to minimize the effect of such work on the Tenant and its business. The Landlord shall not enter the Premises for any such purpose without providing at least 48 hours written notice and specifying a particular time when it proposes to enter the Premises so that the Tenant may arrange any appropriate escort. The provisions of section 7.7 of this Lease shall apply to any entry into the Premises permitted by this section 6.17.10. 6.17.11 The Tenant shall cooperate with the Landlord in the provision of such information at the times and in the form required by the Landlord, acting reasonably, to ensure the, proper monitoring and supervision of the Land and Building with respect to Pollution. 6.17.12 At the expiry or earlier termination of this Lease the Tenant shall remove at its sole cost and expense any Hazardous Substances which the Tenant has stored within the Premises.

Environmental Considerations. 6.17.1 16.1 The Tenant must not at any time cause or allow any Hazardous Substance to be generated, created, used, stored, treated, transferred, transported or disposed of on the Land or Building Premises except in compliance with all Laws and the Tenant’s 's Environmental Management Plan and shall not use the Premises in any manner which, in whole or in part, would cause the Land to be a contaminated site or similar designation under any Law. 6.17.2 16.2 Prior to the Commencement Date, the Tenant shall prepare and deliver to the Landlord the Tenant’s 's Environmental Management Plan. 6.17.3 16.3 The Tenant shall provide the Landlord with a copy of any Tenant Protocol required by the Tenant’s 's Environmental Management Plan. 6.17.4 16.4 If there is a Release of a Hazardous Substance on or about the Premises as a result of an act or omission of the Tenant, the Tenant will follow the remedial procedures set out in the applicable Tenant Protocol. If the Release has the potential to Pollute the Land or poses a risk to persons in or about the Land, the Tenant will forthwith notify the Landlord of the Release and the remedial action being taken by the Tenant. 6.17.5 Within 16.5 If the Landlord (acting reasonably) has reason to believe that the Tenant has caused any Release of a Hazardous Substance on or about the Premises, and in any event within 60 days of each the second and every alternate anniversary of the Commencement Date during the Term and any renewal thereof, if requested by the Landlord in writing, and within 60 days of the expiry of the Term, the Tenant will cause an Audit to be performed and deliver a copy of that Audit of the Premises to the Landlord. If the Audit includes remedial measures to be followed by the Tenant to ensure future compliance with the Tenant Protocols, the Tenant will be obliged to enact such remedial measures. 6.17.6 16.6 The Tenant shall be responsible at its sole expense for remediation of any Pollution of the Land or Building caused by a Release by the Tenant of a Hazardous Substance. The Tenant will indemnify and save harmless the Landlord from any cost, damage, loss or liability reasonably incurred, or suffered, by the Landlord as a result or in respect of any Pollution of the Land or Building caused by the Tenant. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.7 16.7 The Landlord shall be responsible at its sole expense for remediation of any Existing Pollution, in a reasonable and timely manner and the Tenant shall promptly notify the Landlord of the presence of any Existing Pollution in the Premises of which it is aware. The Landlord will indemnify and save harmless the Tenant from any cost, damage, loss or liability reasonably incurred, or suffered, by the Tenant as a result or in respect of any Existing Pollution. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.8 16.8 If there is an intermingling of Pollution caused by the Tenant and Existing Pollution, the Landlord and the Tenant will share the costs of remediating such intermingled Pollution based on a reasonable allocation determined in accordance with the allocation principals principles in the Waste Management Act. 6.17.9 16.9 If the Landlord is required by any Authority to determine whether the Land and Building are Polluted or to take Remedial Action regarding Pollution of the Land or Building: (a) the Landlord shall notify the Tenant and provide it with a copy of all materials received from the Authority with respect to the Pollution and Remedial Work; (b) the Landlord and the Tenant, each acting reasonably, shall cooperate with each other to challenge any aspect of the order of the Authority which either party reasonably believes is incorrect or unjustified and to negotiate with the Authority Remedial Action that is acceptable to the Landlord and the Tenant, each acting reasonably; (c) if the Pollution has been caused by the Tenant, the Tenant shall take any Remedial Action which the Authority ultimately requires be taken; and (d) if the Pollution has not been caused by the Tenant, the Landlord shall take any Remedial Action which the Authority ultimately requires be taken. 6.17.10 16.10 If the Landlord is required by any Authority to take Remedial Action regarding Pollution of the Land or Building not caused by the Tenant, the Landlord or its respective employees and agents may enter the Premises and may: (a) perform any audits, investigations and surveys the Landlord or any Authority considers necessary to determine better the nature and extent of the Pollution and the necessary Remedial Action, ; and (b) take any Remedial Action any Authority requires be taken and the Tenant must permit the Landlord, its employees and agents including the Landlord’s 's Consultant to have that access to the Premises which is reasonably necessary in the opinion of the Landlord to enable it to comply with the requirements of any Authority and to take Remedial Action, provided that the Landlord will take all reasonable steps to minimize the effect of such work on the Tenant and its business. The Landlord shall not enter the Premises for any such purpose without providing at least 48 hours hours' written notice and specifying a particular time when it proposes to enter the Premises so that the Tenant may arrange any appropriate escort. The provisions of section 7.7 of this Lease shall apply to any entry into the Premises permitted by this section 6.17.10. 6.17.11 The Tenant shall cooperate with the Landlord in the provision of such information at the times and in the form required by the Landlord, acting reasonably, to ensure the, proper monitoring and supervision of the Land and Building with respect to Pollution. 6.17.12 At the expiry or earlier termination of this Lease the Tenant shall remove at its sole cost and expense any Hazardous Substances which the Tenant has stored within the Premises.it

Environmental Considerations. 6.17.1 15.1 The Landlord, at its cost, has caused the Consultant to perform the Audit. 15.2 The Tenant hereby releases the Landlord and Head Landlord from and in respect of any cost, expense, damage, loss or liability which may be incurred or suffered by the Tenant, its employees or agents in connection with the: (a) need for the Tenant to take any Remedial Action and the taking of Remedial Action as a result of Additional Pollution, or (b) the effect of Additional Pollution on the health or the property of any Persons, (c) interference with the Research Activity of the Tenant by any cause whatsoever, except to the extent that any such cost, expense, damage, loss or liability was caused or contributed to by the Landlords’ or Head Landlord’s negligent or willful act or default as the case may be. 15.3 The Tenant shall take all necessary precautions so as to ensure that the Lands and Building and any areas surrounding the Lands and Building do not and are not likely to become Pollute d by any Additional Pollution by virtue of any action or lack of action by the Tenant and the Tenant agrees to indemnify and save harmless the Landlord and Head Landlord for any cost, damage, loss or liability incurred or suffered by either of them, or their respective officers, directors, trustees, governors, employees or agents in respect of any Additional Pollution of the Lands and Building and any area or areas surrounding the Lands and Building and also any Pollution of the same caused or contributed to by the Tenant, its officers, directors, employees, invitees or licensees. This indemnity shall survive the expiry or earlier termination of this Sub-Lease. 15.4 The Tenant must use the Premises only as provided under Article 9 and must not at any time cause or allow any Hazardous Substance Special Waste to be generated, created, used, stored, treated, transferred, transported or disposed of on the Land Lands or Building except in compliance with all Laws and the Tenant’s Environmental Management Plan and shall not use the Premises in any manner which, in whole or in part, would cause the Land to be a contaminated site or similar designation under any LawLaws. 6.17.2 Prior 15.5 The Tenant shall conform to the Commencement Dateprocedures adopted by the Landlord from time to time for the management of risks associated with environmental contaminants, including without limiting the generality of the foregoing, conducting or participating in the conduct of inspections and audits of environmental matters to confirm compliance with the requirements of this Sub-Lease, adopting and following reasonable plans for the proper handling and storage of contaminants, maintaining records of storage and use of contaminants, notifying the Landlord of any changes in storage or handling of contaminants and providing to the Landlord all reports as required from time to time. In particular, and without limiting the generality of the foregoing, the Tenant shall prepare comply with the safety and deliver security policies and procedures adopted by the Landlord from time to time with respect to the Landlord the Tenant’s Environmental Management Plan. 6.17.3 use, transport, handling and disposal of Substances. The Tenant shall provide immediately remedy any failure of the Tenant to comply with the provisions of this Article 15. If the Tenant has Substances on the Premises that are required by applicable laws or by the rules and regulations of the Landlord to be designated as hazardous or to have warnings attached to the same, or to otherwise be specially handled, the Tenant shall comply with the requirements of all such applicable laws and the rules and regulations of the Landlord with a copy respect to the storage, use and handling of such Substances, and the provision of all warning labels. 15.6 If the Lands or Building are found to be Polluted by any Tenant Protocol required Additional Pollution, or by Pollution caused or contributed to by the Tenant’s Environmental Management Plan. 6.17.4 If there is a Release of a Hazardous Substance on or about the Premises as a result of an act or omission of the Tenant, the Tenant will follow the remedial procedures set out in the applicable Tenant Protocol. If the Release has the potential to Pollute the Land or poses a risk to persons in or about the Land, the Tenant will forthwith notify the Landlord of the Release and the remedial action being taken by the Tenant. 6.17.5 Within 60 days of each anniversary of the Commencement Date during the Term and within 60 days of the expiry of the Term, the Tenant will cause an Audit to be performed and deliver a copy of that Audit to the Landlord. If the Audit includes remedial measures to be followed by the Tenant to ensure future compliance with the Tenant Protocols, the Tenant will be obliged to enact such remedial measures. 6.17.6 The Tenant shall be responsible at its sole expense for remediation of any Pollution of the Land or Building caused by a Release by the Tenant of a Hazardous Substance. The Tenant will indemnify and save harmless the Landlord from any cost, damage, loss or liability reasonably incurred, or suffered, by the Landlord as a result or in respect of any Pollution of the Land or Building caused by the Tenant. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.7 The Landlord will indemnify and save harmless the Tenant from any cost, damage, loss or liability reasonably incurred, or suffered, by the Tenant as a result or in respect of any Existing Pollution. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.8 If there is an intermingling of Pollution caused by the Tenant and Existing Pollution, the Landlord and the Tenant will share the costs of remediating such intermingled Pollution based on a reasonable allocation determined in accordance with the allocation principals in the Waste Management Act. 6.17.9 If the Landlord is required by any Authority to determine whether the Land Lands and Building are Polluted or to take Remedial Action regarding Pollution of the Land Landlord or BuildingHead Landlord may: (a) cause the Landlord shall notify the Tenant and provide it with Consultant to perform a copy of all materials received from the Authority with respect to the Pollution and Remedial Work;Further Audit, (b) notify the Tenant of the nature and extent of the Pollution and any Remedial Action the Consultant considers reasonably necessary or which any Authority requires be taken or both or which has already been performed where an emergency existed and any Authority required the Landlord and the Tenant, each acting reasonably, shall cooperate with each other or Head Landlord to challenge any aspect of the order of the Authority which either party reasonably believes is incorrect or unjustified and to negotiate with the Authority take Remedial Action that is acceptable to the Landlord and the Tenant, each acting reasonably;immediately, (c) if the Pollution has been caused by the Tenant, the Tenant shall take any Remedial Action which the any Authority ultimately requires be taken; and, or (d) if require the Tenant to take any Remedial Action which any Authority requires be taken with regard to such Pollution has not been caused including Remedial Action which must be taken immediately where an emergency exists and any Authority requires Remedial Action to be taken immediately; and the Tenant must permit the Landlord, the Head Landlord, their respective employees and agents including the Consultant to have that access to the Premises which is reasonably necessary to enable the Landlord and Head Landlord to comply with the requirements of any Authority and to take Remedial Action. After request by the Tenant, the Landlord shall take must provide the Tenant with a copy of the results of the Further Audit. The Tenant within 10 days, after demand by the Landlord, must pay the Landlord the amount allocated to the Tenant by the Landlord, acting reasonably, of the costs of a Further Audit performed under this clause 15.6 and of any Remedial Action which any Authority required the Authority ultimately requires be takenLandlord or Head Landlord to take to the extent that the Remedial Action was in respect of Additional Pollution or by Pollution in either case caused or contributed to by the Tenant, its officers, directors, employees, invitees, licensees, assigns or subtenants. 6.17.10 15.7 If the Landlord or Head Landlord is required by any Authority to take Remedial Action regarding Pollution of the Land or Building not caused by the TenantExisting Pollution, the Landlord or its Head Landlord or their respective employees and agents may enter the Premises and may: (a) perform any audits, investigations and surveys the Landlord or any Authority considers necessary to determine better the nature and extent of the Existing Pollution and the necessary Remedial Action, and (b) take any Remedial Action any Authority requires be taken and the Tenant must permit the Landlord, its employees and agents including the Landlord’s Consultant to have that access to the Premises which is reasonably necessary in the opinion of the Landlord to enable it to comply with the requirements of any Authority and to take Remedial Action, provided that . 15.8 From time to time during the Term and not less than 90 days before expiry of the Term or promptly after the sooner termination of this Sub-Lease the Landlord will take shall cause the Consultant to perform a Further Audit. The Tenant shall provide access to the Premises as required by the Landlord or the Consultant for the purpose of all reasonable steps inspections and testing. As part of the Further Audit the Consultant must be instructed to minimize provide: (a) a detailed estimate of the effect cost of Remedial Action to remediate the Lands and Building which were attributable to any Additional Pollution from the Premises or the Tenant, its officers, directors, employees, invitees, licensees, assigns or subtenants; and (b) a program of Remedial Action necessary to remediate any such Additional Pollution. The Tenant at its cost, shall be required to undertake immediately and complete without delay the program of Remedial Action and failing which the Landlord may remediate any such Additional Pollution in accordance with that program of Remedial Action and the Tenant shall within 10 days after demand by the Landlord pay the Landlord the amount which is equal to the actual cost to the Landlord of a Further Audit performed and if the Landlord remediates, pay to the Landlord the costs of any Remedial Action carried out pursuant to this clause in respect of such work on the Tenant and its business. The Landlord shall not enter the Premises for any such purpose without providing at least 48 hours written notice and specifying a particular time when it proposes to enter the Premises so that the Tenant may arrange any appropriate escort. The provisions of section 7.7 of this Lease shall apply to any entry into the Premises permitted by this section 6.17.10Additional Pollution. 6.17.11 15.9 The Tenant shall cooperate with the Landlord in the provision of such information at the times and in the form required by the LandlordLandlord (which may include conducting tests, all investigations and the review of records of the Tenant), acting reasonably, to ensure the, the proper monitoring and supervision of the Land Lands and Building with respect to Pollution. 6.17.12 At the expiry or earlier termination of this Lease the Tenant shall remove at its sole cost and expense any Hazardous Substances which the Tenant has stored within the Premises.

Environmental Considerations. 6.17.1 15.1 The Landlord, at its cost, has caused the Consultant to perform the Audit. 15.2 The Tenant hereby releases the Landlord and Head Landlord from and in respect of any cost, expense, damage, loss or liability which may be incurred or suffered by the Tenant, its employees or agents in connection with the: (a) need for the Tenant to take any Remedial Action and the taking of Remedial Action as a result of Additional Pollution, or (b) the effect of Additional Pollution on the health or the property of any Persons, (c) interference with the Research Activity of the Tenant by any cause whatsoever, except to the extent that any such cost, expense, damage, loss or liability was caused or contributed to by the Landlords' or Head Landlord's negligent or wilful act or default as the case may be. 15.3 The Tenant shall take all necessary precautions so as to ensure that the Lands and Building and any areas surrounding the Lands and Building do not and are not likely to become Polluted by any Additional Pollution by virtue of any action or lack of action by the Tenant and the Tenant agrees to indemnify and save harmless the Landlord and Head Landlord for any cost, damage, loss or liability incurred or suffered by either of them, or their respective officers, directors, trustees, governors, employees or agents in respect of any Additional Pollution of the Lands and Building and any area or areas surrounding the Lands and Building and also any Pollution of the same caused or contributed to by the Tenant, its officers, directors, employees, invitees or licensees. This indemnity shall survive the expiry or earlier termination of this Sub-Lease. 15.4 The Tenant must use the Premises only as provided under Article 9 and must not at any time cause or allow any Hazardous Substance Special Waste to be generated, created, used, stored, treated, transferred, transported or disposed of on the Land Lands or Building except in compliance with all Laws and the Tenant’s Environmental Management Plan and shall not use the Premises in any manner which, in whole or in part, would cause the Land to be a contaminated site or similar designation under any LawLaws. 6.17.2 Prior 15.5 The Tenant shall conform to the Commencement Dateprocedures adopted by the Landlord from time to time for the management of risks associated with environmental contaminants, including without limiting the generality of the foregoing, conducting or participating in the conduct of inspections and audits of environmental matters to confirm compliance with the requirements of this Sub-Lease, adopting and following reasonable plans for the proper handling and storage of contaminants, maintaining records of storage and use of contaminants, notifying the Landlord of any changes in storage or handling of contaminants and providing to the Landlord all reports as required from time to time. In particular, and without limiting the generality of the foregoing, the Tenant shall prepare comply with the safety and deliver security policies and procedures adopted by the Landlord from time to time with respect to the Landlord the Tenant’s Environmental Management Plan. 6.17.3 use, transport, handling and disposal of Substances. The Tenant shall provide immediately remedy any failure of the Tenant to comply with the provisions of this Article 15. If the Tenant has Substances on the Premises that are required by applicable laws or by the rules and regulations of the Landlord to be designated as hazardous or to have warnings attached to the same, or to otherwise be specially handled, the Tenant shall comply with the requirements of all such applicable laws and the rules and regulations of the Landlord with a copy respect to the storage, use and handling of such Substances, and the provision of all warning labels. 15.6 If the Lands or Building are found to be Polluted by any Tenant Protocol required Additional Pollution, or by Pollution caused or contributed to by the Tenant’s Environmental Management Plan. 6.17.4 If there is a Release of a Hazardous Substance on or about the Premises as a result of an act or omission of the Tenant, the Tenant will follow the remedial procedures set out in the applicable Tenant Protocol. If the Release has the potential to Pollute the Land or poses a risk to persons in or about the Land, the Tenant will forthwith notify the Landlord of the Release and the remedial action being taken by the Tenant. 6.17.5 Within 60 days of each anniversary of the Commencement Date during the Term and within 60 days of the expiry of the Term, the Tenant will cause an Audit to be performed and deliver a copy of that Audit to the Landlord. If the Audit includes remedial measures to be followed by the Tenant to ensure future compliance with the Tenant Protocols, the Tenant will be obliged to enact such remedial measures. 6.17.6 The Tenant shall be responsible at its sole expense for remediation of any Pollution of the Land or Building caused by a Release by the Tenant of a Hazardous Substance. The Tenant will indemnify and save harmless the Landlord from any cost, damage, loss or liability reasonably incurred, or suffered, by the Landlord as a result or in respect of any Pollution of the Land or Building caused by the Tenant. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.7 The Landlord will indemnify and save harmless the Tenant from any cost, damage, loss or liability reasonably incurred, or suffered, by the Tenant as a result or in respect of any Existing Pollution. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.8 If there is an intermingling of Pollution caused by the Tenant and Existing Pollution, the Landlord and the Tenant will share the costs of remediating such intermingled Pollution based on a reasonable allocation determined in accordance with the allocation principals in the Waste Management Act. 6.17.9 If the Landlord is required by any Authority to determine whether the Land Lands and Building are Polluted or to take Remedial Action regarding Pollution of the Land Landlord or BuildingHead Landlord may: (a) cause the Landlord shall notify the Tenant and provide it with Consultant to perform a copy of all materials received from the Authority with respect to the Pollution and Remedial Work;Further Audit, (b) notify the Tenant of the nature and extent of the Pollution and any Remedial Action the Consultant considers reasonably necessary or which any Authority requires be taken or both or which has already been performed where an emergency existed and any Authority required the Landlord and the Tenant, each acting reasonably, shall cooperate with each other or Head Landlord to challenge any aspect of the order of the Authority which either party reasonably believes is incorrect or unjustified and to negotiate with the Authority take Remedial Action that is acceptable to the Landlord and the Tenant, each acting reasonably;immediately, (c) if the Pollution has been caused by the Tenant, the Tenant shall take any Remedial Action which the any Authority ultimately requires be taken; and, or (d) if require the Tenant to take any Remedial Action which any Authority requires be taken with regard to such Pollution has not been caused including Remedial Action which must be taken immediately where an emergency exists and any Authority requires Remedial Action to be taken immediately; and the Tenant must permit the Landlord, the Head Landlord, their respective employees and agents including the Consultant to have that access to the Premises which is reasonably necessary to enable the Landlord and Head Landlord to comply with the requirements of any Authority and to take Remedial Action. After request by the Tenant, the Landlord shall take must provide the Tenant with a copy of the results of the Further Audit. The Tenant within 10 days after demand by the Landlord must pay the Landlord the amount allocated to the Tenant by the Landlord, acting reasonably, of the costs of a Further Audit performed under this clause 15.6 and of any Remedial Action which any Authority required the Authority ultimately requires be takenLandlord or Head Landlord to take to the extent that the Remedial Action was in respect of Additional Pollution or by Pollution in either case caused or contributed to by the Tenant, its officers, directors, employees, invitees, licensees, assigns or subtenants. 6.17.10 15.7 If the Landlord or Head Landlord is required by any Authority to take Remedial Action regarding Pollution of the Land or Building not caused by the TenantExisting Pollution, the Landlord or its Head Landlord or their respective employees and agents may enter the Premises and may: (a) perform any audits, investigations and surveys the Landlord or any Authority considers necessary to determine better the nature and extent of the Existing Pollution and the necessary Remedial Action, and (b) take any Remedial Action any Authority requires be taken and the Tenant must permit the Landlord, its employees and agents including the Landlord’s Consultant to have that access to the Premises which is reasonably necessary in the opinion of the Landlord to enable it to comply with the requirements of any Authority and to take Remedial Action, provided that . 15.8 From time to time during the Term and not less than 90 days before expiry of the Term or promptly after the sooner termination of this Sub-Lease the Landlord will take shall cause the Consultant to perform a Further Audit. The Tenant shall provide access to the Premises as required by the Landlord or the Consultant for the purpose of all reasonable steps inspections and testing. As part of the Further Audit the Consultant must be instructed to minimize provide: (a) a detailed estimate of the effect cost of Remedial Action to remediate the Lands and Building which were attributable to any Additional Pollution from the Premises or the Tenant, its officers, directors, employees, invitees, licensees, assigns or subtenants; and (b) a program of Remedial Action necessary to remediate any such Additional Pollution. The Tenant at its cost, shall be required to undertake immediately and complete without delay the program of Remedial Action and failing which the Landlord may remediate any such Additional Pollution in accordance with that program of Remedial Action and the Tenant shall within 10 days after demand by the Landlord pay the Landlord the amount which is equal to the actual cost to the Landlord of a Further Audit performed and if the Landlord remediates, pay to the Landlord the costs of any Remedial Action carried out pursuant to this clause in respect of such work on the Tenant and its business. The Landlord shall not enter the Premises for any such purpose without providing at least 48 hours written notice and specifying a particular time when it proposes to enter the Premises so that the Tenant may arrange any appropriate escort. The provisions of section 7.7 of this Lease shall apply to any entry into the Premises permitted by this section 6.17.10Additional Pollution. 6.17.11 15.9 The Tenant shall cooperate with the Landlord in the provision of such information at the times and in the form required by the LandlordLandlord (which may include conducting tests, all investigations and the review of records of the Tenant), acting reasonably, to ensure the, the proper monitoring and supervision of the Land Lands and Building with respect to Pollution. 6.17.12 At the expiry or earlier termination of this Lease the Tenant shall remove at its sole cost and expense any Hazardous Substances which the Tenant has stored within the Premises.

Environmental Considerations. 6.17.1 15.1 The Landlord, at its cost, has caused the Consultant to perform the Audit. 15.2 The Tenant hereby releases the Landlord and Head Landlord from and in respect of any cost, expense, damage, loss or liability which may be incurred or suffered by the Tenant, its employees or agents in connection with the: (a) need for the Tenant to take any Remedial Action and the taking of Remedial Action as a result of Additional Pollution, or (b) the effect of Additional Pollution on the health or the property of any Persons, (c) interference with the Research Activity of the Tenant by any cause whatsoever, except to the extent that any such cost, expense, damage, loss or liability was caused or contributed to by the Landlords’ or Head Landlords’ negligent or wilful act or default as the case may be. 15.3 The Tenant shall take all necessary precautions so as to ensure that the Lands and Building and any areas surrounding the Lands and Building do not and are not likely to become Polluted by any Additional Pollution by virtue of any action or lack of action by the Tenant and the Tenant agrees to indemnify and save harmless the Landlord and Head Landlord for any cost, damage, loss or liability incurred or suffered by either of them, or their respective officers, directors, trustees, governors, employees or agents in respect of any Additional Pollution of the Lands and Building and any area or areas surrounding the Lands and Building and also any Pollution of the same caused or contributed to by the Tenant, its officers, directors, employees, invitees or licensees. This indemnity shall survive the expiry or earlier termination of this Sub-Lease. 15.4 The Tenant must use the Premises only as provided under Article 9 and must not at any time cause or allow any Hazardous Substance Special Waste to be generated, created, used, stored, treated, transferred, transported or disposed of on the Land Lands or Building except in compliance with all Laws and the Tenant’s Environmental Management Plan and shall not use the Premises in any manner which, in whole or in part, would cause the Land to be a contaminated site or similar designation under any LawLaws. 6.17.2 Prior 15.5 The Tenant shall conform to the Commencement Dateprocedures adopted by the Landlord from time to time for the management of risks associated with environmental contaminants, including without limiting the generality of the foregoing, conducting or participating in the conduct of inspections and audits of environmental matters to confirm compliance with the requirements of this Sub-Lease, adopting and following reasonable plans for the proper handling and storage of contaminants, maintaining records of storage and use of contaminants, notifying the Landlord of any changes in storage or handling of contaminants and providing to the Landlord all reports as required from time to time. In particular, and without limiting the generality of the foregoing, the Tenant shall prepare comply with the safety and deliver security policies and procedures adopted by the Landlord from time to time with respect to the Landlord the Tenant’s Environmental Management Plan. 6.17.3 use, transport, handling and disposal of Substances. The Tenant shall provide immediately remedy any failure of the Tenant to comply with the provisions of this Article 15. If the Tenant has Substances on the Premises that are required by applicable laws or by the rules and regulations of the Landlord to be designated as hazardous or to have warnings attached to the same, or to otherwise be specially handled, the Tenant shall comply with the requirements of all such applicable laws and the rules and regulations of the Landlord with a copy respect to the storage, use and handling of such Substances, and the provision of all warning labels. 15.6 If the Lands or Building are found to be Polluted by any Tenant Protocol required Additional Pollution, or by Pollution caused or contributed to by the Tenant’s Environmental Management Plan. 6.17.4 If there is a Release of a Hazardous Substance on or about the Premises as a result of an act or omission of the Tenant, the Tenant will follow the remedial procedures set out in the applicable Tenant Protocol. If the Release has the potential to Pollute the Land or poses a risk to persons in or about the Land, the Tenant will forthwith notify the Landlord of the Release and the remedial action being taken by the Tenant. 6.17.5 Within 60 days of each anniversary of the Commencement Date during the Term and within 60 days of the expiry of the Term, the Tenant will cause an Audit to be performed and deliver a copy of that Audit to the Landlord. If the Audit includes remedial measures to be followed by the Tenant to ensure future compliance with the Tenant Protocols, the Tenant will be obliged to enact such remedial measures. 6.17.6 The Tenant shall be responsible at its sole expense for remediation of any Pollution of the Land or Building caused by a Release by the Tenant of a Hazardous Substance. The Tenant will indemnify and save harmless the Landlord from any cost, damage, loss or liability reasonably incurred, or suffered, by the Landlord as a result or in respect of any Pollution of the Land or Building caused by the Tenant. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.7 The Landlord will indemnify and save harmless the Tenant from any cost, damage, loss or liability reasonably incurred, or suffered, by the Tenant as a result or in respect of any Existing Pollution. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.8 If there is an intermingling of Pollution caused by the Tenant and Existing Pollution, the Landlord and the Tenant will share the costs of remediating such intermingled Pollution based on a reasonable allocation determined in accordance with the allocation principals in the Waste Management Act. 6.17.9 If the Landlord is required by any Authority to determine whether the Land Lands and Building are Polluted or to take Remedial Action regarding Pollution of the Land Landlord or BuildingHead Landlord may: (a) cause the Landlord shall notify the Tenant and provide it with Consultant to perform a copy of all materials received from the Authority with respect to the Pollution and Remedial Work;Further Audit, (b) notify the Tenant of the nature and extent of the Pollution and any Remedial Action the Consultant considers reasonably necessary or which any Authority requires be taken or both or which has already been performed where an emergency existed and any Authority required the Landlord and the Tenant, each acting reasonably, shall cooperate with each other or Head Landlord to challenge any aspect of the order of the Authority which either party reasonably believes is incorrect or unjustified and to negotiate with the Authority take Remedial Action that is acceptable to the Landlord and the Tenant, each acting reasonably;immediately, (c) if the Pollution has been caused by the Tenant, the Tenant shall take any Remedial Action which the any Authority ultimately requires be taken; and, or (d) if require the Tenant to take any Remedial Action which any Authority requires be taken with regard to such Pollution has not been caused including Remedial Action which must be taken immediately where an emergency exists and any Authority requires Remedial Action to be taken immediately; and the Tenant must permit the Landlord, the Head Landlord, their respective employees and agents including the Consultant to have that access to the Premises which is reasonably necessary to enable the Landlord and Head Landlord to comply with the requirements of any Authority and to take Remedial Action. After request by the Tenant, the Landlord shall take must provide the Tenant with a copy of the results of the Further Audit. The Tenant within 10 days after demand by the Landlord must pay the Landlord the amount allocated to the Tenant by the Landlord, acting reasonably, of the costs of a Further Audit performed under this clause 15.6 and of any Remedial Action which any Authority required the Authority ultimately requires be takenLandlord or Head Landlord to take to the extent that the Remedial Action was in respect of Additional Pollution or by Pollution in either case caused or contributed to by the Tenant, its officers, directors, employees, invitees, licensees, assigns or subtenants. 6.17.10 15.7 If the Landlord or Head Landlord is required by any Authority to take Remedial Action regarding Pollution of the Land or Building not caused by the TenantExisting Pollution, the Landlord or its Head Landlord or their respective employees and agents may enter the Premises and may: (a) perform any audits, investigations and surveys the Landlord or any Authority considers necessary to determine better the nature and extent of the Existing Pollution and the necessary Remedial Action, and (b) take any Remedial Action any Authority requires be taken and the Tenant must permit the Landlord, its employees and agents including the Landlord’s Consultant to have that access to the Premises which is reasonably necessary in the opinion of the Landlord to enable it to comply with the requirements of any Authority and to take Remedial Action, provided that . 15.8 From time to time during the Term and not less than 90 days before expiry of the Term or promptly after the sooner termination of this Sub-Lease the Landlord will take shall cause the Consultant to perform a Further Audit. The Tenant shall provide access to the Premises as required by the Landlord or the Consultant for the purpose of all reasonable steps inspections and testing. As part of the Further Audit the Consultant must be instructed to minimize provide: (a) a detailed estimate of the effect cost of Remedial Action to remediate the Lands and Building which were attributable to any Additional Pollution from the Premises or the Tenant, its officers, directors, employees, invitees, licensees, assigns or subtenants; and (b) a program of Remedial Action necessary to remediate any such Additional Pollution. The Tenant at its cost, shall be required to undertake immediately and complete without delay the program of Remedial Action and failing which the Landlord may remediate any such Additional Pollution in accordance with that program of Remedial Action and the Tenant shall within 10 days after demand by the Landlord pay the Landlord the amount which is equal to the actual cost to the Landlord of a Further Audit performed and if the Landlord remediates, pay to the Landlord the costs of any Remedial Action carried out pursuant to this clause in respect of such work on the Tenant and its business. The Landlord shall not enter the Premises for any such purpose without providing at least 48 hours written notice and specifying a particular time when it proposes to enter the Premises so that the Tenant may arrange any appropriate escort. The provisions of section 7.7 of this Lease shall apply to any entry into the Premises permitted by this section 6.17.10Additional Pollution. 6.17.11 15.9 The Tenant shall cooperate with the Landlord in the provision of such information at the times and in the form required by the LandlordLandlord (which may include conducting tests, all investigations and the review of records of the Tenant), acting reasonably, to ensure the, the proper monitoring and supervision of the Land Lands and Building with respect to Pollution. 6.17.12 At the expiry or earlier termination of this Lease the Tenant shall remove at its sole cost and expense any Hazardous Substances which the Tenant has stored within the Premises.

Environmental Considerations. 6.17.1 The Tenant must not at any time cause or allow any Hazardous Substance to be generated, created, used, stored, treated, transferred, transported or disposed of on the Land or Building except in compliance with all Laws and the Tenant’s 's Environmental Management Plan and shall not use the Premises in any manner which, in whole or in part, would cause the Land to be a contaminated site or similar designation under any Law. 6.17.2 Prior to the Commencement Date, the Tenant shall prepare and deliver to the Landlord the Tenant’s 's Environmental Management Plan. 6.17.3 The Tenant shall provide the Landlord with a copy of any Tenant Protocol required by the Tenant’s 's Environmental Management Plan. 6.17.4 If there is a Release of a Hazardous Substance on or about the Premises as a result of an act or omission of the Tenant, the Tenant will follow the remedial procedures set out in the applicable Tenant Protocol. If the Release has the potential to Pollute the Land or poses a risk to persons in or about the Land, the Tenant will forthwith notify the Landlord of the Release and the remedial action being taken by the Tenant. 6.17.5 Within 60 days of each anniversary of the Commencement Date during the Term and within 60 days of the expiry of the Term, the Tenant will cause an Audit to be performed and deliver a copy of that Audit to the Landlord. If the Audit includes remedial measures to be followed by the Tenant to ensure future compliance with the Tenant Protocols, the Tenant will be obliged to enact such remedial measures. 6.17.6 The Tenant shall be responsible at its sole expense for remediation of any Pollution of the Land or Building caused by a Release by the Tenant of a Hazardous Substance. The Tenant will indemnify and save harmless the Landlord from any cost, damage, loss or liability reasonably incurred, or suffered, by the Landlord as a result or in respect of any Pollution of the Land or Building caused by the Tenant. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.7 The Landlord will indemnify and save harmless the Tenant from any cost, damage, loss or liability reasonably incurred, or suffered, by the Tenant as a result or in respect of any Existing Pollution. This indemnity will survive the expiry or earlier termination of this Lease. 6.17.8 If there is an intermingling of Pollution caused by the Tenant and Existing Pollution, the Landlord and the Tenant will share the costs of remediating such intermingled Pollution based on a reasonable allocation determined in accordance with the allocation principals in the Waste Management Act. 6.17.9 If the Landlord is required by any Authority to determine whether the Land and Building are Polluted or to take Remedial Action regarding Pollution of the Land or Building: (a) the Landlord shall notify the Tenant and provide it with a copy of all materials received from the Authority with respect to the Pollution and Remedial Work; (b) the Landlord and the Tenant, each acting reasonably, shall cooperate with each other to challenge any aspect of the order of the Authority which either party reasonably believes is incorrect or unjustified and to negotiate with the Authority Remedial Action that is acceptable to the Landlord and the Tenant, each acting reasonably; (c) if the Pollution has been caused by the Tenant, the Tenant shall take any Remedial Action which the Authority ultimately requires be taken; and (d) if the Pollution has not been caused by the Tenant, the Landlord shall take any Remedial Action which the Authority ultimately requires be taken. 6.17.10 If the Landlord is required by any Authority to take Remedial Action regarding Pollution of the Land or Building not caused by the Tenant, the Landlord or its respective employees and agents may enter the Premises and may: (a) perform any audits, investigations and surveys the Landlord or any Authority considers necessary to determine better the nature and extent of the Pollution and the necessary Remedial Action, and (b) take any Remedial Action any Authority requires be taken and the Tenant must permit the Landlord, its employees and agents including the Landlord’s 's Consultant to have that access to the Premises which is reasonably necessary in the opinion of the Landlord to enable it to comply with the requirements of any Authority and to take Remedial Action, provided that the Landlord will take all reasonable steps to minimize the effect of such work on the Tenant and its business. The Landlord shall not enter the Premises for any such purpose without providing at least 48 hours written notice and specifying a particular time when it proposes to enter the Premises so that the Tenant may arrange any appropriate escort. The provisions of section 7.7 of this Lease shall apply to any entry into the Premises permitted by this section 6.17.10. 6.17.11 The Tenant shall cooperate with the Landlord in the provision of such information at the times and in the form required by the Landlord, acting reasonably, to ensure the, the proper monitoring and supervision of the Land and Building with respect to Pollution. 6.17.12 At the expiry or earlier termination of this Lease the Tenant shall remove at its sole cost and expense any Hazardous Substances which the Tenant has stored within the Premises.