Common use of Environmental Provisions Clause in Contracts

Environmental Provisions. Lessee shall keep and maintain the Premises in compliance with and shall not cause or permit the premises to be in violation of any federal, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Laws.

Environmental Provisions. Lessee shall keep Except for normal and maintain the Premises customary office business supplies used in compliance with and Environmental Laws (as defined below), Tenant shall not cause or permit the premises any Hazardous Substance (as hereinafter defined) to be used, stored, generated, or disposed of on, in or about the Leased Premises, the Building, the Property or the BLCC Center by Tenant, or any of its agents, employees, representatives, contractors, suppliers, customers, subtenants, concessionaires, licensees, or invitees. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, damages, fines, judgments, penalties, costs, expenses, liabilities, or losses relating to any violation by Tenant of any Environmental Law or of this Paragraph 24 (including, without limitation, a decrease in value of the Leased 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, consultant fees, and expert fees) incurred by or asserted against Landlord arising during or after the Term of this Lease as a result thereof provided, however, Tenant shall not be liable for consequential, speculative or punitive damages; provided, however, this indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, testing, or restoration mandated or conducted by or on behalf of any federal, state state, or local lawsagency or political subdivision. Without limitation of the foregoing, ordinances if Tenant causes or regulations relating permits the presence of any Hazardous Substance on the Leased Premises and that results in any contamination, then Tenant shall promptly, at its sole expense, take any and all necessary or appropriate actions to environmental conditions onreturn the Leased Premises to the condition existing prior to the presence of any such Hazardous Substance or as otherwise permitted under applicable Environmental Laws. Tenant shall first obtain Landlord’s written approval for any such remedial action. Except as necessary for normal and customary cleaning and maintenance and except for normal and customary office business supplies used in compliance with Environmental Laws, under or about Landlord represents and warrants that it has no actual knowledge of any Hazardous Substance at the Leased Premises, including but not limited to, soil and groundwater conditionsBuilding or the Property as of the date hereof. Lessee Landlord shall not use, generate, manufacture, store produce, store, release, discharge or dispose of on, in or under the Building or about the Premises Property, or transport to or from the Premises Building or the Property, any Hazardous MaterialsSubstance in violation of Environmental Laws, or allow any other person or entity under Landlord’s control to do so. Landlord shall comply with all local, state and federal laws, ordinances and regulations relating to Hazardous Materials are any flammableSubstance on, explosivein, radioactiveunder or about the Leased Premises, toxic Building or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 etProperty. seq. Lessee hereby Landlord agrees to indemnify Lessorindemnify, its officers, directors, agents and employees defend and hold Lessor, Tenant and its officers, directors, agents and employees harmless from and against any and all liabilities, claims, losses, damages, liabilitiesdemands, finescosts and expenses of every kind and nature directly attributable to Landlord’s failure to comply with this Paragraph 24, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out the costs of any activity carried on required or undertaken on necessary repair, cleanup or off the Premises, during the term detoxification of the lease Building or the Property, and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal preparation and implementation of any Hazardous Materials at any time located or present onclosure, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal remedial or other governmental required plan; provided, however, Landlord shall not be liable for consequential, speculative or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawspunitive damages.

Environmental Provisions. (a) Lessee shall keep and maintain the Premises in compliance with and shall not cause or permit the premises to be in violation of any federaldefend, state or local lawsindemnify, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees protect and hold the Lessor's Indemnified Parties harmless against all demands, its officersclaims, directorsactions, agents and employees harmless from and against any and all claimsassessments, losses, damages, liabilities, finescosts and expenses of every nature, penalties, charges, administrative and judicial proceedings (including but no limited to reasonable attorney's fees fees, relating to the Premises, Shared Areas or other portion of the Property and expenses), resulting from or arising directly or indirectly, in whole or in part, out of any activity carried on environmental conditions, events or undertaken on circumstances caused by Lessee, Lessee's agents, employees, representatives, invitees, subcontractors, customers or off Affiliates during Lessee's use and occupancy of the Premises, Premises and Shared Areas or other portion of the Property during the term Term, including but not limited to the presence, release or threat of release to the environment of any Hazardous Substances. (b) Lessee shall store and handle Hazardous Substances at the Premises and Shared Areas, in strict compliance with applicable Environmental Laws and shall indemnify, defend and save harmless the Lessor's Indemnified Parties from all fines, suits, procedures, claims, actions, damages, and liability of any kind (including reasonable attorney's fees) arising out of or in any way connected with the storage or handling by Lessee of Hazardous Substances at the Premises and the Shared Areas during the Term. (c) Lessor shall store and handle any Hazardous Substances or wastes which Lessor stores or handles within the Premises and Shared Areas (if so permitted by the Lessee) in compliance in all material respects with Environmental Laws, and shall indemnify, defend and save harmless Lessee from all fines, suits, procedures, claims, actions, damages, and liability of any kind (including attorney's fees) arising out of or in any way connected with or related to the storage or handling by Lessor of Hazardous Substances within the Premises and Shared Areas during the Term. (d) The obligations and liabilities of Lessee and Lessor under this Section 6.2 shall survive the Term. (e) During the Term of this Agreement and at the expiration of the lease Agreement, Lessee shall at its sole cost and whether expense be responsible for the reasonable clean-up and removal of all raw materials, packaging, solid waste, unused and used lubricants, oils, solvents and any hazardous wastes placed, abandoned or located on the Premises and the area surrounding the Premises by Lessee (or any of Lessee's representatives, customers, Affiliates, employees, agents, contractors, invitees or subcontractors subcontractors) during the Term of Lessee, or by this Agreement (as well as during any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsholdover periods).

Environmental Provisions. Lessee (i) Subject to the limitations expressed in Article 9 (a), throughout the Term, Tenant shall keep comply with and shall maintain the Premises in compliance with and shall all Environmental Laws. (ii) Subject to the limitations expressed in Section 9(a), Tenant will not cause or permit the premises to be in violation of occur any federalrelease, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generategeneration, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handlingstorage, treatment, removal, storage, decontamination, cleanup, transporttransportation, or disposal of any substances or materials that are subject to any Environmental Law (including, without limitation, Hazardous Materials Substances) on, in, under, or from the Premises, except in accordance with all Environmental Laws. Tenant shall not, and shall not cause either by its affirmative acts or its omissions, the release or discharge of any Hazardous Substance on, in, under or from the Premises, except in accordance with all Environmental Laws. Notwithstanding anything to the contrary herein, Tenant shall not allow any Hazardous Substances to be present at the Premises except in conformity with all Applicable Laws, including Environmental Laws. (iii) Tenant will promptly notify Landlord (and if in writing, provide copies), and Landlord will promptly notify Tenant (and if in writing, provide copies), following receipt of all complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Premises or compliance with Environmental Laws. Subject to the limitations expressed in Section 9(a), Tenant will promptly cure any of those actions and proceedings relating to Tenant’s use and occupancy of the Premises to the satisfaction of any regulatory authorities or court of competent jurisdiction. Tenant will keep the Premises free of any lien imposed pursuant to any Environmental Laws relating to Tenant’s use and occupancy of the Premises. (iv) Landlord will have the right, at Landlord’s cost and expense, at all reasonable times and from time to time to conduct environmental audits of the Premises, and Tenant will cooperate in the conduct of these audits. The audits will be conducted by a consultant of Landlord’s choosing, and if any Hazardous Substance (to the extent not present on the date hereof) is detected, except to the extent such Hazardous Substance is present in accordance with all Environmental Laws, or if a violation by Tenant of any of the warranties, representations, or covenants contained in this Section 9(b) is discovered, the fees and expenses of such consultant will be borne by Tenant and will be paid as Additional Rent under this Lease on demand by Landlord to the extent such fees and expenses relate to a violation by Tenant of this Section 9(b). As a condition precedent to such audits, Landlord shall execute, and shall cause its consultants to execute, a reasonable secrecy agreement in which it agrees to exercise reasonable efforts to preserve the confidentiality of any and all proprietary information it receives from Tenant. Such secrecy agreements shall not unreasonably interfere with or hinder Landlord’s or Tenant’s obligations to maintain the Premises in compliance with Environmental Laws or to comply with any required remediation. (v) Subject to the limitations expressed in Section 9(a), if Tenant fails to comply with any of the foregoing warranties, representations, covenants, or obligations regarding environmental matters. Landlord upon reasonable notice to Tenant may take reasonable steps to remove from the Premises (or otherwise clean up) any Hazardous Substance located in the Premises, except to the extent that either: (i) in Landlord’s reasonable judgment, Tenant is expeditiously and diligently taking all appropriate steps to remove from the premises (or otherwise clean up) such Hazardous Substance; or (ii) such Hazardous Substance is present in accordance with all Environmental Laws. Subject to the limitations expressed in Section 9(a), the costs of Hazardous Substance removal and any other clean up (including transportation and storage costs) will be Additional Rent under this Lease, whether or not a court has ordered the clean up, and those costs will become due and payable on demand by Landlord. Tenant will give Landlord and Landlord’s Agents such access to the Premises as s necessary to remove or otherwise clean up any Hazardous Substance, except to the extent such Hazardous Substance is present in accordance with all Environmental Laws. Landlord, however, has no affirmative obligation to remove or otherwise clean up any Hazardous Substance that is present in the Premises as result of any breach by Tenant of any of Tenant’s warranties, representations, covenants or obligations contained in this Lease, and this Lease will not be construed as creating any such obligation on the part of Landlord. (vi) Tenant hereby indemnifies, agrees to defend (with counsel reasonably acceptable to Landlord and at Tenant’s sole cost), and holds Landlord and Landlord’s Agents free and harmless from and against all losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements, or expenses of any kind (including reasonable attorneys’ and experts’ fees and reasonable expenses and fees incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding) that may at any time located or present onbe imposed upon, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, lossincurred by, or injury resulting from asserted or awarded against Landlord or any Hazardous Materials; and (iii) Lessee's discover of them to the extent caused by a violation by Tenant of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause warranties, representations, or covenants contained in this Section 9(b). This indemnification is the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use personal obligation of the Premises under Tenant and will survive termination of this Lease. (vii) Landlord indemnifies, agrees to defend (with counsel reasonably acceptable to Tenant and at Landlord’s cost), and holds Tenant and Tenant’s Agents free and harmless from and against all losses, liabilities, obligation, penalties, claims, litigation, demands, defenses, costs, judgments, suits, proceedings, damages (including consequential damages), disbursements, or expenses of any Lawskind (including reasonable attorneys’ and experts’ fees and reasonable expenses and fees incurred in investigating, defending, or prosecuting any litigation, claim, or proceeding) that may at any time be imposed upon, incurred by, or asserted or awarded against Tenant or any of them to the extent arising from Landlord’s violation of any Environmental Laws applicable to the Lease prior to the Commencement Date. This indemnification is the personal obligation of the Landlord and will survive termination of this Lease.

Environmental Provisions. Lessee (a) Buyer shall keep have the opportunity to have the Real Property inspected for environmental matters by a qualified consultant of its choosing pursuant to Sections 6.1 and maintain the Premises in compliance with and shall not cause or permit the premises to be in violation 8.14 of this Agreement. The cost of any federaland all such inspections of the property shall be borne solely by Buyer. Buyer shall provide a copy of any report of any such inspections to Sellers within five days of Sellers' request therefore, state or local lawsbut such report, ordinances or regulations relating if any, shall be provided to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined Sellers only in the Comprehensive event Sellers make such request. (b) In addition, Sellers shall promptly after the execution of this Agreement, provide to Buyer, on a confidential basis, copies of any reports of environmental investigations of the Real Property authorized by or available to Sellers (the "Environmental Response Reports"). Buyer agrees and Liability Act of198oacknowledges that Sellers make no representations or warranties regarding the accuracy or completeness of the Environmental Reports. (c) If Buyer notifies the Sellers prior to the Closing Date that the results of its inspection of the Real Property or its review of the Environmental Reports are not acceptable to Buyer, 42 U.S.C. 9601 etthen this Agreement shall be terminated and Buyer shall return all copies of the Environmental Reports to Sellers, and Sellers shall return all copies of inspection reports to Buyer. (d) Buyer and Sellers agree to ensure the confidentiality of the Environmental Reports and the results of Buyer's inspection in accordance with Section 6.1 above. seq. Lessee hereby agrees to Buyer and Sellers shall defend, hold harmless and indemnify Lessoreach other from, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from for and against any and all claims, losses, damages, liabilitiesliabilities and costs, fines, penalties, charges, administrative and judicial proceedings known or unknown (including but no limited without limitation, cleanup cost, consulting and legal fees) (hereinafter, collectively "Losses") proximately caused by their breach of their obligations pursuant to attorney's fees and expenses), arising directly or indirectly, the above confidentiality provision. (e) In the event Buyer determines in whole or in part, out its sole discretion that the results of any activity carried on or undertaken on or off the Premises, during the term its review of the lease Environmental Reports and whether by Lessee or any of its inspection of the Real Property are satisfactory and closes the transactions contemplated hereunder, each of Triangle and Buyer, on behalf of itself, its successors and assigns, agrees to release, discharge and covenant not to sue Xxxxxxx xxd each of their respective officers, directors, employees, agents, contractorsshareholders, successors and assigns and all persons referenced in Sections 9.3 and 9.4 from those Losses proximately caused by past, present or subcontractors future presence of Lessee, or by any third persons at any time occupying or present on the Premiseshazardous material on, in connection with or under the handlingReal Property including, treatmentwithout limitation, removalLosses arising under the Comprehensive Environmental Response Compensation and Liability Act, storageas amended, decontamination42 USC paragraph 9601 et seq., cleanupthe Resource Conservation and Recovery Act, transportas amended, 42 USC paragraph 6901 et seq. regulations and other Applicable Environmental Laws, but excluding any Losses or disposal portions of any Hazardous Materials at any time located or present Losses involving the presence of hazardous materials on, in or under or about any property other than the PremisesReal Property. Lessee shall immediately advise Lessor in writing By way of (i) any example and all enforcementnot by limitation, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damageLosses arising from hazardous material on, contribution, cost recovery compensation, loss, in or injury resulting from any Hazardous Materials; and (iii) Lessee's discover under the Real Property on or before the time of any occurrence or condition on any real Closing that moves to adjacent property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsare not released.

Environmental Provisions. Lessee shall keep and maintain (a) Notwithstanding any other provision of this Lease, the Tenant will fully comply with all Environmental Laws applicable to the Premises and the Tenant's use and occupation thereof. (b) If the Tenant is convicted of an offence under an Environmental Law which relates to the Premises or the Building, the Landlord will have the option, at its sole discretion, to terminate this Lease forthwith by notice in compliance writing, and the Landlord will not be liable for any losses or damages of any kind however caused arising out of such termination. (c) The Tenant will obtain and comply with the terms of all licenses, certificates of approval, permits and other requirements under applicable Environmental Law for the safe and lawful conduct of its business at or from the Premises. (d) The Tenant will not use pesticides in the Premises or the Building unless the Tenant has first obtained written consent from the Landlord to do so and has obtained all necessary permits or approvals required under applicable Environmental Law. (e) The Tenant shall not cause or permit the premises allow any Contaminant to be in violation of any federalused, state generated, stored, or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose disposed of on, under or about, or transported to or from, the Building, the Common Areas or the Premises (collectively the " Contaminant Activities") except in strict compliance, at the Tenant's expense, with all applicable Environmental Laws, and using all necessary and appropriate precautions which a cautious and prudent operator would exercise. (f) The Landlord shall not be liable to the Tenant for any Contaminant Activities conducted or permitted by the Tenant in or about the Premises Building, the Common Areas or transport to or from the Premises any Hazardous Materialsduring the Term, however caused, whether or not consented to by the Landlord. Hazardous Materials are any flammableThe Tenant shall indemnify, explosivedefend with counsel, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees the Landlord harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative costs and judicial proceedings (including but no limited to attorney's fees and expenses), liabilities arising directly or indirectly, in whole or in part, out of any activity carried on and all such Contaminant Activities conducted or undertaken on or off permitted by the PremisesTenant. (g) The Tenant shall immediately notify the Landlord both by telephone and in writing of any Discharge and the Landlord, during its representatives and employees may enter the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons Premises at any time occupying or present on during the Premises, in connection with Term to inspect the handling, treatment, removal, storage, decontamination, cleanup, transport, or Tenant's compliance herewith. (h) The Tenant shall also be responsible for proper disposal of any all Contaminants and other materials which require special disposal measures, including oil, kitchen waste and grease. The Tenant shall also, if required by the Landlord, refrigerate all garbage, such that it does not constitute a nuisance or health hazard. The Tenant will store and dispose of all of its waste in a lawful manner. In particular, the Tenant will use the garbage collection service provided by the Landlord only to dispose of solid waste (which is not Hazardous Materials Waste) which can lawfully be transported to, and dumped at, a landfill site without requiring payment of surcharges or penalties, and will use the sewers only to dispose of liquid waste (which is not Hazardous Waste) which may be lawfully discharged into the municipal sewer. All other wastes will be disposed of by the Tenant, at any time located its expense, at least once every month, using a properly licensed waste hauler retained by the Landlord, subject to the Landlord's right to require the Tenant, by giving the Tenant notice thereof, to retain a properly licensed waste hauler to take away all or present onpart (as designated by the Landlord) of the Tenant's waste. Regardless of whether the waste hauler is retained by the Landlord or the Tenant, under or about the Premises. Lessee Tenant, and not the Landlord, shall immediately advise Lessor in writing be deemed to be the generator of the Tenant's waste. (i) Where the Landlord provides separate waste collection facilities for different types of waste, the Tenant will separate its waste and will deliver each waste to the appropriate facility. If contamination of separated waste occurs as a result of Tenant's failure to comply with the foregoing sentence, the Tenant will indemnify the Landlord for all damages and costs incurred by the Landlord with respect to such contamination, together with an administration fee equal to twenty per cent (20%) of such costs. The Tenant will comply with any waste reduction workplan prepared by Landlord from time to time (if any), at Xxxxxx's cost. The Tenant will comply with all reasonable requirements imposed by Landlord with respect to the implementation of a system for the storage, disposal, and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened separation of waste at the Building as contemplated by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsthis Section 6.14.

Environmental Provisions. Lessee A. Except for the materials and chemicals set forth in Exhibit 6(E) hereto (which shall keep be updated semiannually during the Term of the Lease), Tenant represents and maintain warrants that all materials and chemicals used in the normal course of its business are classified as Generally Regarded as Safe (:“GRAS”) by the Food and Drug Administration (“FDA”). Tenant represents and warrants that Tenant will not conduct any activities on the Demised Premises or in compliance with and shall not cause or permit the premises to be in Building which may constitute a violation of any federalenvironmental law, state statute and/or regulation. Except for the materials and chemicals set forth in Exhibit 6(E) hereto, which shall be updated semiannually during the Term of the Lease, Xxxxxx agrees not to employ or local laws, ordinances or regulations relating to environmental conditions on, under or about utilize the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Demised Premises or transport the Building for the purpose of disposing, treating, storing, handling or transporting any materials which may be deemed to constitute “Hazardous or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related Toxic materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby .” i. Xxxxxx agrees to defend, indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees Landlord harmless from and against any and all claimsClaims, lossesas hereinafter defined, damageswhich Landlord may hereafter become liable for, liabilitiessuffer, finesincur or pay arising under any applicable laws and resulting from any activity, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly act or indirectly, in whole or in part, out violation of any activity carried on or undertaken on or off the Premises, this Article during the term of this Lease on the lease and whether by Lessee or any part of Tenant, its agents, employees, agentsor assigns. In addition, contractorsXxxxxx agrees to defend, indemnify and hold Landlord harmless against any and all Claims which Landlord may hereafter be liable for, suffer, incur, or subcontractors pay resulting from or arising out of Lesseeany handling, or by any third persons at any time occupying or present on the Premises, in connection with the handlingstorage, treatment, removaltransportation, disposal, and/or release of GRAS, Hazardous or Toxic Materials from or on the Demised Premises or the Building during the Term of this Lease. ii. Xxxxxxxx agrees to defend, indemnify and hold Tenant harmless against any and all Claims, as hereinafter defined, which Tenant may hereafter become liable for, suffer, incur or pay arising under any applicable laws and resulting from any activity, act or violation of this Article by the Landlord, its agents, employees, assigns or any former tenant prior to the Term of this Lease (hereafter, “Landlord Parties”). In addition, Xxxxxxxx agrees to defend, indemnify and hold Tenant harmless against any and all Claims which Tenant may hereafter be liable for, suffer, incur or pay resulting from or arising out of any handling, storage, decontaminationtreatment, transportation, disposal, and/or release of GRAS, Hazardous or Toxic Materials from or on the Demised Premises or the Building prior to the Term of this Lease. It is hereby acknowledged that Xxxxxxxx has had a Phase One environmental assessment conducted on the Demised Premises, and a copy of that report is attached hereto as Exhibit 28(B). Landlord shall be responsible for the removal and associated cleanup, transportif any, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Laws.materials identified in such report

Environmental Provisions. Lessee shall keep and maintain the Premises in compliance with and shall not cause or permit the premises to be in violation of any federal, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198oof 1980, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Laws.

Environmental Provisions. Lessee shall keep (a) Seller represents and maintain warrants that the Premises Property and its existing and prior uses comply and have at all times complied with all applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits relating to environmental matters (being hereinafter collectively referred to as the “Environmental Laws”). Without limiting the generality of the foregoing: (i) Seller, and to the best of Seller’s knowledge, all of Seller’s present and former tenants, occupants and users of the Property, have operated the Property and have received, handled, used, stored, treated, transported, and disposed of all petroleum products and all other toxic, dangerous, or hazardous chemicals, materials, substances, pollutants, and wastes (all the foregoing being hereinafter collectively referred to as “Hazardous Materials”) in strict compliance with and shall not cause all Environmental Laws. (ii) there are no existing, pending, or permit threatened statutes, orders, standards, rules, regulations, or claims from any governmental agency or private party relating to environmental matters requiring any cleanup, removal or remedial actions with respect to the premises to be in violation Property. (iii) no Hazardous Materials have been released into the environment or have been deposited, spilled, discharged, placed or disposed of at, on or near the Property, nor has the Property been used at any time by any person as a landfill or disposal site for Hazardous Materials or for garbage, waste or refuse of any federalkind. (iv) to the best of Seller’s knowledge, the Property is not listed on the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites nor any other log, list, schedule, inventory, or record of Hazardous Materials or Hazardous Waste sites whether maintained by the United States any state or local lawsgovernmental unit. (b) Purchaser shall have the right to conduct an environmental investigation of the Property to determine the presence, ordinances or regulations relating to environmental conditions onif any, under or about the Premisesof hazardous waste, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactivehazardous materials, toxic substances and the like. In the event that the Property Documents or other related materialsthe results of Purchaser’s investigation reveal environmental matters unsatisfactory to Purchaser, including but not limited Purchaser shall within fifteen (15) business days of receiving the information deliver written notice of its objections to "hazardous substances" as defined in the Comprehensive Seller (“Environmental Response and Liability Act of198o, 42 U.S.C. 9601 etObjections”). seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings Seller shall have a period of ten (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractors10) days, or subcontractors such longer period of Lesseetime as may be agreed to by Purchaser following receipt of such notice, or to cure Purchaser’s Environmental Objections, but shall have no obligation to do so. Seller shall notify Purchaser within five (5) business days of receiving notice of Purchaser’s Environmental Objections of its intended action in regard to curing Purchaser’s Environmental Objections. The closing may, if necessary and only by any third persons at any written consent of both Purchaser and Seller, be adjourned for such time occupying or present on period as is necessary to cure the PremisesEnvironmental Objections. If Purchaser’s objections are not cured within such period to Purchaser’s satisfaction, in connection with the handlingPurchaser may, treatmentby written notice to Seller, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of elect to (i) any and all enforcement, cleanup, remedial, removal terminate this Agreement in accordance with Paragraph 4; or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating waive such objections and proceed to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity close this purchase transaction without reduction of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any LawsPurchase Price.

Environmental Provisions. Lessee shall keep (a) Tenant’s Representations, Warranties and maintain Covenants. Tenant represents, warrants and covenants that (1) the Premises will not be used for any dangerous, noxious or offensive trade or business and that it will not cause or maintain a nuisance there, (2) it will not bring, generate, treat, store, use or dispose of Hazardous Substances (as hereinafter defined) at the Premises, (3) it shall at all times comply with all Environmental Laws (as hereinafter defined) and shall cause the Premises to comply, and (4) Tenant will keep the Premises free of any lien imposed pursuant to any Environmental Laws. Premises for the purposes of this Article shall mean the Building and Property, including parking areas. Upon the request of Landlord, Tenant shall provide Landlord with evidence of compliance with Environmental Laws. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of any and all Hazardous Substances and in compliance with all Environmental Laws and to the complete satisfaction of Landlord. (b) Subject to the provisions of this Article and to the prior written consent by Landlord which may be given or withheld in Landlord’s sole discretion, Tenant shall not cause or permit the premises be entitled to be use and store only those Hazardous Substances that are necessary for Tenant’s business, provided that such usage and storage is in violation of any federal, state or local laws, ordinances or regulations relating full compliance with all applicable Environmental Laws. (c) Tenant will cooperate with Landlord and allow Landlord and Landlord’s representatives access to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claimsparts of the Premises and to the records of Tenant with respect to the Premises for environmental inspection purposes at any reasonable time. In connection therewith, lossesTenant hereby agrees that Landlord or Landlord’s representatives may perform any testing upon or of the Premises that Landlord deems reasonably necessary for the evaluation of environmental risks, damagescosts, liabilitiesor procedures, fines, penalties, charges, administrative including soils or other sampling or coring. (d) Violations — Environmental Defaults: (i) Tenant shall give to Landlord prompt verbal and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out follow-up written notice as soon as it becomes aware of any activity carried on actual or undertaken on threatened spills, releases or off the Premises, during the term discharges of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present Hazardous Substances on the Premises, caused by the acts or omissions of Tenant or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Tenant covenants to promptly investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Substances caused by the acts or omissions of Tenant or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Tenant’s sole cost and expense; such investigation, clean up and remediation to be performed in connection accordance with all Environmental Laws and to the handlingreasonable satisfaction of Landlord, treatmentLandlord’s lenders, removalif any, storageand any governmental agency, decontaminationand after Tenant has obtained Landlord’s written consent, cleanup, transport, or disposal which shall not be unreasonably withheld. Tenant shall return the Premises to the condition existing prior to the introduction of any such Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; Substances. (ii) all claims made In the event of (1) a violation of an Environmental Law which is Tenant’s responsibility hereunder, (2) a release, spill or threatened by any third party against Lessee discharge of a Hazardous Substance on or from the Premises relating to damagePremises, contribution(3) the discovery of an environmental condition requiring response which violation, cost recovery compensation, lossrelease, or injury resulting from condition is attributable to the acts or omissions of Tenant, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors, or (4) an emergency environmental condition which is Tenant’s responsibility hereunder (collectively “Environmental Defaults”), Landlord shall have the right, but not the obligation, to immediately enter the Premises, to supervise and approve any Hazardous Materialsactions taken by Tenant to address the violation, release or environmental condition; and in the event Tenant fails to immediately address such violation, release, or environmental condition, or if the Landlord deems it necessary, then Landlord may perform, at Tenant’s expense, any lawful actions necessary to address the violation, release, or environmental condition. (iii) Lessee's discover of Landlord has the right, but not the obligation, to cure any occurrence Environmental Defaults, has the right to suspend some or condition on any real property adjoining or in the vicinity all of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use operations of the Premises under any LawsTenant until it has determined to is sole satisfaction that appropriate measures have been taken, and has the right to terminate the Lease upon the occurrence of an Environmental Default.

Environmental Provisions. Lessee Tenant covenants and agrees, effective as of the date of this Lease and continuing during the term thereof, as follows: a. The use and operation of the demised premises shall keep at all times be in full compliance with the then-applicable Environmental Law; b. Neither Tenant nor any other person shall bring onto, use, store, generate, or transport any Hazardous Materials in, on or under, the Demised Premises except in a reasonable and maintain prudent manner so as to prevent the Premises release or threat of release of any hazardous material on, onto, or from the demised premises and except in compliance with applicable Environmental Law; c. Neither Tenant nor any other person shall treat, process, dispose of, recycle, or incinerate any hazardous materials on the demised premises; d. If Tenant elects to bring, use, store, generate or transport specific hazardous materials on the demised premises in connection with the business and operations conducted by Tenant, Tenant shall: i. Use, store, dispose of, and transport such hazardous materials in accordance with applicable Environmental Law; ii. Prepare and maintain accurate and detailed records with respect to such hazardous materials as required by applicable Environmental Law or environmental permits; iii. Prepare and submit all reports with respect to such hazardous materials as required by applicable Environmental Law or environmental permits; and iv. Furnish to Landlord upon request a copy of all records and reports with respect to such hazardous materials. e. Tenant shall not cause construct or permit install any underground or aboveground storage tanks in, on, or under the demised premises without prior written consent of Landlord. f. Tenant shall regularly inspect the demised premises to be monitor and assure that the demised premises are at all times in violation full compliance with applicable Environmental Law. g. Tenant shall protect to the best of any federalits ability the demised premises against intentional or negligent acts or omissions of third parties which might result, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole the release of hazardous materials on the demised premises in violation of applicable Environmental Law and if Tenant fails to take appropriate action (as determined by Landlord) to protect the demised premises within fifteen (15) days after written notice from the Landlord, then the Landlord may, but shall not be obligated to, take such action Landlord considers necessary or appropriate, at the expense of Tenant, to protect the demised premises against the release of hazardous materials in partviolation of the applicable Environmental Law as a result of the intentional or negligent acts or omissions of third parties. Nothing herein shall be construed so as to relieve any party from liability for any act or omission. h. If any hazardous materials are released in, out of any activity carried on on, under, or undertaken on or off from the Premises, demised premises during the term of this Lease, Tenant shall immediately (within 24 hours of discovery) notify the lease Landlord and all applicable governmental agencies having competent jurisdiction of the occurrence of the release of hazardous materials. Tenant shall immediately furnish or make available to the Landlord and governmental entities all information, documents, and communications, whether by Lessee electronic or in hard copy. i. Tenant shall treat, store, dispose of and transport the hazardous materials, including any employeescontaminated soil, agentswater and other environmental media at the sole cost of the Tenant and in accordance with applicable Environmental Law. j. In the event that Tenant fails to immediately commence on a timely basis and/or diligently prosecute an appropriate response action, contractorsat the expense of Tenant, Landlord shall have the right, but not the obligation, to conduct all response action at the expense of Tenant that Landlord considers necessary or appropriate under applicable Environmental Law and Environmental Permits, to clean up the hazardous materials that have been released in, on, or subcontractors under, the demised premises. Tenant shall have no responsibility for correcting or remediating any environmental condition with respect to the demised premises that existed prior to the date of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsthis lease.

Environmental Provisions. Lessee Occupant covenants and agrees that: (a) During the Occupancy Period Occupant shall keep (i) not take any action which will cause the Space to fail to comply with any Environmental Laws applicable thereto, (ii) not use and maintain shall prohibit the Premises use of the Space for Regulated Activities (other than in connection with the customary operation and maintenance of the Space and in commercially reasonable quantities as a consumer thereof, subject to, in any event, compliance with Environmental Laws) and (iii) cause any alterations to be done in a way so as to not expose the persons working on or visiting the Space to Hazardous Substances and in connection with any such alterations shall not introduce any Hazardous Substances to the Space which are not in compliance with Environmental Laws or which present a danger to the health of persons working on or visiting the Space. (b) Upon reasonable prior notice, Provider, Landlord and its lender and their respective agents, representatives and employees shall have the right at all reasonable times and during normal business hours, except to the extent such access is limited by applicable law, and subject to the reasonable security requirements of Occupant, to enter upon and inspect all or any portion of the Space. Provider, Landlord or its lender, at their sole expense (except as provided below in this Section, may retain an environmental consultant to conduct and prepare reports of such inspections, and Occupant shall be given a reasonable opportunity to review any and all reports, data and other documents or materials reviewed or prepared by the consultant, and to submit comments and suggested revisions or rebuttals to same. The inspection rights granted to Provider, Landlord and its lender in this Section shall expressly include the right to conduct soil borings and other customary environmental tests, assessments and audits in compliance with applicable Requirements. Occupant agrees to bear and shall not cause pay or permit reimburse Provider within thirty (30) days after demand for all reasonable out-of-pocket expenses (including reasonable attorneys, fees and disbursements and administrative and similar costs of Provider, but excluding internal overhead) reasonably relating to, or incurred by Provider or Landlord in connection with the premises inspections, tests and reports described in this Section only in the following situations: (i) If solely and directly due to be in violation the actions or inaction of any federalOccupant, state (1) there exists an Environmental Violation (as hereinafter defined) or local laws, ordinances or regulations relating to environmental conditions (2) a Hazardous Substance is present on, under at, under, within or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport emanating to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractorsSpace, or subcontractors of Lesseeis migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by this Service Agreement; or (ii) If any such inspection reveals an Environmental Violation or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any that a Hazardous Materials at any time located or Substance is present on, to, under, within or emanating to or from the Space or is migrating to or from adjoining property, except under conditions permitted by applicable Environmental Laws and not prohibited by this Service Agreement, and any of such items revealed by such inspection arises solely and directly by reason of the negligence or about willful misconduct of Occupant; or (c) To the Premises. Lessee extent that Occupant has actual knowledge thereof, Occupant shall immediately advise Lessor in writing of promptly provide notice to Provider of: (i) any and all enforcement, cleanup, remedial, removal proceeding or other governmental or regulatory actions instituted, completed investigation commenced or threatened pursuant by any Governmental Authority with respect to the presence, release or threatened release of any Hazardous Materials Laws; Substance on, at, under, within or emanating to or from the Space; (ii) all claims made or threatened any lawsuit or other legal action or proceeding brought by any third party Person against Lessee (A) Occupant, Provider or Landlord or the Premises Space or any portion thereof, or (B) any other party occupying the Space or any portion thereof, in either such case relating to damage, contribution, cost recovery compensation, loss, any loss or injury allegedly resulting from any Hazardous MaterialsSubstance or relating to any violation or alleged violation of Environmental Law; and and (iii) Lessee's discover the discovery of any occurrence or condition on the Space or on any real property adjoining or in the vicinity of the Premises that Space, which reasonably could cause be expected to lead to the Premises to be Space or any portion thereof being in violation of any Environmental Law or subject to any restrictions restriction on the ownership, occupancy, transferability or use of the Premises under any LawsEnvironmental Law (collectively, an “Environmental Violation”) or which might subject Provider, Landlord or Occupant to an Environmental Claim.

Environmental Provisions. Lessee shall keep (A) Landlord acknowledges that Tenant is a small quantity generator of hazardous waste and maintain that Tenant uses hazardous materials in conducting its business operations. Landlord agrees that so long as Tenant remains a small quantity generator and complies with the Premises in compliance provisions of this section 3.6 and with the provisions of all applicable federal, state, and local laws, that Tenant's use of, generation of, or disposal of hazardous materials, substances, or waste shall not cause or permit the premises be deemed to be a default under this Lease. (B) Except as set forth in paragraph (A) above, Tenant warrants and represents that it will not utilize or dispose of any hazardous materials, substances, or waste in violation of any federal, state state, or local lawslaws and that all hazardous materials, ordinances substances, or regulations relating to environmental conditions on, under waste generated on or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about otherwise located on the Premises or transport to or shall be disposed of by Tenant, at Tenant's expense, on a periodic basis by removal of such hazardous waste from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "by a licensed hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby waste disposal company. (C) Tenant agrees to indemnify Lessordefend, indemnify, and hold harmless the Landlord against any and all Claims which Landlord may hereafter be liable for, suffer, incur, or pay arising under any applicable laws and resulting from or arising out of the breach of the representations and warranties contained in this section 3.6 or out of any act, activity, or violation of any applicable laws on the part of Tenant, its officersagents or employees, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claimsClaims which Landlord may hereafter be liable for, lossessuffer, damagesincur, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), or pay resulting from or arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premiseshandling, during the term of the lease and whether by Lessee or any employeesstorage, agentstreatment, contractorstransportation, disposal, release, or subcontractors threat of Lessee, release of hazardous waste or by any third persons at any time occupying hazardous substances from or present on the Premises, in connection with caused by Tenant or its agents or employees during the handlingTerm of this Lease, treatmentunless such Claims arise out of or result from the negligent affirmative acts, removal, storage, decontamination, cleanup, transportgrossly negligent omissions, or disposal willful misconduct of any Hazardous Materials at any time located Landlord or present onits agents or employees. (D) Any violation or breach by Tenant or its agents or employees of the provisions of this section 3.6 shall be considered a default pursuant to Section 10.1 of this Lease. (E) For purposes of this section 3.6, under "Claims" shall include and mean all actions, causes of action, whether common law or about the Premises. Lessee shall immediately advise Lessor in writing statutory, remedies, demands, out-of-pocket costs, liability, charges, suits, judgments, expense, damage, personal injuries, property damage, incidental or consequential damages, clean up costs, civil penalties, attorneys' fees, litigation expenses, abatement costs, abatement and corrective injunctive relief, injunctive relief requiring removal and/or remedial action, all costs of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions institutedremedial action, completed or threatened pursuant and damages to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsnatural resources.

Environmental Provisions. Lessee shall keep A. Tenant represents and maintain warrants that all materials and chemicals used in the normal course of its business are classified as Generally Regarded as Safe ("GRAS") by the Food and Drug Administration ("FDA"). Tenant represents and warrants that it will not conduct any activities on the Demised Premises or in compliance with and shall not cause or permit the premises to be in Building which may constitute a violation of any environmental law, statute and/or regulation. Xxxxxx agrees not to employ or utilize the Demised Premises or the Building for the purpose of disposing, treating, storing, handling or transporting any materials which may be deemed to constitute “Hazardous or Toxic Materials”. X. Xxxxxx agrees to defend, indemnify and hold Landlord harmless against any and all Claims, as hereinafter defined, which Landlord may hereafter become liable for, suffer, incur or pay arising under any applicable laws and resulting from any activity, act or violation of this Article on the part of Tenant, its agents, employees, or assigns. In addition, Xxxxxx agrees to defend, indemnify and hold Landlord harmless against any and all Claims which Landlord may hereafter be liable for, suffer, incur, or pay resulting from or arising out of any handling, storage, treatment, transportation, disposal, and/or release of GRAS, Hazardous or Toxic Materials from or on the Demised Premises or the Building. C. The term "Claims" shall mean and include all actions, causes of action, whether common law or statutory, demands, remedies, liability, suits, judgments, expenses, personal injuries, property damages, incidental and consequential damages resulting thereby, clean up costs, civil penalties, reasonable attorneys' fees, litigation expenses, abatement costs, abatement and corrective relief, injunctive relief requiring removal and/or remedial action, all costs of removal or remedial action, and damages to natural resources. D. The Term "Hazardous or Toxic Materials" means any materials which may be deemed hazardous or toxic including, but no limited to, (i) materials defined as "hazardous waste" under the Federal Resource Conservation and Recovery Act and similar state laws; (ii) "hazardous substances" as identified under the Federal Comprehensive Environmental Response, Compensation and Liability Act and especially in CERCLA Section 101(14) and as set forth in Title 40, Title of Federal Regulations, Part 302; (iii) those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local lawsstatute, ordinances law, ordinance, code, rule, regulation, order or regulations decree regulating, relating to environmental conditions on, under or about the Premises, including but not limited to, soil or imposing liability or standards of conduct concerning, any hazardous, toxic, polluting, or dangerous waste substance or material, as such lists are now or any time hereafter in effect; (iv) petroleum products; and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or (v) such other related materials, including but not limited substances or waste which are otherwise dangerous, hazardous, harmful or deleterious to "hazardous substances" as defined human, plant or animal health or well being. E. The provisions set forth in this Article shall survive the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 ettermination of this Lease. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorneyIf Tenant's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removaltransportation, storage, decontamination, cleanup, transport, use or disposal of any GRAS or Hazardous or Toxic Materials at any time located on the Demised Premises or present on, under or about the Premises. Lessee shall immediately advise Lessor Building results in writing of (i) contamination of the soil or surface or ground water; or (ii) loss, damage or inconvenience to person(s) and/or property, then Tenant agrees to (i) notify Landlord immediately of any and all enforcementcontamination, cleanupclaim of contamination, remedial, removal loss or other governmental damage or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Lawsinconvenience; (ii) after consultation and approval by Landlord, to clean up the contamination in full compliance with all claims made or threatened by any third party against Lessee or the Premises relating to damageapplicable statutes, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materialsregulations and standards; and (iii) Lessee's discover to indemnify, defend and hold harmless Landlord from and against any Claim arising from or connected with any such contamination, claim of contamination, loss, damage. Further, upon written notice from Landlord, Tenant shall immediately cease any occurrence activity that may cause any inconvenience to either Landlord or condition on any real property adjoining other tenants, or in their agents, employees or invitees. In the vicinity event of a conflict of the Premises that could cause provisions of this Section E with any other provision in this Article, the Premises provision in this Section E shall prevail. X. Xxxxxx has the Landlord’s permission to be subject to any restrictions on the ownership, occupancy, transferability or use all of the Premises under any Laws.chemicals shown in Exhibit F.

Environmental Provisions. Lessee shall keep and maintain the Premises in compliance with and shall not cause or permit the premises to be in violation of any federal, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee (a) Tenant hereby agrees to defend (with counsel reasonably approved by Xxxxxxxx), protect, indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees Landlord harmless from and against against, and shall reimburse Landlord for, any and all costs (including, without limitation, reasonable attorneys’ fees and expenses), damages, penalties, fines, expenses or losses arising from any and all claims, demands, losses, damages, liabilities (including strict liabilities), fines, penalties, charges, causes of action, injury to person, property or natural resources, administrative and judicial proceedings (including but no limited and orders, injunctive relief, judgments, investigative, assessment, corrective, response or remedial actions and enforcement actions of any kind, except to attorney's fees and expenses)the extent arising out of the gross negligence or willful misconduct of Landlord, arising directly or indirectly, in whole or in part, out of or attributable to any activity carried on Release (as hereinafter defined) or undertaken on threatened Release, resulting or off arising from, or related to, the Premisesactivities, during the term operations, business or occupancy of the lease and whether by Lessee Tenant. Tenant hereby expressly waives, for purposes of this Section 7 only, any immunity to which Tenant may otherwise be entitled under any industrial or any employeesworkers’ compensation laws. For purposes of this Section 7(a), “Landlord” shall include Landlord, its agents, contractors, employees and invitees. Notwithstanding anything contained herein, Tenant shall not be responsible for, and Landlord hereby agrees to defend (with counsel reasonably approved by Xxxxxx), protect, indemnify, and hold Tenant harmless from and against, and shall reimburse Tenant for, any and all costs (including, without limitation, reasonable attorneys’ fees and expenses), demands, damages, losses, cleanup costs, actions, causes of action, claims for relief, penalties, fines, expenses, and charges incurred, assessed, resulting from or subcontractors arising out of Lesseea Release resulting from the activities, operations or by occupancy of Landlord or contamination of the Premises existing on or before the Commencement Date. For purposes of this Section 7, “Tenant” shall include Tenant, its agents, contractors, consultants and employees. (b) The term “Release” shall have the same meaning as is ascribed to it in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.§ 9601 et seq., as amended (“CERCLA”). The term “Hazardous Substance” means (i) any third persons at substance defined as a “hazardous substance” under CERCLA, (ii) petroleum, petroleum products, natural gas, natural gas liquids, liquefied natural gas and synthetic gas, and (iii) any time occupying other substance or present on material deemed to be hazardous, dangerous, toxic or a pollutant under any federal, state or local law, code, ordinance or regulation. Tenant shall: (A) comply with all federal, state and local laws, codes, ordinances, regulations, permits and licensing conditions governing the PremisesRelease, in connection with the handlingdischarge, treatment, removal, storage, decontamination, cleanup, transport, emission or disposal of any Hazardous Materials Substance and prescribing methods for or other limitations on storing, handling or otherwise managing Hazardous Substances, (B) at its own expense, promptly contain and remediate any time located or present on, under or about Release of Hazardous Substances arising directly from Tenant’s Hazardous Substances in the Premises. Lessee shall immediately advise Lessor in writing of , the Park or the environment, and remediate and pay for any resultant damage to property, persons and/or the environment, (iC) any give prompt verbal and written notice to Landlord and all enforcementappropriate regulatory authorities of any Release of any Hazardous Substance in the Premises, cleanupthe Park or the environment arising directly from Tenant’s Hazardous Substances, remedialwhich Release is not made pursuant to and in conformance with the terms of any permit or license duly issued by appropriate governmental authorities, removal any such notice to include a description of measures taken or proposed to be taken by Tenant to contain and remediate the Release and any resultant damage to property, person or the environment, (D) at Landlord’s request from time to time, execute affidavits, representations and other governmental or regulatory actions instituteddocumentation concerning Xxxxxx’s best knowledge and belief regarding the presence of Hazardous Substances in the Premises, completed or threatened pursuant (E) prior to any Hazardous Materials Laws; Substance being brought upon or into the Premises, Tenant shall provide to Landlord any applicable safety data sheets regarding such Hazardous Substance and a written estimate of the amount of each such Hazardous Substance Tenant anticipates being brought onto or into the Premises, as well as the common and recognized chemical name of such Hazardous Substance (iiif not already shown on the applicable safety data sheet), (F) all claims made if any governmental agency or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity Landlord’s mortgagee requires environmental testing of the Premises that could cause subsequent to a Release by Tenant or in any way associated with, arising from or related to Tenant’s operations or activities, Tenant shall reimburse Landlord for the costs of such testing, and (G) prior to the expiration or termination of this Lease, at Landlord’s sole option which must be exercised and delivered to Tenant in writing prior to such expiration or termination, or at any other such time as Landlord has a reasonable belief a Release of Hazardous Substances has occurred at, on or under the Premises which is not being remediated by the Tenant according to the terms herein, Tenant shall retain, at Tenant’s sole cost and expense, a qualified environmental consultant reasonably acceptable to Landlord to conduct a “Phase II” environmental audit of the Premises to document the environmental condition of the Premises; provided however, that Landlord shall have the right but not the obligation, at Landlord’s sole cost and expense, to perform its own “Phase II” environmental audit at the same time as Tenant (though for purposes of clarity, Tenant and Landlord’s Phase IIs need not be subject to any restrictions completed on the ownershipsame day), occupancy, transferability or use of and thereafter Tenant shall surrender the Premises under to Landlord free from the presence and contamination of any LawsHazardous Substance resulting or arising from, or related to, the activities, operations, business or occupancy of Tenant. The provisions of this Section 7 shall survive the termination or expiration of this Lease.

Environmental Provisions. Lessee a. Tenant, at its sole cost and expense, shall keep comply with Environmental Laws. Tenant hereby indemnifies and maintain at all times shall indemnify, defend (with counsel selected by Landlord) and hold harmless Landlord, Landlord’s trustees, directors, officers, employees, investment manager(s), attorneys, agents and any successors to the landlord’s interest in the chain of title to the Building, their trustees, directors, officers, employees, and agents from and against all claims, suits, demands, response costs, contribution costs, liabilities, losses, or damages (including reasonable attorneys’ fees), directly or indirectly arising out of the use, generation, storage, transportation, release, threatened release, or disposal of Hazardous Materials (defined below) in the Premises or any other portion of the Building. The indemnity extends to the costs incurred by Landlord or its successors to reasonably repair, clean up, dispose of, or remove such Hazardous Materials in order to comply with Environmental Laws, provided Landlord gives Tenant not less than thirty (30) days advance written notice of its intention to incur such costs. Tenant’s obligations pursuant to the foregoing indemnification and hold harmless agreement shall survive the expiration or termination of this Lease. b. Tenant shall promptly deliver written notice to Landlord if it obtains knowledge sufficient to infer that Hazardous Materials are located on the Premises that are not in compliance with applicable Environmental Laws or if any third party, including, without limitation, any governmental agency, claims a significant or other disposal of Hazardous Materials occurred in the Premises or is being or has been released from the Premises. Upon reasonable written request of Landlord, Tenant, through its professional engineers, and at Tenant’s cost, shall not cause or permit thoroughly investigate suspected Hazardous Materials contamination of the premises to be in violation Premises which would arguably come within the scope of Tenant’s indemnification and hold harmless obligations as set forth above. Tenant, using duly licensed and insured contractors, shall promptly commence and diligently complete the removal, repair, clean-up, and detoxification of any federalHazardous Materials from the Premises as may be required by applicable Environmental Laws which comes within the scope of Tenant’s indemnification and hold harmless obligations as set forth above. Notwithstanding the foregoing, state or local Tenant shall have the right to bring on the Premises normal quantities of materials typically used for Tenant’s permitted use under Article 8, provided that such materials are stored and used in accordance with all applicable laws, ordinances or regulations relating to environmental conditions on, under or about the Premisesand regulations, including but not limited toall Environmental Laws. c. If Tenant breaches its covenants or obligations in this Article, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose if the presence of on, under or about Hazardous Materials on the Premises results in contamination of the Property, or transport to or from if contamination of the Premises any Hazardous Materials. Property by Hazardous Materials are otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, or if Landlord, any flammablelender or governmental agency requires an investigation to determine whether there has been any violation of this Article, explosivethen, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response Landlord and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees representatives shall have the right, at any reasonable time and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited time to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premises, time during the term of this Lease, to enter upon the lease Premises to perform monitoring, testing or other analyses, and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) to review any and all enforcementapplicable documents, cleanupnotices, remedial, removal correspondence or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or materials which may be in the vicinity possession of the Premises that could cause the Premises Tenant. All costs and expenses incurred by Landlord in connection therewith shall become due and payable by Tenant upon Landlord’s presentation to be subject to any restrictions on the ownership, occupancy, transferability or use Tenant of the Premises under any Lawsan invoice therefor.

Environmental Provisions. Lessee shall keep and maintain the Premises in compliance with and shall not cause or permit the premises to be in violation of any federal, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee (a) Tenant hereby agrees to defend (with counsel reasonably approved by Landlord), protect, indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees Landlord harmless from and against against, and shall reimburse Landlord for, any and all costs (including, without limitation, reasonable attorneys’ fees and expenses), damages, penalties, fines, expenses or losses arising from any and all claims, demands, losses, damages, liabilities, fines, penalties, charges, causes of action, injury to person, property or natural resources, administrative and judicial proceedings and orders, injunctive relief, judgments, remedial action requirements and enforcement actions of any kind (including INCLUDING THOSE ARISING OUT OF THE NEGLIGENCE OF LANDLORD, but no limited excluding, with respect to attorney's fees and expensesLandlord, those arising out of the gross negligence or willful misconduct of Landlord), arising directly or indirectly, in whole or in part, out of or attributable to any activity carried on Release (as hereinafter defined) or undertaken on threatened Release, whether foreseeable or off the Premisesunforeseeable, which (A) occurs during the term Term and is the result of an omission or action by Tenant or (B) occurs after the expiration of the lease and whether Term but is nevertheless the result of an action or omission by Lessee Tenant during the Term. Tenant hereby expressly waives, for purposes of this Section 8 only, any immunity to which Tenant may otherwise be entitled under any industrial or any employeesworkers’ compensation laws. For purposes of this Section 8(a), “Landlord” shall include Landlord, its agents, contractors, employees and invitees. Notwithstanding anything contained herein, Tenant shall not be responsible for, and Landlord hereby agrees to defend (with counsel reasonably approved by Tenant), protect, indemnify, and hold Tenant harmless from and against, and shall reimburse Tenant for, any and all costs (including, without limitation, reasonable attorneys’ fees and expenses), demands, damages, costs, losses, cleanup costs, actions, causes of action, claims for relief, penalties, fines and charges incurred, assessed, resulting from or subcontractors arising out of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal presence of any Hazardous Materials at any time located or present Substance on, in or under the Premises or about the Park (and any off-site property when such Hazardous Substance emanated from the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from the activities, operations or occupancy of Landlord or any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity other tenant of the Premises that could cause or the Park or the presence of any Hazardous Substance on, in or under the Premises or the Property existing prior to be subject to any restrictions on the ownershipdate of this Lease. For purposes of this Section 8(a), occupancy“Tenant” shall include Tenant, transferability or use of the Premises under any Lawsits agents, contractors and employees.

Environmental Provisions. Lessee (a) Notwithstanding any other provision of this Lease, the Tenant and the Tenant’s Parties shall keep and maintain the Premises in compliance fully comply with and shall not cause or permit the premises all Environmental Laws applicable to be in violation of any federal, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil Building and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about Lands and the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materialsTenant's use and occupation thereof, including but not limited to "hazardous substances" as defined the delivery, handling and disposal of Contaminants on the Premises, Lands and or Building, in the Comprehensive care, custody and or control of the Tenant and or the Tenant’s Parties. (b) If the Landlord or Tenant, and or the Tenant’s Parties, receives an order, notice or directive under an Environmental Response Law (“Offence”), and Liability Act of198oor is convicted of an Offence, 42 U.S.C. 9601 etwhich relates to Contaminants, and or Contaminant Activities at the Premises, Lands or the Building, and such Offence is not rectified in accordance with Environmental Laws, forthwith, by the Tenant, then the Landlord shall have the option, at its sole discretion, to: (i) take reasonable steps to remedy such Offence, at the sole cost and expense of the Tenant, and such costs incurred by the Landlord shall be deemed to be Rent under this Lease and shall be immediately due and owing by the Tenant to the Landlord upon receipt of an invoice for same delivered to the Tenant from the Landlord; or [*****] Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. seq. Lessee hereby agrees Confidential treatment has been requested with respect to indemnify Lessorthis omitted information. (ii) if the Offence has an adverse impact on the Premises, its officersBuilding or Lands, directorsterminate this Lease, agents in the event the Tenant is unable or unwilling to remedy the Offence, as set out in the first paragraph of (ib) above, forthwith by notice in writing, and employees the Landlord shall not be liable for any losses or damages of any kind however caused arising out of such termination, and the Tenant shall indemnify, defend with counsel, and hold LessorLandlord and the Landlord Beneficiaries, its officers, directors, agents and employees harmless from and against any and all claims, lossesdamages, costs, expenses and liabilities arising out of any attempt by the Landlord to remedy such Offence, and this indemnity shall survive the termination of the Lease, for the period of time allowable in law. (c) The Tenant shall obtain and comply with the terms of all licenses, certificates of approval, permits, orders, directives and other requirements under applicable Environmental Law for the safe and lawful conduct of its business at or from the Premises, Buildings and Lands. (d) The Tenant will not use pesticides in the Premises or the Building unless the Tenant has first obtained prior written consent from the Landlord to do so and has obtained all necessary permits or approvals required under applicable Environmental Law. (e) The Tenant, and the Tenant’s Parties, shall not cause or allow any Contaminant to be used, generated, transported, stored, discharged, spilled, emitted to air or disposed of on, under, above or about, or transported to or from, the Building, Lands, the Common Areas and or the Premises (collectively the " Contaminant Activities") except in strict compliance, at the Tenant's expense, with all applicable Environmental Laws and the reasonable requirements of the Landlord, and using all necessary and appropriate precautions which a cautious, diligent and prudent operator would exercise. (f) The Landlord shall not be liable to the Tenant for any Contaminant Activities conducted or permitted by the Tenant or the Tenant’s Parties in or about the Building, the Common Areas, Lands and or the Premises during the Term and any extensions and or renewals thereof, however caused, whether or not consented to by the Landlord. The Tenant, shall indemnify, defend with counsel, and hold the Landlord and those for whom the Landlord is responsible in law and contract harmless from and against any claims, damages, liabilitiescosts, fines, penalties, charges, administrative expenses and judicial proceedings (including but no limited to attorney's fees and expenses), or liabilities arising directly or indirectly, in whole or in part, out of any activity carried on and all such Contaminant Activities conducted or undertaken on or off permitted by the PremisesTenant, during and the term Tenant’s Parties (including without limitation the full amount of all legal and consultants’ fees and expenses and the costs of removal, treatment, storage and disposal of Contaminants and remediation of the lease Premises and whether any adjacent property), and this indemnity shall survive the termination of the Lease, for the period of time allowable in law. (g) The Tenant shall immediately notify the Landlord both by Lessee telephone and in writing of any actual, alleged or any employeessuspected Discharge and the Landlord, agents, contractors, or subcontractors of Lessee, or by any third persons its representatives and employees may enter the Premises at any time occupying or present on during the PremisesTerm to inspect the Tenant's compliance herewith. (h) The Tenant shall also be responsible for proper disposal of all Contaminants and other materials which require special disposal measures, in connection including oil, kitchen waste and grease. [*****] Confidential Information has been omitted and filed separately with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the PremisesSecurities and Exchange Commission. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant Confidential treatment has been requested with respect to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsthis omitted information.

Environmental Provisions. Lessee shall keep (a) The Tenant covenants and maintain agrees on behalf of itself and its sublessees and assigns that it shall, at its sole cost and expense at all times throughout the Premises Term and any, overholding, extension or renewal thereof, observe and otherwise comply with, and cause its sublessees to observe and comply with, all federal, provincial or municipal laws, regulations and requirements relating in compliance with any way to the protection of the environment which affect the Leased Premises, the use and occupation thereof by the Tenant, its sublessees and/or the business conducted thereupon by the Tenant or its sublessees including without limitation the Environmental Protection Act (Ontario) and the regulations promulgated thereunder (collectively, the "Environmental Laws"). Without limiting the generality of the foregoing, the Tenant covenants and agrees that it shall not cause or permit the premises any hazardous or toxic substance, material or chemical, as defined or declared to be such pursuant to any Environmental Laws (hereinafter called a "Hazardous Substance"), to be brought upon, stored, kept or used in violation of any federal, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Leased Premises or transport any part thereof other than any Hazardous Substance that is used in the ordinary course of the business carried on at the Leased Premises and which is stored, kept and used in strict compliance with all Environmental Laws pertaining thereto. Upon the expiration or earlier termination of this Lease, the Tenant shall cause each and every Hazardous Substance which is then located on the Leased Premises to or be removed from the Leased Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in compliance with all Environmental Laws. (b) The Tenant shall forthwith provide the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole or in part, out Landlord with written notice of any activity carried on order, direction, notice of default or undertaken on legal action which has been issued and is outstanding or off the Premises, during the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or is threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee Environmental Laws relating to the Leased Premises, the use and occupation of the Leased Premises or the business carried on at the Leased Premises relating and which the Tenant has received. (c) The Landlord and its agents, servants, employees and representatives shall have the right (but not the obligation) to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Laws.inspect

Environmental Provisions. Lessee shall keep A. Tenant represents and maintain warrants that all materials and chemicals used in the normal course of its business are classified as Generally Regarded as Safe (“GRAS”) by the Food and Drug Administration (“FDA”). Tenant represents and warrants that it will not conduct any activities on the Demised Premises or in compliance with and shall not cause or permit the premises to be in Building which may constitute a violation of any federalenvironmental law, state statute and/or regulation. Tenant agrees not to employ or local laws, ordinances or regulations relating to environmental conditions on, under or about utilize the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Demised Premises or transport the Building for the purpose of disposing, treating, storing, handling or transporting any materials which may be deemed to constitute “Hazardous or from the Premises any Hazardous Toxic Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby ”. B. Tenant agrees to defend, indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees Landlord harmless from and against any and all claimsClaims, lossesas hereinafter defined, damageswhich Landlord may hereafter become liable for, liabilitiessuffer, finesincur or pay arising under any applicable laws and resulting from any activity, penaltiesact or violation of this Article on the part of Tenant, chargesits agents, administrative employees, or assigns. In addition, Tenant agrees to defend, indemnify and judicial proceedings (including but no limited to attorney's fees hold Landlord harmless against any and expenses)all Claims which Landlord may hereafter be liable for, suffer, incur, or pay resulting from or arising directly or indirectly, in whole or in part, out of any activity carried on or undertaken on or off the Premiseshandling, during the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handlingstorage, treatment, removaltransportation, storagedisposal, decontaminationand/or release of GRAS, cleanupHazardous or Toxic Materials from or on the Demised Premises or the Building. C. The term “Claims” shall mean and include all actions, transportcauses of action, whether common law or disposal statutory, demands, remedies, liability, suits, judgments, expenses, personal injuries, property damages, incidental and consequential damages resulting thereby, clean up costs, civil penalties, reasonable attorneys’ fees, litigation expenses, abatement costs, abatement and corrective relief, injunctive relief requiring removal and/or remedial action, all costs of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions institutedremedial action, completed or threatened pursuant and damages to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsnatural resources.

Environmental Provisions. Lessee shall keep Landlord warrants to Tenant that (i) no Hazardous Material (as defined below) or underground storage tank is or has been stored, used, disposed of or otherwise located in, on or about the demised premises, and maintain no part of the Premises demised premises is contaminated by any Hazardous Material; (ii) the demised premises are in compliance with all Environmental Laws (as defined below), and (iii) the demised premises have never been the subject of an environmental audit or assessment, or remedial action for an environmental problem. If any Hazardous Material is found on, in or about the demised premises, it shall not cause be immediately removed by Landlord at Landlord's expense, with proper disposal, and all required environmental response procedures shall be diligently undertaken pursuant to all applicable Environmental Laws, unless Tenant has brought such Hazardous Material to the demised premises. Landlord shall, upon receipt of any environmental sampling or permit testing results relating in any manner to the premises demised premises, provide Tenant with copies of documents relating to be such environmental investigations. In the event of (i) breach of any warranty, representation, covenant or agreement in this section by Landlord, (ii) the discovery of any Hazardous Material on, in or about the demised premises, or (iii) the discovery of any violation of any federalEnvironmental Law with respect to the demised premises, state or local laws, ordinances or regulations relating Tenant may at any time thereafter terminate this Lease by written notice to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditionsLandlord. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee Landlord hereby agrees to indemnify Lessorindemnify, defend and hold harmless Tenant, its officers, directors, agents shareholders, employees, agents, successors and employees and hold Lessorassigns, its officers, directors, agents and employees harmless from and against any and all claims, damages, actions, proceedings, costs, requirements, judgments, losses, damages, liabilitiespenalties, fines, penaltiessettlements, charges, administrative liens and judicial proceedings liabilities of any kind (including but no limited to attorney's without limitation attorneys' fees and expenses)court costs, and consultant and expert witness fees) (hereinafter collectively, the "Environmental Costs") arising in any manner, directly or indirectly, in whole or in part, out of or by reason of (1) any activity carried breach of any of the warranties, representations, covenants or agreements in this Paragraph 17 by Landlord, (2) any violation or alleged violation of any Environmental Law by Landlord, and/or (3) any contamination or threatened or suspected contamination of the demised premises by any Hazardous Material that does not result solely and directly from Hazardous Materials brought on the demised premises by Tenant. Landlord's warranties, representations, covenants and agreements under this Paragraph 17 shall survive the expiration or undertaken on or off the Premises, during sooner termination of the term of the lease and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or use of the Premises under any Lawsthis Lease.

Environmental Provisions. Lessee Tenant covenants and agrees, effective as of the date of this lease and continuing during the term thereof, as follows: a. The use and operation of the demised premises shall keep at all times be in full compliance with the then applicable Environmental Law; b. Tenant shall timely obtain all environmental permits, licenses, certificates, applications, and maintain approvals (hereinafter Environmental Permits) that are necessary or required by applicable Environmental Law to conduct its business and operations as then being conducted, and Tenant shall comply with the terms and provisions of such Environmental Permits; c. Neither Tenant nor any other person shall bring onto, use, store, generate, or transport any Hazardous Materials in, on or under, the Demised Premises except in a reasonable and prudent manner so as to prevent the release or threat of release of any hazardous material on, onto, or from the demised premises and except in compliance with applicable Environmental Law; d. Neither Tenant nor any other person shall treat, process, dispose of, recycle, or incinerate any hazardous materials on the demised premises; e. If Tenant elects to bring, use, store, generate or transport specific hazardous materials on the demised premises in connection with the business and operations conducted by Tenant, Tenant shall: 1) Use, store, dispose of and transport such hazardous materials in accordance with applicable environmental law; 2) Prepare and maintain accurate and detailed records with respect to such hazardous materials as required by applicable environmental law or environmental permits; 3) Prepare and submit all reports with respect to such hazardous materials as required by applicable environmental law or environmental permits; and 4) Furnish to Landlord upon request a copy of all records and reports with respect to such hazardous materials. f. Tenant shall not cause construct or permit install any underground or aboveground storage tanks in, on, or under the demised premises without prior written consent of Landlord. g. Tenant shall regularly inspect the demised premises to be monitor and assure that the demised premises are at all times in violation full compliance with applicable environmental law. h. Tenant shall protect to the best of any federalits ability the demised premises against intentional or negligent acts or omissions of third parties which might result, state or local laws, ordinances or regulations relating to environmental conditions on, under or about the Premises, including but not limited to, soil and groundwater conditions. Lessee shall not use, generate, manufacture, store or dispose of on, under or about the Premises or transport to or from the Premises any Hazardous Materials. Hazardous Materials are any flammable, explosive, radioactive, toxic or other related materials, including but not limited to "hazardous substances" as defined in the Comprehensive Environmental Response and Liability Act of198o, 42 U.S.C. 9601 et. seq. Lessee hereby agrees to indemnify Lessor, its officers, directors, agents and employees and hold Lessor, its officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings (including but no limited to attorney's fees and expenses), arising directly or indirectly, in whole the release of hazardous materials on the demised premises in violation of applicable environmental law and if Tenant fails to take appropriate action (as determined by Landlord) to protect the demised premises within fifteen (15) days after written notice from the Landlord, then the Landlord may, but shall not be obligated to, take such action Landlord considers necessary or appropriate, at the expense of Xxxxxx, to protect the demised premises against the release of hazardous materials in partviolation of the applicable environmental law as a result of the intentional or negligent acts or omissions of third parties. Nothing herein shall be construed so as to relieve any party from liability for any act or omission. i. If any hazardous materials are released in, out of any activity carried on on, under, or undertaken on or off from the Premises, demised premises during the term of the lease this lease, except for Premiere Baseball and whether by Lessee or any employees, agents, contractors, or subcontractors of Lessee, or by any third persons at any time occupying or present on the Premises, in connection with the handling, treatment, removal, storage, decontamination, cleanup, transport, or disposal of any Hazardous Materials at any time located or present on, under or about the Premises. Lessee shall immediately advise Lessor in writing of (i) any and all enforcement, cleanup, remedial, removal or other governmental or regulatory actions instituted, completed or threatened pursuant to any Hazardous Materials Laws; (ii) all claims made or threatened by any third party against Lessee or the Premises relating to damage, contribution, cost recovery compensation, loss, or injury resulting from any Hazardous Materials; and (iii) Lessee's discover of any occurrence or condition on any real property adjoining or in the vicinity of the Premises that could cause the Premises to be subject to any restrictions on the ownership, occupancy, transferability or times Landlord has exclusive use of the Premises premises, Tenant shall immediately (within 24 hours of discovery) notify the Landlord and all applicable governmental agencies having competent jurisdiction of the occurrence of the release of hazardous materials. Tenant shall immediately furnish or make available to the Landlord and governmental entities all information, documents, and communications whether electronic or in hard copy. j. Tenant shall treat, store, dispose of and transport the hazardous materials, including any contaminated soil, water and other environmental media at the sole cost of the Tenant and in accordance with applicable environmental law. k. In the event that Xxxxxx fails to immediately commence on a timely basis and/or diligently prosecute an appropriate response action, at the expense of Tenant, Landlord shall have the right, but not the obligation, to conduct all response action at the expense of Tenant that Landlord considers necessary or appropriate under applicable environmental law and environmental permits, to clean up the hazardous materials that have been released in, on, or under, the demised premises. Tenant shall have no responsibility for correcting or remediating any Lawsenvironmental condition with respect to the demised premises that existed prior to the date of this lease.