Common use of Environmental Requirements Clause in Contracts

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall will not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on engage in activities in or about the Premises during Property which involve the Termgeneration, manufacturing, refining, transportation, treatment, storage, emission, release, disposal or handling of hazardous substances, hazardous wastes or hazardous materials (hereinafter collectively called "Hazardous Substances") as such terms are defined under applicable federal, state and/or municipal laws or common law, as they may be amended from time to time, concerning the protection of the environment (hereinafter collectively called "Environmental Statutes") except that cleaning solutions and other than Permitted Materials maintenance materials that are or contain Hazardous Substances may be used, generated, handled or stored on the Premises, provided such is incident to and handled reasonably necessary for the operation and maintenance of the Premises as permitted under the provisions of this Lease and is in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to laws. Should any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material Substances or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto solid waste occur at the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release reason of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or Tenant, its agents, officersemployees or invitees, employeesthe Tenant shall immediately take all measures necessary to contain, contractors, invitees remove and dispose off of the Property of all materials released or licensees during contaminated by the Term, Tenant shall, at Tenant’s sole cost release and expense, promptly undertake remedy and mitigate all remedial measures required threats to clean up and xxxxx public health or otherwise respond the environment relating to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives When conducting any such measures the Tenant shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from LandlordStatutes. (b) Landlord represents and warrants to Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations as of the date hereof to the best of its knowledge: (a) the Property is free of any nature asbestos or any other Hazardous Substances; and (including reasonable attorneys’ fees and disbursements incurred b) neither the Property nor Landlord is in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, violation of any Hazardous Material introduced Environmental Statutes or permitted on is the subject of any existing, pending or about or beneath the Premises threatened investigation by any act or omission governmental authority with respect to a violation of Tenant or its agents, officers, employees, or contractors on or after the Commencement Dateany Environmental Statutes. Notwithstanding anything contained in the Lease herein to the contrary, Tenant’s obligations and shall comply with all Environmental Statutes having jurisdiction over the Property with respect to remediation the presence or removal of Hazardous Materials Substances, provided that the same was not installed by, stored or brought on the Property by Tenant, in which case Tenant shall be solely responsible for such compliance and to indemnify Landlord for removal. If Hazardous Materials at Substances are discovered in the Premises shall only apply prior to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. , Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, complete such removal prior to delivery of any Hazardous Material introduced on or about or beneath possession of the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Dateto Tenant. (c) Tenant and Landlord agree to indemnify, defend and hold each other harmless of, from and against any and all expense, loss, cost or liability incurred or suffered by reason of the other party's breach of the terms of this Article 33. The liability obligations of Tenant and Landlord and Tenant under this Section 4.3 Article 33 shall survive the any expiration of termination of this Lease with respect to acts or omissions that occur before such terminationLease.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant The Grant Recipient shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about perform the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and Funded Activities in accordance with the terms Authority’s environmental policy, which is to conserve energy, water, wood, paper and conditions other resources, reduce waste and phase out the use of Section 4.5 belowozone depleting substances and minimise the release of greenhouse gases, volatile organic compounds and other substances damaging to health and the environment. The Grant Recipient shall pay due regard to the use of recycled products, so long as they are not detrimental to the provision of the Funded Activities or the environment, to enter include the Premises use of all packaging, which should be capable of recovery for re-use or recycling. The Grant Recipient shall take all possible precautions to ensure that any equipment and materials used in the provision of the Funded Activities do not contain chlorofluorocarbons, halons or any other damaging substances, unless unavoidable, in which case the Authority shall be notified in advance of their use. The Grant Recipient shall endeavour to reduce fuel emissions wherever possible. The Grant Recipient [shall agree in advance with the Authority any plans to purchase or improve any Fixed Assets at any reasonable time a cumulative cost exceeding [ £x please insert [and] must keep a register of all Fixed Assets [and/or Major Assets] acquired or improved at a cost exceeding [£ please insert], wholly or partly using the Grant provided under the Grant Funding Agreement. Where the cost of purchasing or improving the Fixed Assets [ and/or Major Assets] is less than [£ please insert] ] authorisation is not required, but the Asset should be recorded on the fixed asset register. Assets purchased with Grant funding must only be used for delivery of the purpose Funded Activities. For each entry in the register the following particulars must be shown where appropriate: date of inspecting acquisition or improvement; description of the storageAsset; cost, use and handling net of recoverable VAT; location of the Asset; serial or identification numbers; location of the title deeds; date of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling Disposal; depreciation/amortisation policy applied; proceeds of any Hazardous Material on Disposal net of VAT; and the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations identity of any nature (including reasonable attorneys’ fees and disbursements incurred person to whom the Asset has been transferred or sold. The Authority reserves the right to require the Grant Recipient to maintain the above particulars as set out in 18.3.1-18.3.10 for any additional items which the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease Authority considers material to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Dateoverall Grant. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times be in existence during the Term store of the Lease (collectively, “Environmental Laws”). Tenant shall obtain all Hazardous Materials in a manner that protects environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (collectively, “Permits”) and make all applicable filings required of Tenant under the Premises Environmental Laws required by Tenant to operate at the Premises. The Permits and the environment from accidental spills required filings shall be made available for inspection and releases; (iv) copying by Landlord at Tenant’s offices upon reasonable notice and during business hours. Tenant shall not cause or permit any flammable explosive, petroleum products, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (collectively, “Hazardous Materials”) to occur during be brought upon, kept or used in or about the Term Premises except for small quantities of such substances as is necessary in the ordinary course of Tenant’s business provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Material in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises. If any lender or governmental agency ever requires testing to ascertain whether or not there has been any release of any Hazardous Material Material, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises. Tenant shall, from time to time, at Landlord’s request, execute such other affidavits, representations and the like concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Materials on the Premises. Except to the extent caused by the negligence or willful misconduct of Landlord or its agents or employees, Tenant will indemnify and hold Landlord harmless from any condition liability, claim or injury, including reasonable attorneys’ fees, and the cost of pollution any required or nuisance on necessary repair, cleanup, remediation or detoxification, arising out of (1) the use, manufacture, handling, storage, disposal or release of any Hazardous Materials by Tenant, its agents and employees on, under or about the Premises, whether affecting surface water or groundwater, air, (2) an actual or alleged violation of Environmental Laws in connection with the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto occupancy of the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from any occupant of the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant or the operation of Tenant’s business on the Premises after during the Effective Date (as defined in the Purchase Agreement)Lease Term; provided further, that Tenant shall not be liable for any environmental contamination that originates off of and (vi) if any unauthorized release of a Hazardous Material migrates to the environment results in any condition of pollution Premises. Tenant’s liability under this Section 8 is limited to the liability caused by the actions, omissions or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission negligence of Tenant or its agents, officers, Tenant’s employees, invitees, agents or contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost . The foregoing covenants and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 indemnification shall survive the termination expiration of the Term of this Lease with respect to acts or omissions that occur before such terminationLease.

Environmental Requirements. (a) Except for Hazardous Materials contained in products used by Tenant hereby agrees that: (i) in de minimis quantities for ordinary cleaning and office purposes, Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, -14- <PAGE> party to bring any Hazardous Material in, on upon the Premises or store or use any Hazardous Material in or about the Premises during without Landlord's prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Term, other than Permitted Materials that are used, stored and handled Premises in compliance with all applicable Environmental Laws Requirements and good shall immediately remediate any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance released on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises Project by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with invitees. The term "Environmental Requirements" means all applicable Environmental Laws. Landlord present and Landlord’s representatives shall have the rightfuture statutes, but not the obligationregulations, upon reasonable prior notice ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to Tenant and in accordance with the terms and health, safety, or environmental conditions of Section 4.5 belowon, to enter under, or about the Premises at or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any reasonable time for the purpose of inspecting the storageregulations or policies promulgated or issued thereunder. The term "Hazardous Materials" means and includes petroleum (as defined in CERCLA) and any substance, use and handling of material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental LawRequirements. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises or the Project and loss of rental income from the Project), claims, demands, actions, judgmentssuits, liabilitiesdamages (including, costswithout limitation, punitive damages), expenses (including, without limitation, remediation, corrective action, or cleanup expenses), lossesand costs (including, damageswithout limitation, penaltiesactual attorneys' fees, fines and obligations of any nature (including reasonable attorneys’ consultant fees and disbursements or expert fees) which are brought or recoverable against, or suffered or incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that by Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any release of Hazardous Material introduced Materials for which Tenant is obligated to remediate as provided above or permitted on or about or beneath any other breach of the Premises requirements under this Paragraph 30 by any act or omission of Tenant or Tenant, its agents, officers, employees, contractors, subtenants, assignees or contractors on or after the Commencement Dateinvitees, regardless of whether Tenant had knowledge of such noncompliance. Notwithstanding anything contained in the Lease to the contrary, Tenant’s The obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises Tenant under this Paragraph 30 shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Datesurvive any termination of this Lease. Landlord shall indemnify have access to, and defend a right to perform inspections and tests of, the Premises to determine Tenant's compliance with Environmental Requirements, its obligations under this Paragraph 30, or the environmental condition of the Premises. Access shall be granted to Landlord upon Landlord's prior notice to Tenant against and hold Tenant harmless from all Claims at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant's operations. Such inspections and tests shall be conducted at Landlord's expense, unless such inspections or tests reveal that Tenant may incur as a result ofhas not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of no way waives any Hazardous Material introduced on or about or beneath the Premises by any act or omission of rights that Landlord or its agents, officers, employees or contractors on or after the Commencement Dateholds against Tenant. 31. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not useTENANT shall, store if at any time TENANT or otherwise handleLANDLORD believes or has any suspicion that there are materials or wastes located on or under the property which, under any Environmental Requirement require special handling in collection, storage treatment, or permit any usedisposal, storage take or other handling ofcause to be taken within thirty (30) days after written notice thereof, any Hazardous Material inat its sole expense, on such investigations or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Termtests or otherwise, and Tenant shall at all times during the Term if they exist, then to comply with all applicable Environmental LawsRequirements. If TENANT fails to take such actions, LANDLORD may make advances or payments towards performance or satisfaction of the same, but shall be under no obligation so do to; (iii) Tenant shall not install after the Commencement Date and all sums so advanced or paid, including all sums advanced or paid in connection with any aboveground judicial or underground storage tank administrative investigation or any subsurface lines for the storage proceeding relating thereto, including, without limitation, reasonable attorneys' fees, including paralegal assistants, fines or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewerother penalty payments, and Tenant any losses, claims, expenses, damages and liabilities suffered or incurred by LANDLORD, directly or indirectly, because of TENANT'S failure to take such actions (including but not limited to tests, inspections, clean-up or removal, etc.), shall be at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit once repayable to occur during the Term any unauthorized release LANDLORD. Failure of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases TENANT to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials comply with this Section and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); Environmental Requirements shall constitute and (vi) if any unauthorized release be a default under these Lease Agreement and LANDLORD shall be entitled to all remedies hereunder arising out of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements TENANT'S breach of this Lease and applicable Environmental LawAgreement. If Landlord gives written TENANT shall give LANDLORD prompt notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease notice it receives concerning Waste or applicable material problem(s) under any Environmental LawRequirement, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations or of any nature (including reasonable attorneys’ fees and disbursements incurred in administrative review, claim, demand, action or suit, threatened or instituted against LANDLORD or TENANT or anyone having any relationship to the investigationproperty, defense or settlement by reason of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release with any Waste or other handling, on or about or beneath the Premises, of material problem under any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement DateEnvironmental Requirements. Notwithstanding anything contained in the Lease TENANT shall remain totally liable for all damages and losses to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant LANDLORD under this Section 4.3 as to any and all hazardous and/or toxic waste materials, products and violations caused by or in behalf of TENANT, TENANT'S agents, guests, invitees and employees and TENANT shall survive be responsible for all costs and expenses to correct any environmental violations or remove any hazardous waste or hazardous materials. TENANT shall not be liable for any costs and expenses to correct any environmental violations or remove any hazardous waste or hazardous materials which are in existence prior to TENANT'S occupancy of the termination demised premises. LANDLORD, to the best of this Lease with respect to acts LANDLORD'S knowledge, is not aware of any environmental violations, hazardous waste, hazardous materials or omissions that occur before such terminationradon gas affecting the real property and/or improvements containing the demised premises.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Prohibition/Compliance/Indemnity. Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to occur be brought upon, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant or any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials in the Premises during the Term any unauthorized release of any Hazardous Material or any condition holding over results in contamination of pollution or nuisance on or about the Premises, whether affecting surface water the Project or groundwater, airany adjacent property or if contamination of the Premises, the land Project or the subsurface environment; (v) Tenant shall promptly remove from the Premises any adjacent property by Hazardous Material which is introduced onto Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. anyone other than Landlord and Landlord’s representatives employees, agents and contractors otherwise occurs during the Term or any holding over, Tenant hereby indemnifies and shall have defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the rightPremises or the Project, but or the loss of, or restriction on, use of the Premises or any portion of the Project), expenses (including, without limitation, attorneys', consultants' and experts' fees, court costs and amounts paid in settlement of any claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the obligationenvironment, upon reasonable prior notice to water tables or natural resources), liabilities or losses (collectively, “Environmental Claims”) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by any federal, state or local governmental authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises, the Project or any adjacent property caused or permitted by Tenant or any Tenant Party results in any contamination of the Premises, the Project or any adjacent property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the terms and conditions Premises, the Project or any adjacent property to the condition existing prior to the time of Section 4.5 belowsuch contamination, to enter the Premises at provided that Landlord's approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material material adverse long-term or short-term effect on the Premises in order to determine Tenant’s compliance with or the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from LandlordProject. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. The Grantor covenants and warrants that there are no materials presently located on the Secured Property which, under federal, state or local law, statute, ordinance or regulations; or court or administrative order or decree; or private agreement (a) Tenant hereby agrees that: (i) Tenant shall not usehereinafter collectively referred to as the “Environmental Requirements”), store or otherwise handlerequire special handling in collection, storage, treatment, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) disposal (collectively, “ClaimsHazardous Materials”) and that Landlord Grantor will not place or permit to be placed any such Hazardous Materials on the Secured Property. Grantor hereby covenants and agrees that, if at any time it is determined that there are Hazardous Materials located on the Secured Property, Grantor shall, within thirty (30) days after written notice thereof, take or cause to be taken, at its sole expense, such actions as may incur as a result ofbe or necessary to comply with all Environmental Requirements. If Grantor shall fail to take such action, the Beneficiary or Trustee may make advances or payments towards performance or satisfaction of the same but shall be under no obligation to do so. All sums so advanced or paid, including all sums advanced or paid in connection withwith any judicial or administrative investigation or proceeding relating thereto, claims arising including, without limitation, reasonable attorneys’ fees, fines or other penalty payments, shall be at once repayable by Grantor and shall bear interest at the rate of one (1) percentage point per annum above the rate set forth in the Note, from the presencedate the same shall become due and payable until the date paid, useand all sums so advanced or paid, storagewith interest as stated above, transportationshall become a part of the indebtedness secured hereby. Failure of Grantor to comply with all Environmental Requirements shall constitute and be an Event of Default under this Deed of Trust. Grantor shall indemnify, treatmenthold harmless and defend Beneficiary, disposalits officers, release directors, shareholders, partners, employees and trustees and the heirs, legal representatives, successors and assigns of each of the foregoing from and against all proceedings, claims, damages, penalties and costs, including fees and out-of-pocket expenses of attorneys and expert witnesses, investigatory fees, and remediation costs, whether incurred in connection with any judicial or other handlingadministrative process or otherwise, on arising directly or about or beneath the Premises, indirectly from any breach by Grantor of any Hazardous Material introduced covenant, representation or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Datewarranty set forth in this Section 2.4. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, Grantor will remain totally liable hereunder regardless of any Hazardous Material introduced on or about or beneath the Premises by any act or omission other provisions which may limit recourse. The provisions of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 2.4 shall survive the termination of this Lease with respect to acts or omissions that occur before such terminationindefinitely.

Environmental Requirements. (a) Tenant understands that the Property is underlain by a plume of contaminated groundwater that comprises two Superfund sites: the former Naval Air Station Xxxxxxx Field; and the Middlefield-Xxxxx-Xxxxxxx site. Tenant understands that the groundwater is contaminated with solvents and petroleum hydrocarbons. Tenant hereby acknowledges receipt of the environmental reports listed on attached Exhibit D. Tenant hereby agrees that: (ia) Tenant shall not conduct, or permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, which is not a Permitted Material on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practicesPremises; (iic) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the TermPremises, and Tenant shall at all times during the Term comply with all applicable Environmental LawsLaw; (iiid) Tenant shall not engage in the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewerin accordance with Environmental Law, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises Premises, the Buildings, the Property and the environment from accidental spills and releases; (ivf) Tenant shall not cause or permit to occur any (and shall not allow any third party other than Landlord on the Premises during the Term any unauthorized to) release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (vg) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced introduced, or permitted to be introduced, onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced handled by Tenant or permitted on the Premises after the Effective Date by Tenant; (as defined in the Purchase Agreement); and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from or either Building as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Termlicensees, Tenant shallTenant, at Tenant’s sole cost and expense, shall promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized the release, pollution or nuisance in accordance with all applicable Environmental LawsLaw; and (i) Tenant shall obtain its own identification number from the United States Environmental Protection Agency (and all applicable state and local agencies) and shall store, handle, transport and dispose of all hazardous waste generated by Tenant BE 543 154 EUL 1st Amend Final 110112 SAA2 – 402658 on or about the Premises in accordance with all applicable Environmental Law. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten five (105) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Landlord to the extent required by Environmental Laws. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted existing on or about or beneath the Premises caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Datelicensees (collectively ‘Tenant Contamination’). Landlord hereby agrees to release Tenant from, and shall indemnify and defend not charge Tenant against and hold Tenant harmless from all Claims that Tenant may incur for, any liabilities, costs, expenses, losses, damages, penalties, fines or obligations of any nature as a result of, or in connection withwith any Hazardous Materials existing at the Property that are not Tenant Contamination, claims arising from except to the presenceextent that Tenant or its employees, useagents, contractors or invitees exacerbates or causes a release of any such existing Hazardous Materials. Except for the storage, transportation, treatment, disposal, release or other handling, transportation (including execution of manifests) and disposal of hazardous waste generated by Tenant on or about or beneath the Premises, Tenant’s activities that comply with the permitted use of any Hazardous Material introduced on or about or beneath the Premises set forth in the Basic Lease Information will be included in NASA’s sitewide permits and plans, as applicable, such as the Spill Prevention Control and Countermeasures Plan, the Storm Water Pollution Prevention Plan, the above ground storage tank statement, the Sunnyvale Industrial Waste Water permit, the Environmental Resources Document, and the Integrated Natural Resources Management Plan. Coverage in these and other sitewide plans is included in the cost of ISP Services (as defined in section 6.1). Tenant shall promptly supply information to the NASA Environmental Office (Code JQ) that is needed to complete these documents, and comply with the conditions of these permits. Tenant, at its sole cost, is responsible for obtaining an identification number from the United States Environmental Protection Agency, and obtaining hazardous materials storage permits and air permits required by any act or omission Environmental Law for Tenant’s use of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) Premises. The liability of Landlord and Tenant under this Section section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.” BE 543 154 EUL 1st Amend Final 110112 SAA2 – 402658 (e) Section 8.2(d) of the Lease is hereby amended by adding the following sentence immediately before the last section of section 8.2(d): “The Full Insurable Replacement Value of the Additional Building initially shall be four hundred fifty thousand dollars ($450,000.00).”

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant hereby agrees that: (i) in its manufacturing processes or in de minimis quantities for ordinary cleaning and office purposes, Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material inupon the Premises or transport, on store, use, generate, manufacture or release any Hazardous Material in or about the Premises during without Landlord’s prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Term, other than Permitted Materials that are used, stored and handled Premises in strict compliance with all applicable Environmental Laws Requirements and good shall remediate in a manner satisfactory to Landlord any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities released on or from the Premises during the Term, and Tenant shall at all times during the Lease Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance otherwise released on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant’s transportation, storage, use, generation, manufacture or release of Hazardous Materials on the TermPremises. The term “Environmental Requirements” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all slate and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Tenant shall, at is and shall be deemed to be the “operator” of Tenant’s sole cost “facility” and expense, promptly undertake the “owner” of all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in order value of the Premises and loss of rental income therefrom), claims, demands, actions, suits, damages (including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorney’s fees, consultant fees or expert fees and including, without limitation, removal or management of any asbestos brought into the property or disturbed in breach of the requirements of this Paragraph 30, regardless of whether such removal or management is required by law) which arc brought or recoverable against, or suffered or incurred by Landlord as a result of any release of Hazardous Materials for which Tenant is obligated to remediate us provided above or any other breach of the requirements under this Paragraph 30 by Tenant, its agents, employees, contractors, subtenants, assignees or invitees, regardless of whether Tenant had knowledge of such noncompliance. The obligations of Tenant under this Paragraph 30 shall survive any termination of this Lease. Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant’s compliance with Environmental Requirements, its obligations under this Paragraph 30, or the requirements environmental condition of this Lease and applicable Environmental Lawthe Premises. If Access shall be granted to Landlord gives written upon Landlord’s prior notice to Tenant that and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant’s useoperations. Such inspections and tests shall be conducted at Landlord’s expense, storage unless such inspections or handling of tests reveal that Tenant has not complied with any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental LawRequirement, in which case Tenant shall correct any reimburse Landlord for the reasonable cost of such violation within ten (10) business days after Xxxxxxinspection and tests. Landlord’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of or satisfaction with any nature (including reasonable attorneys’ fees and disbursements incurred environmental assessment in the investigation, defense or settlement of claims) (collectively, “Claims”) no way waives any rights that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, holds against Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant hereby agrees that: in de minimis quantities for ordinary cleaning and office purposes, which products have been disclosed by Tenant to Landlord in the Environmental Questionnaire (i) defined below), Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material in, on or about upon the Premises during the Termor transport, other than Permitted Materials that are usedstore, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Termuse, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground generate, manufacture, dispose, or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any without Landlord’s prior written consent. Tenant has fully and accurately completed Landlord’s Pre-Leasing Environmental Exposure Questionnaire (“Environmental Questionnaire”) attached hereto and incorporated herein as Exhibit D. If the Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Material which is introduced onto the Premises Materials, in addition to all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant after the Commencement Date which is not a Permitted Material andfor breach of representation, on or before the date Landlord may require Tenant ceases to occupy the Premises, execute an amendment to this Lease relating to such Hazardous Materials use and Tenant’s failure to execute any such amendment within ten (10) days of Landlord’s delivery thereof to Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced constitute a default hereunder by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shallTenant. Tenant, at Tenant’s its sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance shall operate its business in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s strict compliance with the all Environmental Requirements and all requirements of this Lease Lease. Tenant shall complete and applicable Environmental Law. If certify to disclosure statements as requested by Landlord gives written notice from time to Tenant that time relating to Tenant’s usetransportation, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presencestorage, use, storagegeneration, transportationmanufacture, treatment, disposal, or release or other handling, of Hazardous Materials on or about or beneath the Premises, and Tenant shall promptly deliver to Landlord a copy of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission notice of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced violation relating to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, Project of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement DateEnvironmental Requirement. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Lease Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as "Environmental Laws; (iii) ". Tenant shall not install after obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (hereinafter collectively referred to as "Permits") and make all applicable filings required of Tenant under the Commencement Date any aboveground or underground storage tank or any subsurface lines Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, inspection and Tenant shall copying by Landlord at all times Tenant's offices upon reasonable notice and during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) business hours. Tenant shall not cause or permit any flammable or explosive material, petroleum or petroleum by-products, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to occur during as "Hazardous Substances") to be brought upon, kept or used in or about the Term Premises except for small quantities of such substances as is necessary in the ordinary course of Tenant's business provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises or the Building, and Tenant shall give Landlord written notice of the identity of such substances. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Material Substance, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises. Tenant shall, from time to time, at Landlord's request, execute such other affidavits, representations and the like concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim or injury, including attorney fees, and the cost of any condition required or necessary repair, cleanup, remediation or detoxification, arising out of pollution (i) the use, manufacture, handling, storage, disposal or nuisance on release of any Hazardous Substances by Tenant, its agents and employees on, under or about the Premises, whether affecting surface water or groundwater, air, (ii) an actual or alleged violation of Environmental Laws in connection with the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto occupancy of the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from any occupant of the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant or the operation of Tenant's business on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Lease Term, Tenant shall, at Tenant’s sole cost . The foregoing covenants and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 indemnification shall survive the termination expiration of the Term of this Lease with respect to acts or omissions that occur before such terminationLease.

Environmental Requirements. (a) Tenant hereby agrees that: (ia) Tenant shall not conduct, or permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, which is not a Permitted Material on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practicesPremises; (iic) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s 's activities on the Premises during the TermPremises, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iiid) Tenant shall not engage in the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises Premises, the Property and the environment from accidental spills and releases; (ivf) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (vg) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced introduced, or permitted to be introduced, onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced handled by Tenant or permitted on the Premises after the Effective Date by Tenant; (as defined in the Purchase Agreement); and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Termlicensees, Tenant shall immediately notify Landlord and, where required by law, appropriate governmental authorities, and shall, at Tenant’s 's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx abate or otherwise respond to such unauthorized releasethe xxxxase, pollution or nuisance in accordance with all applicable Environmental Laws; and (i) Tenant shall not use, store or handle any chlorinated solvent except for de minimus amounts contained in cleaning supplies provided that such chlorinated solvents and their de minimus amounts are listed and approved by Landlord on Exhibit D attached hereto and incorporated herein by reference and are used in conformance with Environmental Laws and good environmental practice. Landlord and Landlord’s 's representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s 's compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s 's use, storage or handling of any xx xxy Hazardous Material on the Premises does may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten five (105) business days after Xxxxxx’s Tenant's receipt of such notice from xxxx Landlord. (b) . Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ ' fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or contractors on or after the Commencement Datelicensees. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease and Tenant's relinquishment of posxxxxxxn of the Premises with respect to acts or omissions that occur before the later to occur of such terminationtermination and Tenant's relinquishment of possesxxxx. Notwithstanding the foregoing, Tenant shall have no liability under this Section 4.3 for any Hazardous Material that was present on or under the Premises or the Property as of the Commencement Date that was not caused by Tenant or its agents, officers, employees, contractors, invitees or licensees.

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant in de Minimis quantities for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or Project, which products have been disclosed by Tenant to Landlord in the Environmental Questionnaire (as defined below), and except for such other Hazardous Materials identified by Tenant on the Environmental Questionnaire attached hereto as of the date hereof, Tenant hereby agrees that: (i) represents, warrants and covenants that Tenant shall will not produce, use, store or otherwise handlegenerate any “Hazardous Materials” (as defined below) on, or permit any use, storage or other handling of, any Hazardous Material in, on under or about the Premises during the Term, and/or Project. Tenant has fully and accurately completed Landlord’s Pre-Leasing Environmental Exposure Questionnaire (“Environmental Questionnaire”) attached hereto as Exhibit D incorporated herein by reference. If Tenant utilizes Hazardous Materials other than Permitted Materials that are usedthose materials disclosed in the Environmental Questionnaire, stored in addition to all other rights and handled in compliance with all applicable Environmental Laws and good remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for a breach of representation, Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials handling practices; use and Tenant’s failure to execute any such amendment within ten (ii10) days of Landlord’s delivery thereof to Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for constitute a default hereunder by Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall. Tenant, at Tenant’s its sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance shall operate its business in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s strict compliance with the all Environmental Requirements and all requirements of this Lease Lease. Tenant shall complete and applicable Environmental Law. If certify to disclosure statements as requested by Landlord gives written notice from time to Tenant that time relating to Tenant’s usetransportation, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presencestorage, use, storagegeneration, transportationmanufacture, treatmentor release of Hazardous Materials on the Premises, disposaland Tenant shall promptly deliver to Landlord a copy of any notice of violation relating to the Premises or Project of any Environmental Requirement. Tenant shall not conduct any invasive environmental testing or investigation (including, release or other handlingwithout limitation, any testing of any soils) on or about the Project without obtaining Landlord’s prior written consent (which may be withheld in Landlord’s sole discretion, and any investigations or beneath the Premises, of any Hazardous Material introduced or permitted remediation on or about or beneath the Premises Project shall be conducted only by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained a consultant approved in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises writing by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect pursuant to acts or omissions that occur before such terminationa work letter approved in writing by Landlord.

Environmental Requirements. Tenant shall refrain from using, storing or placing upon the Premises, any materials which, under federal, state or local law, statute, ordinance or regulation, or court or administrative order or decree, or private agreement (ahereinafter called "Environmental Requirements"), require special handling in collection, storage, treatment or disposal, including but not limited to, any asbestos, PCBs, those substances described in Exhibit E attached hereto, petroleum and petroleum products, or other toxic, hazardous or contaminated substances (hereinafter collectively called "Hazardous Substances"); provided that Tenant shall be permitted to store cosmetics and other inventory at the Premises (some of which Landlord acknowledges might contain Hazardous Substances which shall be stored in strict compliance with all Environmental Requirements) in the ordinary course of business and use cleaning products and other office supplies in the ordinary course of business, provided that Tenant strictly complies with all Environmental Requirements in connection therewith. Tenant hereby agrees that: (i) Tenant shall not useindemnifies, store or otherwise handledefends, or permit any and saves Landlord harmless from all liabilities and claims arising from the use, storage or other handling ofplacement of any Hazardous Substances upon the Premises or elsewhere within the Property (if brought or placed thereon by Tenant, its agents, employees, contractors or invitees); and Tenant shall (i) within twenty-one (21) days after written notice thereof, take or cause to be taken, at its sole expense, such actions as may be necessary to comply with all Environmental Requirements, and (ii) within twenty-one (21) days after written demand therefor, pay Landlord, as Additional Rent, any Hazardous Material in, on or about amounts incurred by Landlord to comply with any Environmental Requirements with respect to the Premises during or with respect to any other portions of the TermProperty as the result of the placement or storage of Hazardous Substances by Tenant, its agents, employees, contractors or invitees, or in connection with any judicial or administrative investigation or proceeding relating thereto, including, without limitation, reasonable attorneys' fees, fines or other than Permitted Materials penalty payments. The indemnification set forth herein shall forever survive the expiration or earlier termination of this Lease. If Tenant has violated the Environmental Requirements as determined by any governmental agency, body, or court, or if Landlord obtains and delivers to Tenant a report prepared by an engineer or other party engaged in the business of testing and determining the existence of Hazardous Substances, which report demonstrates that there are Hazardous Substances used, stored or placed upon the Premises by Tenant, its agents, employees, contractors or invitees, in violation of this Lease or any Environmental Requirements, then Landlord shall have the right and handled in option, if such Hazardous Substances are not removed or brought into compliance with all applicable Environmental Laws Requirements within twenty-one (21) days after written notice thereof to Tenant, to remove such Hazardous Substances or bring such Hazardous Substances into compliance with the Environmental Requirements (provided that such notice and good Hazardous Materials handling practices; grace period shall not be required in an emergency), and to exercise any other rights and remedies available under Section 7.02 of this Lease. During such twenty-one (ii21) day period, Tenant shall obtain have the opportunity to cause such report prepared on Landlord's behalf to be reviewed by Tenant's own environmental consultants, and maintain if the Tenant's consultant disagrees with the information or conclusions contained in effect all permits and licenses required pursuant Landlord's report, to any Environmental Law cause its consultant to deliver a report to Landlord stating the reasons for Tenant’s activities on the Premises during the Term, disagreement. Landlord and Tenant shall at all times during use their best efforts to reconcile the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground conflicting reports, but if Landlord or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Materialits environmental consultants reasonably continue to believe that Tenant, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, or invitees or licensees during the Termhave violated any Environmental Requirements, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. then Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant all rights and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant remedies available under this Section 4.3 shall survive the termination 6.05(a) or Section 7.02 of this Lease with respect Lease, subject to acts or omissions that occur before such terminationTenant's right to defend.

Environmental Requirements. (a) Tenant hereby agrees that: (ia) Tenant shall not conduct, or permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, which is not a Permitted Material on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practicesPremises; (iic) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s 's activities on the Premises during the TermPremises, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iiid) Tenant shall not engage in the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises Premises, the Property and the environment from accidental spills and releases; (ivf) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (vg) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced introduced, or permitted to be introduced, onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced handled by Tenant or permitted on the Premises after the Effective Date (as defined in the Purchase Agreement)by Tenant; and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, licensees. Tenant shall, at Tenant’s 's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized the release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s 's representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s 's compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s 's use, storage or handling of any Hazardous Material on the Premises does may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten five (105) business days after Xxxxxx’s Tenant's receipt of such notice from Landlord. (b) . Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ ' fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or contractors on or after the Commencement Datelicensees. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination. Notwithstanding anything to the contrary herein, in the event any governmental authorities require the removal of any Hazardous Materials located and existing on the Premises prior to July 29, 1986 and, with respect to Suites 1950-1954 and Suite 1956 prior to the date of Tenant's possession of such portion of the Premises. Landlord shall be solely responsible for the payment of all costs in connection therewith, including the costs of removal or encapsulation and the costs of repair and restoration of the Premises to the condition existing immediately prior to such required removal or encapsulation and Tenant's rent shall xxxxx proportionately to Tenant's ability to continue the operation of its business from the Premises during the period of such work. In the event a governmental authority requires the removal of any Hazardous Materials brought, stored or discharged upon the Premises by Tenant, its contractors, subcontractors, agents, employees or servants, Tenant shall be solely responsible for all such costs including, but not limited to, removal, encapsulation and fines levied by such governmental authorities.

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant hereby agrees that: (i) in de minimis quantities for ordinary cleaning and office purposes and except for those materials set out on Exhibit F attached hereto and incorporated herein by reference, Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material inupon the Premises or transport, on store, use, generate, manufacture or release any Hazardous Material in or about the Premises during without Landlord's prior written consent. Tenant, at its sole cost and expense, shall operate its business in the TermPremises in strict compliance with all Environmental Requirements and shall remediate, other than Permitted Materials that are used, stored to the extent required and handled in compliance with all applicable Environmental Laws and good Requirements, any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance released on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises Project by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant's transportation, storage, use, generation, manufacture or release of Hazardous Materials on the TermPremises. The term "Environmental Requirements" means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term "Hazardous Materials" means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Tenant shall, at is and shall be deemed to be the "operator" of Tenant’s sole cost 's "facility" and expense, promptly undertake the "owner" of all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material Materials brought on the Premises in order to determine by Tenant’s compliance with , its agents, employees, contractors or invitees, and the requirements of this Lease and applicable Environmental Lawwastes, by-products, or residues generated, resulting, or produced therefrom. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises or the Project and loss of rental income from the Project), claims, demands, actions, judgmentssuits, liabilitiesdamages (including, costswithout limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), lossesand costs (including, damageswithout limitation, penaltiesactual attorneys' fees, fines consultant fees or expert fees and obligations including, without limitation, removal or management of any nature (including reasonable attorneys’ fees and disbursements asbestos brought into the property or disturbed in breach of the requirements of this Paragraph 30, regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that by Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any release of Hazardous Material introduced Materials for which Tenant is obligated to remediate as provided above or permitted on or about or beneath any other breach of the Premises requirements under this Paragraph 30 by any act or omission of Tenant or Tenant, its agents, officers, employees, contractors, subtenants, assignees or contractors on or after invitees, regardless of whether Tenant had knowledge of such noncompliance. The obligations of Tenant under this Paragraph 30 shall survive any termination of this Lease. Landlord represents and warrants that as of the Commencement Date. Notwithstanding anything contained in the Lease date hereof, to the contrarybest of Landlord's knowledge, Tenant’s obligations with respect to remediation no violation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at Environmental Requirements has occurred in or about the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement DatePremises. Landlord shall indemnify have access to, and defend a right to perform inspections and tests of, the Premises to determine Tenant's compliance with Environmental Requirements, its obligations under this Paragraph 30, or the environmental condition of the Premises. Access shall be granted to Landlord upon Landlord's prior notice to Tenant against and hold Tenant harmless from all Claims at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant's operations. Such inspections and tests shall be conducted at Landlord's expense, unless such inspections or tests reveal that Tenant may incur as a result ofhas not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of no way waives any Hazardous Material introduced on or about or beneath the Premises by any act or omission of rights that Landlord or its agents, officers, employees or contractors on or after the Commencement Dateholds against Tenant. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant hereby agrees that: (i) in de minimus quantities for ordinary cleaning and office purposes, Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material in, on upon the Premises or store or use any Hazardous Material in or about the Premises during without Landlord's prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Term, other than Permitted Materials that are used, stored and handled Premises in compliance with all applicable Environmental Laws Requirements and good shall immediately remediate any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance released on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises Project by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during invitees. The term "Environmental Requirements" means all applicable present and future statues, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the TermPremises or the environment, Tenant shallincluding without limitation, at the following: the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); the Resource Conversation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term "Hazardous Materials" means and includes petroleum ( as defined in CERCLA) and any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements. See Addendum Two ----------------------------------------------------------------------- Landlord acknowledges that Tenant’s sole cost 's contract sterilization operations in the Premises require the use and expensestorage of ethylene oxide, promptly undertake all remedial measures required to clean up defined as a Hazardous Material under certain state and xxxxx or otherwise respond to federal regulations. Tenant's contract, sterilization operations shall be a permitted activity, as defined above, and ethylene oxide shall be a permitted hazardous material, as defined above, so long as Tenant's use and storage of such unauthorized release, pollution or nuisance hazardous materials is in accordance with all applicable Applicable Environmental LawsRequirements. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, ----------------------------------------------------------------------- Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises or the Project and loss of rental income from the Project), claims, demands, actions, judgmentssuits, liabilitiesdamages (including, costswithout limitation, punitive damages), expenses (including, without limitation, remediation, corrective action, or cleanup expenses), lossesand costs (including, damageswithout limitation, penaltiesactual attorneys' fees, fines and obligations of any nature (including reasonable attorneys’ consultant fees and disbursements or expert fees) which are brought or recoverable against, or suffered or incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that by Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath breach of the Premises obligations under this Paragraph by any act or omission of Tenant or Tenant, its agents, officers, employees, contractors, subtenants, or contractors on or after the Commencement Dateinvitees, regardless of whether Tenant had knowledge of such noncompliance. Notwithstanding anything contained in the Lease to the contrary, Tenant’s The indemnification and hold harmless obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises Tenant shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Datesurvive any termination of this Lease. Landlord shall indemnify have access to, and defend a right to perform inspections and tests of, the Premises as it may require to determine Tenant's compliance with Environmental Requirements and Tenant's obligations under this Paragraph. Access shall be granted to Landlord upon Landlord's prior notice to Tenant against and hold Tenant harmless from all Claims at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant's operations. Such inspections and tests shall be conducted at Landlord's expense, unless such inspections or tests reveal that Tenant may incur as a result ofhas not complied with any Environmental Requirements, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of no way waives any Hazardous Material introduced on or about or beneath the Premises by any act or omission of rights that Landlord or its agents, officers, employees or contractors on or after the Commencement Dateholds against Tenant. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (ia) Tenant shall not conduct, or permit to be conducted, on the premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, which is not a Permitted Material on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practicespremises; (iic) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law law for Tenant’s 's activities on the Premises during the Termpremises, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iiid) Tenant shall not engage in the storage, treatment or disposal on or about the premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises premises and the environment from accidental spills and releases; (ivf) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premisespremises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (vg) Tenant shall promptly remove from the Premises premises any Hazardous Material which is introduced introduced, or permitted to be introduced, onto the Premises premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premisespremises, Tenant shall remove from the Premises premises all Hazardous Materials and all Permitted Materials introduced handled by Tenant or permitted on the Premises after the Effective Date (as defined in the Purchase Agreement)premises by Tenant; and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from premises as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Termof licensees, Tenant shall, at Tenant’s 's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx abate or otherwise respond to such unauthorized releasethe xxxxxse, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s landlord's representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises premises in order to determine Tenant’s 's compliance with the requirements of this Lease lease and applicable Environmental Law. If IF Landlord gives written notice to Tenant that Tenant’s 's use, storage or handling of any Hazardous Material on the Premises does property may not comply with this Lease lease or applicable Environmental Law, Tenant shall correct any such violation within ten five (105) business days after Xxxxxx’s Tenant's receipt of such notice from Landlord. (b) . Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ ' fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premisespremises, of or any Hazardous Material introduced or permitted on or about or beneath the Premises premises by any act or omission of Tenant tenant or its agents, officers, employees, contractors, invitees or contractors on or after the Commencement Datelicensees. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 Paragraph 3.C shall survive the termination of this Lease lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Prior to Tenant's entry into the Premises, Tenant shall fully and accurately complete Landlord's Pre-Leasing Environmental Questionnaire ("Environmental Questionnaire") attached hereto as Exhibit C, which when so completed, shall be incorporated herein by reference. Tenant hereby agrees that: represents, warrants and covenants that except for (i) those chemicals or materials, and their respective approximate quantities listed on the Environmental Questionnaire (as the same may be updated from time to time as provided below) or any similar chemicals or materials used for substantially the same purposes in substitution thereof in compliance with Environmental Requirements, and (ii) Hazardous Materials that are used by Tenant shall for ordinary cleaning, for office purposes and warehouse maintenance purposes in compliance with all Environmental Requirements (as defined below), Tenant will not use, store or otherwise handle, or permit generate any use, storage or other handling of, any "Hazardous Material Materials" (as defined below) in, on on, under or about the Premises during and/or Project. Tenant further represents, warrants and covenants that except for those chemicals and materials, and the Term, other than Permitted Materials that are used, stored and handled approximate quantities listed on the Environmental Questionnaire (as the same may be updated from time to time as provided below) or any similar chemicals or materials used for substantially the same purposes in substitution thereof in compliance with all applicable Environmental Laws Requirements, and good the Hazardous Materials handling practices; (ii) Tenant shall obtain described in the immediately preceding sentence that are used and maintain stored in effect all permits and licenses required pursuant to any compliance with Environmental Law for Tenant’s activities on the Premises during the TermRequirements, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material Materials to be brought upon, placed, stored, manufactured, generated, blended, handled, recycled, disposed of, used or any condition of pollution or nuisance on released on, in, under or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises and/or Project by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subcontractors, subtenants, assigns or licensees during invitees. Tenant shall notify Landlord prior to using any Hazardous Materials in the TermPremises not described on the initial Environmental Questionnaire, and such use shall be subject to compliance with Environmental Requirements and all of the provisions of this Lease. Tenant shall operate its business in the Premises in full compliance with all Environmental Requirements (as defined below). Landlord acknowledges that, subject to compliance with Legal Requirements, Private Restrictions, and the other terms and conditions contained in this Lease (including, without limitation, Paragraph 12 above), Tenant shallmay install and use fume hoods in the Premises, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance that emissions of Hazardous Materials into the air in accordance compliance with all applicable Environmental LawsRequirements shall not be considered releases. Landlord and Landlord’s representatives shall have agrees to keep the right, but not information on the obligation, upon reasonable prior notice to Tenant and Environmental Questionnaire confidential in accordance with the terms and conditions of Section 4.5 Paragraph 42 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. The Mortgagor hereby represents and warrants to the Mortgagee that, to the actual knowledge of the Mortgagor, which knowledge is limited to the contents of the Environmental Report, the Security (a) Tenant hereby agrees that: (i) Tenant shall not useincluding the land, store or otherwise handlesurface soil, or permit any usesubsurface strata, storage or other handling ofsurface water, any Hazardous Material indrinking water supply, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Termground water, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the rightimprovement thereon including, but not the obligationlimited to, upon reasonable prior notice to Tenant any facility, building, structure, installation, equipment, pipe or pipeline, well, pit, pond, lagoon, ditch or impoundment) is free and in accordance with the terms clear of waste or debris and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any contamination from Hazardous Material on Materials (collectively, the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable "Environmental LawRequirements"). If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant The Mortgagor shall indemnify and defend Landlord against and hold Landlord save harmless from the Mortgagee for all claims, demands, actions, judgments, liabilities, costs, expenses, lossescauses of action, damages, penalties, fines costs and obligations expenses of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense whatsoever arising out of or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising resulting from the presenceexistence or alleged existence of Hazardous Materials attributable to the operations of the Mortgagor. The Mortgagor further covenants and agrees that, useif at any time it is determined that there are Hazardous Materials, which require any collection, storage, transportationtreatment or disposal to be conducted or maintained in a specific or general manner, treatmentthe Mortgagor agrees to take or cause to be taken, disposalat its sole expense, release such actions as may be necessary to comply with Federal, State, local or other handling, on or about or beneath municipal requirements for the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, usecollection, storage, transportationtreatment or disposal of all Hazardous Materials. If the Mortgagor fails to take such action, treatmentthe Mortgagee may make advances or payments toward performance or satisfaction of the same, disposalbut shall be under no obligation to do so; and all sums so advanced or paid, release including all sums advanced or paid in connection with any judicial or administrative investigation or proceeding relating thereto, including without limitation, all attorneys' fees, fines or other handlingpenalties, on shall be at once repayable by the Mortgagor and shall bear interest at the Default Rate of Interest, from the date the same shall become due and payable until the date paid, and all sums so advanced or about or beneath paid, with interest aforesaid, shall become a part of the Premises, Obligations of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement DateMortgagor pursuant to this Mortgage. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant The Mortgagor hereby covenants -------------------------- and agrees that: , if at any time it is determined that there are materials (ihereinafter, Environmental Materials") Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, located on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to Property which under any Environmental Law for Tenant’s activities on Requirements require special handling in collection, storage, treatment, disposal or removal, the Premises during the TermMortgagor shall, and Tenant shall within thirty (30) days after written notice thereof, take or cause to be taken, at all times during the Term its sole expense, such actions as may be necessary to comply with all applicable Environmental Laws; (iii) Tenant Requirements. If the Mort- gagor shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste fail to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, airtake such action, the land Mortgagee may make advances or payments towards performance or satisfaction of the subsurface environmentsame but shall be under no obligation to do so; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced sums so advanced or paid, including all sums advanced or paid in connection with any judicial or administrative investigation or proceeding relating thereto, including, without limitation, reasonable attorneys' fees, fines, or other penalty payments, shall be at once repayable by Tenant on Mortgagor and shall bear interest at the Premises after the Effective Date (as Default Interest Rate defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to Note or at the environment results in any condition of pollution or nuisance occurring on or about or beneath maximum interest rate which the Premises and Mortgagor may by law pay, which ever is lower, from the date the same arises from any act shall become due and payable until the date paid, and all sums so advanced or omission paid, with interest as aforesaid, shall become a part of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required indebtedness secured hereby. Failure of the Mortgagor to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance comply with all applicable Environmental LawsRequirements shall constitute and be a default under this Mortgage. Landlord Mortgagor shall defend, indemnify and Landlord’s representatives shall have hold harmless the rightMortgagee against any loss, but not cost or expense incurred by the obligation, upon reasonable prior notice to Tenant and in accordance with Mortgagee resulting from the terms and conditions of Section 4.5 below, to enter presence on the Premises Property at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from LandlordMaterials. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) PROHIBITION/COMPLIANCE. Landlord has provided Tenant hereby agrees that: with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and of the approximately 4.916 acres of land adjacent to the Site (imore fully described in Exhibit A-2 (the "ADDITIONAL SITE")) Tenant that are in Landlord's possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over "HAZARDOUS MATERIALS" (as hereinafter defined) that may be present at the Site or the Additional Site (collectively, the "ENVIRONMENTAL INFORMATION") A list of the documents containing the Environmental Information is attached hereto as Exhibit L. Landlord shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Termbe responsible, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date hereby waives any aboveground or underground storage tank or right to assert any subsurface lines claim against Landlord, for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste Pre-Existing Contamination. In addition to the sanitary sewerforgoing, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material Materials to be brought upon, kept, or any condition of pollution or nuisance on used in or about the Premises, whether affecting surface water or groundwaterthe Project, air, the land or the subsurface environment; (v) Site in violation of applicable law. If Tenant shall promptly remove from breaches the Premises any obligation stated in the preceding sentence, if the presence of Hazardous Material which is introduced onto the Premises Materials permitted by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy results in contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), or if any contamination of the Premises, Project, Site, or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information ("PREVIOUSLY UNKNOWN CONTAMINATION") is discovered during the Term or any Term Extension or renewal hereof or holding over hereunder and Tenant shall remove from cannot demonstrate that such Previously Unknown Contamination was present at the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after Site before the Effective Date (as defined in or is attributable solely to the Purchase Agreement); and (vi) if any unauthorized release actions or omissions of a Hazardous Material to the environment results in any condition of pollution person or nuisance occurring on or about or beneath the Premises entity other than Tenant, Tenant shall indemnify, defend, and the same arises from any act or omission of Tenant or hold Landlord, its agentsofficers, officersdirectors, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost agents and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord contractors harmless from any and all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any nature (including reasonable attorneys’ fees and disbursements incurred amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the investigationPremises or the Project, defense increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims) (collectively, “Claims”claims and Legal Fees) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on arise before or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, expiration or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the earlier termination of this Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with respect any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority because of Hazardous Net Greenhouse Lease X.X. Xxxxxxxxx Ave., RTP/Paradigm Genetics, Inc.-Page 30 Materials present in the air, soil, or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within the Premises, the Project, the Site, or any adjacent property (including the Additional Site) caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), Tenant shall promptly take all actions at its sole expense as are necessary to acts return the Premises, the Project, the Site, or omissions any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that occur before Landlord's approval of such terminationaction shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, or the Site.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Prohibition/Compliance/Indemnity. Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined) to occur be brought upon, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant or any Tenant Party. If Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials in the Premises during the Term any unauthorized release of any Hazardous Material or any condition holding over results in contamination of pollution or nuisance on or about the Premises, whether affecting surface water the Project or groundwater, airany adjacent property or if contamination of the Premises, the land Project or the subsurface environment; (v) Tenant shall promptly remove from the Premises any adjacent property by Hazardous Material which is introduced onto Materials brought into, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. anyone other than Landlord and Landlord’s representatives employees, agents and contractors otherwise occurs during the Term or any holding over, Tenant hereby indemnifies and shall have defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the rightPremises or the Project, but or the loss of, or restriction on, use of the Premises or any portion of the Project), expenses (including, without limitation, attorneys’, consultants’ and experts’ fees, court costs and amounts paid in settlement of any claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the obligationenvironment, upon reasonable prior notice to water tables or natural resources), liabilities or losses (collectively, “Environmental Claims”) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remedial, removal, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises, the Building, the Project or any adjacent property caused or permitted by Tenant or any Tenant Party results in any contamination of the Premises, the Building, the Project or any adjacent property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the terms Premises, the Building, the Project or any adjacent property to the condition existing prior to the time of such contamination, provided that Landlord’s approval of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Building or the Project. Notwithstanding anything to the contrary contained in this Section 30, Tenant shall not be responsible for, and conditions of Section 4.5 below, the indemnification and hold harmless obligation set forth in this paragraph shall not apply to enter (i) contamination in the Premises at any which Tenant can prove to Landlord’s reasonable time for satisfaction existed in the purpose of inspecting Premises immediately prior to the storageCommencement Date, use and handling or (ii) the presence of any Hazardous Material on Materials in the Premises in order which Tenant can prove to determine TenantLandlord’s compliance with the requirements reasonable satisfaction migrated from outside of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath into the Premises, unless in either case, the presence of such Hazardous Materials (x) is the result of a breach by Tenant of any Hazardous Material introduced of its obligations under this Lease, or permitted on (y) was caused, contributed to or about or beneath the Premises exacerbated by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend any Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement DateParty. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) With respect to Tenant's use and occupancy of the Premises, Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Lease Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as "Environmental Laws; (iii) ". Tenant shall not install after obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (hereinafter collectively referred to as "Permits") and make all applicable filings required of Tenant under the Commencement Date any aboveground or underground storage tank or any subsurface lines Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, inspection and Tenant shall copying by Landlord at all times Tenant's offices upon reasonable notice and during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) business hours. Tenant shall not cause or permit any flammable explosive, oil, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to occur during as "Hazardous Substances") to be brought upon, kept or used in or about the Term Premises except for small quantities of such substances as is necessary in the ordinary course of Tenant's business, provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises. It is understood however that Tenant shall have the right to install at its option an emergency back-up generator and at its option a diesel fuel tank which falls in the category of Hazardous Materials and requires reporting under the XXXX Act. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Material Substance, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises as a result of a release of a Hazardous Substance caused by Tenant. Tenant shall, from time to time, at Landlord's request, execute such other affidavits, representations and the like concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim or injury, including reasonable attorneys' fees, and the cost of any condition required or necessary repair, cleanup, remediation or detoxification, arising out of pollution (a) the installation, use, maintenance and operation of the back-up generator, (b) the use, manufacture, handling, storage, disposal or nuisance on release of any Hazardous Substances by Tenant, its agents and employees on, under or about the Premises, whether affecting surface water or groundwater, air, (c) an actual or alleged violation of Environmental Laws in connection with the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto occupancy of the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from any occupant of the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant or the operation of Tenant's business on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Lease Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result ofany liability, claim or in connection withinjury, claims arising from including reasonable attorneys' fees and the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, cost of any required or necessary repair, cleanup, remediation or detoxification arising out of the presence or release of Hazardous Material introduced on Substances, the presence or about or beneath the Premises release of which was not caused by any act or omission of Landlord Tenant or its agentsemployees, officers, employees agents or contractors on or after the Commencement Date. (c) contractors. The liability of Landlord foregoing covenants and Tenant under this Section 4.3 indemnification shall survive the expiration or termination of the Term of this Lease with respect to acts or omissions that occur before such terminationLease.

Environmental Requirements. (aA) Tenant hereby agrees that: (i) Tenant Lessee shall not use, store or otherwise handledo and perform, or permit any userefrain from doing, storage with respect to Lessee's mining operations in, or other handling use of, any Hazardous Material in, on or about the Leased Premises during the Term, other than Permitted Materials that are used, stored and handled in whatever may be reasonably required for compliance with all applicable Environmental Laws laws, ordinances, regulations, rules, orders, permits, and good Hazardous Materials handling practices; requirements now existing or hereafter enacted, adopted, or made of any and all federal, state, county and municipal authorities having jurisdiction over the manner in which Lessee conducts its mining operations in, or use of, the Leased Premises (ii) Tenant shall obtain and maintain including the use of other lands in effect all connection therewith), including specifically, but not exclusively, obtaining of any required permits and licenses the filing of any bonds required pursuant by any governmental agency, mine land reclamation; control of stockpiling of surface overburden or iron formation materials, and of the tailings basins (location, erosion, vegetation, terracing or other practical controls); stabilization of open pit embankments; and air, water, and solid waste pollution (collectively, "Environmental Laws"); and Lessee agrees to indemnify, defend and hold harmless Lessor from any expense, claims, cost, including court costs, reasonable attorneys' fees, or other legal costs, or liability arising out of the violation of or failure to comply with any Environmental Law for Tenant’s activities on Law. (B) Should the Premises during the Termdischarge, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground leakage, spillage, or underground storage tank or any subsurface lines for the storage or transfer emission of any Hazardous Materialflammable, except for the lawful discharge of waste to the sanitary sewerexplosive, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause caustic, corrosive, or permit to occur during the Term any unauthorized release of any radioactive substance or Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in Section 31 D below) occur upon or from the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results Premises which is due or in any condition of pollution manner attributable to Lessee's actions or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees inactions during the Lease Term, Tenant shallLessee, at Tenant’s its sole cost and expense, promptly undertake all remedial measures required shall be obligated to clean up and xxxxx remediate the Premises and any other property affected thereby, to the reasonable satisfaction of Lessor and the satisfaction of all governmental authorities having jurisdiction thereover. If such leakage, spillage, or otherwise respond emission should occur in reportable quantities during the Lease Term, Lessee shall promptly inform Lessor of such occurrence, and the Lessee shall promptly commence any notification and necessary cleanup action. (C) If Lessee is not in compliance with any Environmental Law, or any provisions of its operating permits relating to the Leased Premises, Lessor may make written demand on Lessee to take action necessary to comply with such unauthorized releaseEnvironmental Laws or permits, pollution or nuisance in accordance and if Lessee does not undertake to so comply with all applicable Environmental Laws. Landlord and Landlord’s representatives that demand within thirty (30) days, then Lessor shall have the right, but not the obligation, upon reasonable prior notice right to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter clean up the Premises at any and such other affected property as necessary to comply with Environmental Laws, and Lessor's reasonable time for the purpose costs of inspecting the storagesuch compliance shall be chargeable to Lessee, use and handling provided that Lessor's exercise or failure to exercise such right shall not be a waiver of any other rights it might have under this subsection or at law. (D) As used in this Lease, the term "Hazardous Material Material" shall mean any substance or material (including without limitation "liquid sewage sludge") which has been determined to be capable of posing a risk of injury or damage to health, person, safety, or property under any applicable federal, state, and local laws, codes, ordinances, rules, decrees, order, judgments, implementing regulations, and applicable regulatory permits relating to pollution or protection of the environment; including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, the Superfimd Amendments and Reauthorization Act of 1986, and all other laws and regulations relating to hazardous and toxic substances, emissions, releases, and discharges of pollutants, wastes, and other substances into ambient air, surface water, ground water, or land, whether such requirements exist on the Premises date hereof or are adopted in order to determine Tenant’s compliance with the requirements future. (E) Lessee shall notify Lessor of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling the receipt of any Hazardous Material on notice, order, or citation alleging the Premises does not comply with this Lease or applicable violation of any Environmental Law, Tenant and shall correct provide Lessor with copies of any such violation within ten (10) business days after Xxxxxx’s receipt citations, and make available for Lessor's inspection all permits, or licenses issued by governmental authorities required by any Environmental Law, copies of such notice from Landlordall materials filed by Lessee with governmental authorities relating to Hazardous Materials, copies of any environmental reports or assessments relating to the Premises, and any other material or document relating to the presence of Hazardous Materials on the Premises. (bF) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and These obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur Lessee insofar as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in they relate to the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises term shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or continue after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease Lease, except to the extent that Lessor may contribute thereto or alter the circumstances thereof by Lessor's mining operations in the Leased Premises or upon adjoining lands or by Lessor's actions in connection with respect to acts any such stockpiles or omissions that occur before such terminationtailings basins.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Lease Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as “Environmental Laws; (iii) ”. Tenant shall not install after obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (hereinafter collectively referred to as “Permits”) and make all applicable filings required of Tenant under the Commencement Date any aboveground or underground storage tank or any subsurface lines Environmental Laws required by Tenant to operate at the Premises. Tenant shall make the Permits and required filings available for the storage or transfer inspection by Landlord at Tenant’s offices upon reasonable notice and during business hours and, upon request, Tenant shall furnish to Landlord copies of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises such Permits and the environment from accidental spills and releases; (iv) required filings. Tenant shall not cause or permit any flammable or explosive material, petroleum or petroleum by-products, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to occur during as “Hazardous Substances”) to be brought upon, kept or used in or about the Term Premises except for small quantities of such substances as is necessary in the ordinary course of Tenant’s business provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises, and Tenant shall give Landlord written notice of the identity of such substances. Landlord represents and warrants that, as of December 15, 2018, to Landlord’s knowledge, the Building does not contain Hazardous Substances in violation of applicable Environmental Laws. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Material Substance, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant shall indemnify and hold Landlord harmless from any liability, claim or injury, including without limitation attorney fees and the cost of any condition required or necessary repair, cleanup, remediation or detoxification arising out of pollution (i) the use, manufacture, handling, storage, disposal or nuisance on release of any Hazardous Substances by Tenant, its agents and employees on, under or about the Premises, whether affecting surface water or groundwater, air, (ii) an actual or alleged violation of Environmental Laws in connection with the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto occupancy of the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from any occupant of the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant or the operation of Tenant’s business on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Lease Term, Tenant shall, at Tenant’s sole cost . The foregoing covenants and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives indemnification shall have survive the right, but not expiration of the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements Term of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement DateLease. Landlord shall protect, defend, indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result ofany liability, claim or in connection withinjury, claims including, without limitation, reasonable attorney fees and the cost of any required or necessary repair, cleanup, remediation or detoxification arising from out of the presenceuse, usemanufacture, handling, storage, transportation, treatment, disposal, disposal or release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath Substances outside of the Premises and/or Building Parcel by any act or omission of Landlord or party other than Tenant, its agents, officers, employees or contractors on or after the Commencement Dateagents and/or employees. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant FPL hereby agrees that: (ia) Tenant FPL shall not conduct, or permit to be conducted, on the leased Property any activity which is not a Lease Activity; (b) FPL shall not use, store or otherwise handle, or permit any use, storage storage, or other handling of, any Hazardous Material in, on or about or beneath the Premises during the Termleased Property unless it is a material handled, other than Permitted Materials that are used, or stored and handled by FPL in compliance the ordinary course of conducting Lease Activities; (c) all such materials shall be handled, used, or stored by FPL in accordance with all applicable Environmental Laws and good Hazardous Materials handling practicesLaw; (iid) Tenant FPL shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, its Lease Activities and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iiie) Tenant FPL shall not engage in the storage, treatment, or disposal on or about or beneath the leased Property of any Hazardous Material except for temporary accumulation of Material waste generated in the course of Lease Activities, which accumulation is conducted in accordance with applicable Environmental Law; (f) FPL shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, Material except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (ivg) Tenant FPL shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about or beneath the Premisesleased Property, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from leased Property as a result of any act or omission of Tenant or FPL, its agents, officers, employees, contractors, invitees subcontractors, invitees, or licensees during the Termlicensees, Tenant shallFPL, at Tenant’s its sole cost and expense, shall promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized the release, pollution pollution, or nuisance in accordance with all applicable Environmental Laws. Landlord After notification to FPL, NASA-KSC and Landlord’s its duly appointed representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises leased Property at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises leased Property in order to determine TenantFPL’s compliance with the requirements of this Lease and applicable Environmental LawLaws. If Landlord NASA-KSC gives written notice to Tenant FPL that TenantFPL’s use, storage or handling of any Hazardous Material on the Premises does leased Property may not comply with this Lease or applicable Environmental Law, Tenant FPL shall correct any such violation within ten five (105) business days calendar days, or such other period to which the parties may mutually agree, after XxxxxxFPL’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement DateNASA- KSC. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant FPL under this Section 4.3 section of this Lease shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material inupon the Premises or transport, on store, use, generate, manufacture or release any Hazardous Material in or about the Premises during or the TermProject without Landlord's prior written consent. Tenant, other than Permitted at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements (hereinafter defined) and shall remediate in a manner satisfactory to Landlord any Hazardous Materials that are usedreleased on or from the Project by Tenant, stored its agents, employees, contractors, subtenants or invitees. Without limiting the foregoing, Tenant shall use, store, maintain and handled dispose of the batteries for Tenant's fork lifts in compliance with all applicable laws, rules and regulations and shall use sound business practices regarding same. Tenant shall complete and certify (to the best of Tenant's actual knowledge) to disclosure statements as requested by Landlord from time to time (but not more than one time per year unless Landlord is investigating the possible relocation of Environmental Laws and good Requirements by Tenant or the possible presence of Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Termin, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on under or about the Premises) relating to Tenant's transportation, whether affecting surface water storage, use, generation, manufacture or groundwaterrelease of Hazardous Materials on the Premises or the Project. The term "ENVIRONMENTAL REQUIREMENTS" means all applicable present and future statutes, airregulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the land following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or the subsurface environment; policies promulgated or issued thereunder. The term "HAZARDOUS MATERIALS" means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas, synthetic gas usable for fuel (vor mixtures of natural gas and such synthetic gas) Tenant shall promptly remove from the Premises any and toxic mold except for Hazardous Material which contained in products used and stored by Tenant (in quantities permitted by applicable law and in quantities recommended by the manufacturer) for ordinary cleaning and office and warehouse purposes,. As defined in Environmental Requirements, Tenant is introduced onto and shall be deemed the "operator" of Tenant's "facility" and the "owner" of all Hazardous Materials brought on the Premises by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractorscontractors or invitees, invitees and the wastes, by-products or licensees during the Termresidues generated, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx resulting or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Lawsproduced therefrom. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.36

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant Contractor, in conducting its activities under this Agreement, shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all existing and future applicable local, state and federal environmental rules, regulations, statutes, laws and orders (collectively "Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous MaterialRequirements"), except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, including but not the obligation, upon reasonable prior notice limited to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting Environmental Requirements regarding the storage, use and handling disposal of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements or Special Materials and Wastes, Clean Water Act legislation, Centralized Waste Treatment Regulations, and DEN Rules and Regulations. For purposes of this Lease Agreement the terms "Hazardous Materials" shall refer to those materials, including without limitation asbestos and asbestos-containing materials, polychlorinated biphenyls (PCBs), oil or any other petroleum products, natural gas, source material, pesticide, and any hazardous waste, toxic substance or related material, including any substance defined or treated as a "hazardous substance," "hazardous waste" or "toxic substance" (or comparable term) in the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Sec. 9601 et seq. (1990), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq. (1990)), and any rules and regulations promulgated pursuant to such statutes or any other applicable Environmental Lawfederal or state statute. If Landlord gives written notice to Tenant that Tenant’s useContractor shall acquire all necessary federal, storage or handling of any Hazardous Material on the Premises does not state and local environmental permits and comply with all applicable federal, state and local environmental permit requirements. Contractor agrees to ensure that its activities under this Lease Agreement are conducted in a manner that minimizes environmental impact through appropriate preventive measures. Contractor agrees to evaluate methods to reduce the generation and disposal of waste materials. In the case of a release, spill or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur leak as a result ofof Contractor's activities under this Agreement, or in connection withContractor shall immediately control and remediate the contaminated media to applicable federal, claims arising from state and local standards. Contractor shall reimburse the presenceCity for any penalties and all costs and expenses, useincluding without limitation attorney's fees, storage, transportation, treatment, disposal, release or other handling, on or about or beneath incurred by the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur City as a result of, or in connection with, claims arising from of the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, disposal by Contractor of any Hazardous Material introduced on pollutant or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Datehazardous material. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Lease Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as "Environmental Laws; (iii) ". Tenant shall not install after obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (hereinafter collectively referred to as "Permits") and make all applicable filings required of Tenant under the Commencement Date any aboveground or underground storage tank or any subsurface lines Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, inspection and Tenant shall copying by Landlord at all times Tenant's offices upon reasonable notice and during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) business hours. Tenant shall not cause or permit any flammable or explosive material, petroleum or petroleum by-products, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to occur during as "Hazardous Substances") to be brought upon, kept or used in or about the Term Premises except for small quantities of such substances as is necessary in the ordinary course of Tenant's business provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises, and Tenant shall give Landlord written notice of the identity of such substances. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Material Substance by Tenant during the term of this Lease, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such release was caused by Tenant during the term of this Lease. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim or injury, including, without limitation, reasonable actual attorney fees and the cost of any condition required or necessary repair, cleanup, remediation or detoxification arising out of pollution (i) the use, manufacture, handling, storage, disposal or nuisance on release of any Hazardous Substances by Tenant, its agents and employees on, under or about the PremisesPremises after the Commencement Date, whether affecting surface water or groundwater, air, (ii) an actual or alleged violation of Environmental Laws in connection with the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto occupancy of the Premises by Tenant or any subtenant or licensee of Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant operation of Tenant's business on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Lease Term, Tenant shall, at Tenant’s sole cost . The foregoing covenants and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 indemnification shall survive the termination expiration of the Term of this Lease with respect to acts or omissions that occur before such termination.Lease. -8-

Environmental Requirements. 9.01 Any Hazardous Materials (aas hereinafter defined) Tenant hereby agrees that: (i) Tenant shall not useto be brought upon, store kept or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on used in or about the Premises during Land by the TermCompany and its agents, other than Permitted Materials that are employees, contractors or invitees, will be used, kept and stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term complies with all laws regulating any unauthorized release of any such Hazardous Material brought upon or any condition of pollution used or nuisance on kept in or about the PremisesLand. 9.01.01 If the Company breaches the obligations stated in Section 9.01, whether affecting surface water or groundwater, air, if the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all presence of Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after Land caused or permitted by the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment Company results in any condition contamination of pollution the Land, or nuisance occurring on or about or beneath if contamination of the Premises Land by Hazardous Materials otherwise occurs for which the Company is legally liable to Owner for damage resulting therefrom, then the Company shall indemnify, defend and the same arises hold Owner harmless from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature response costs, fines, costs, liabilities or losses (including reasonable attorneys’ fees without limitation, diminution in value of the Land, damages for the loss or restriction on use of the Land, and disbursements incurred sums paid in the investigation, defense or settlement of claims, reasonable attorney's fees, consultant fees and expert fees) (collectively, “Claims”) that Landlord may incur which arise during or after the term of this lease as a result ofof such contamination. This indemnification of Owner by the Company includes, or without limitation, costs incurred in connection withwith any investigation of site conditions or any clean-up, claims arising from remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the presence, use, storage, transportation, treatment, disposal, release soil or other handling, ground water on or about or beneath under the PremisesLand. Without limiting the foregoing, if the presence of any Hazardous Material introduced Materials on the Land caused or permitted by the Company results in any contamination of the Land, the Company shall promptly take all actions at its sole expense as are necessary to return the Land to the condition existing prior to the introduction of any such Hazardous Materials to the Land; provided that Owner's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse effect on the Land. 9.01.02 As used herein, the term "Hazardous Materials" means any hazardous or about toxic substance, material or beneath waste, including but not limited to those substances, materials and wastes listed in the Premises United States Department of Transportation Hazardous Materials Table (49 CFR 172-101) or by any act or omission of Tenant or its agents, officers, employeesthe Environmental Protection Agency as Hazardous Substances (40 CFR Part 302) and Amendments thereto, or contractors on such substances, materials and wastes that are or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrarybecome regulated under any applicable local, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, state or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Datefederal law. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (ia) Tenant shall conduct, or permit to be conducted, on the Premises only activities which are Permitted Activities; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than except with respect to Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practicesActivities; (iic) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s specific activities on the Premises during the TermPremises, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iiid) Tenant shall not engage in the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (ivf) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (vg) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced introduced, or permitted to be introduced, onto the Premises by Tenant after the Commencement Date which is not a except with respect to Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement)Activities; and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from except with respect to Permitted Activities as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Termlicensees, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized the release, pollution or nuisance in accordance with all applicable Environmental Laws. Tenant shall be permitted to use and store small quantities of methanol at the Premises in connection with Tenant’s business operations, provided that such storage and use shall at all times comply with applicable laws, ordinances, regulations, and rules relating to the storage, use, and disposal of such substance. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time with adequate written notice for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (ba) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material, including but not limited to methanol, introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. The liability of Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination. (collectivelyb) Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, “Claims”demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) that Landlord Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises prior to the Commencement Date or by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. which Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (cnot be entitled to indemnity under Section 4.3(a) hereof. The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination. (c) Notwithstanding the foregoing, but without limiting Tenant’s liability under this Section 4.3, Tenant shall be entitled to use at the Premises office supplies regularly used in the conduct of Tenant’s business so long as the same are purchased, used, stored and disposed of in accordance with applicable Environmental Laws.

Environmental Requirements. (a) PROHIBITION/COMPLIANCE. Landlord has provided Tenant hereby agrees that: with copies of all environmental tests, reports, inspections, surveys, samples, studies, and other analyses of the Site and the Additional Site that are in Landlord's possession or control or that Landlord, through the exercise of commercially reasonable efforts, has been able to obtain from various Governmental Authorities having jurisdiction over "HAZARDOUS MATERIALS" (ias hereinafter defined) Tenant that may be present at the Site or the Additional Site (collectively, the "ENVIRONMENTAL INFORMATION") A list of the documents containing the Environmental Information is attached hereto as Exhibit M. Landlord shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Termbe responsible, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date hereby waives any aboveground or underground storage tank or right to assert any subsurface lines claim against Landlord, for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste Pre-Existing Contamination. In addition to the sanitary sewerforgoing, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material Materials to be brought upon, kept, or any condition of pollution or nuisance on used in or about the Premises, whether affecting surface water or groundwaterthe Project, air, the land or the subsurface environment; (v) Site in violation of applicable law. If Tenant shall promptly remove from breaches the Premises any obligation stated in the preceding sentence, if the presence of Hazardous Material which is introduced onto the Premises Materials permitted by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy results in contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), or if any contamination of the Premises, Project, Site, or any adjacent property (including the Additional Site) that is not expressly identified in the Environmental Information ("PREVIOUSLY UNKNOWN CONTAMINATION") is discovered during the Term or any Term Extension or renewal hereof or holding over hereunder and Tenant shall remove from cannot demonstrate that such Previously Unknown Contamination was present at the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after Site before the Effective Date (as defined in or is attributable solely to the Purchase Agreement); and (vi) if any unauthorized release actions or omissions of a Hazardous Material to the environment results in any condition of pollution person or nuisance occurring on or about or beneath the Premises entity other than Tenant, Tenant shall indemnify, defend, and the same arises from any act or omission of Tenant or hold Landlord, its agentsofficers, officersdirectors, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost agents and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord contractors harmless from any and all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Premises or any portion of the Project, damages for the loss or restriction on use of rentable or usable space or of any nature (including reasonable attorneys’ fees and disbursements incurred amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the investigationPremises or the Project, defense increase in the cost of designing, constructing, or permitting any additional improvements within the Project, and sums paid in settlement of claims) (collectively, “Claims”claims and Legal Fees) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on arise before or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, expiration or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the earlier termination of this Lease as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with respect any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil, or ground water above, on, or under the Premises, the Project, the Site, or any adjacent property (including the Additional Site). Without limiting the foregoing, if the presence of any Hazardous Materials within the Premises, the Project, the Site, or any adjacent property (including the Additional Site) caused or permitted by Tenant results in any contamination of the Premises, the Project, the Site, or any adjacent property (including the Additional Site), Tenant shall promptly take all actions at its sole expense as are necessary to acts return the Premises, the Project, the Site, or omissions any adjacent property (including the Additional Site) to the condition existing prior to the time of such contamination, provided that occur before Landlord's approval of such terminationaction shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises, the Project, or the Site.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term occur: (a) any unauthorized release violation of any Hazardous Material present or any condition of pollution future federal, state or nuisance on local law, ordinance or regulation related to environmental conditions in or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the rightincluding, but not the obligationlimited to, upon reasonable prior notice improvements or alterations made to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storageby Tenant, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s useits agents or contractors, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord.or (b) the use, generation, release, manufacture, refining, production, processing, storage or disposal of any “Hazardous Substances” (as hereinafter defined) in or about the Premises, or the transportation to or from the Premises of any Hazardous Substances, provided that Tenant may keep and use in the Premises such types and quantities of Hazardous Substances as are routinely and customarily used in normal office operations in buildings comparable to the Building, so long as Tenant stores, uses and disposes of such Hazardous Substances in compliance with the laws, ordinances and regulations referred to in clause (a). Tenant, at its expense, shall comply with each present and future federal, state and local law, ordinance and regulation related to environmental conditions in or about the Premises or Tenant’s use of the Premises, including, without limitation, all reporting requirements and the performance of any cleanups required by any governmental authorities. Tenant shall indemnify and indemnify, defend Landlord against and hold Landlord harmless Landlord, the Manager and its affiliates, and their respective agents, contractors and employees from and against all fines, suits, claims, demands, actions, judgmentsdamages, liabilities, costs, expenses, losses, damages, penalties, fines costs and obligations of any nature expenses (including reasonable attorneys’ fees and disbursements incurred consultants’ fees) asserted against or sustained by any such person or entity arising out of or in any way connected with Tenant’s failure to comply with its obligations under this Section, which obligations shall survive the investigation, defense expiration or settlement termination of claims) (collectivelythis Lease. As used in this Lease, “Claims”) that Hazardous Substances” shall include, without limitation, flammables; explosives; radioactive materials; asbestos containing materials (ACMs), excluding any ACMs which Landlord is required to xxxxx pursuant to Paragraph 6 of the Work Letter (as to which Tenant shall not have any obligation hereunder, notwithstanding any of the foregoing which may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease appear to be to the contrary); polychlorinated biphenyls (PCBs); chemicals known to cause cancer or reproductive toxicity; pollutants; contaminants; hazardous wastes; toxic substances; petroleum and petroleum products; chlorofluorocarbons (CFCs); and substances declared to be hazardous or toxic under any present or future federal, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result ofstate or local law, ordinance or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Dateregulation. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (ia) Tenant shall not conduct, or permit to be conducted, on the Premises any activity which is not a Permitted Activity; (b) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, which is not a Permitted Material on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practicesPremises; (iic) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s 's activities on the Premises during the TermPremises, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iiid) Tenant shall not engage in the storage, treatment or disposal on or about the Premises of any Hazardous Material except for any temporary accumulation of waste generated in the course of Permitted Activities; (e) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises Premises, the Property and the environment from accidental spills and releases; (ivf) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (vg) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced introduced, or permitted to be introduced, onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced handled by Tenant or permitted on the Premises after the Effective Date (as defined in the Purchase Agreement)by Tenant; and (vih) if any unauthorized release of a Hazardous Material to the environment results in environment, or any condition of pollution or nuisance occurring nuisance, occurs on or about or beneath the Premises and the same arises from as a result of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Termlicensees, Tenant shall, at Tenant’s 's sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx abate or otherwise respond to such unauthorized the release, pollution or pollutxxx xr nuisance in accordance with all applicable Environmental Laws; and (i) Tenant shall not use, store or handle any chlorinated solvent except for de minimus amounts contained in cleaning supplies provided that such chlorinated solvents and their de minimus amounts are used in conformance with Environmental Laws and good environmental practice. Landlord and Landlord’s 's representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s 's compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s 's use, storage or handling of any Hazardous Material Hazardoux Xxxxrial on the Premises does may not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten five (105) business days after Xxxxxx’s Tenant's receipt of such notice from Landlord. (b) Tenant . Txxxxx shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ ' fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or contractors on or after the Commencement Datelicensees. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant Mortgagor shall not use, store keep or otherwise handle, or permit any use, storage or other handling of, any cause the Mortgaged Property to be kept free of Hazardous Material in, on or about Materials; provided however that to the Premises during extent the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good presence of Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required on the Mortgaged Property has been disclosed to Mortgagee pursuant to the Contribution and Exchange Agreement by and between Mortgagor, Xxxxxx Xxxxxx-Eastview North Company, L.P., Mortgagee and Cali Realty Corporation, dated as of January __, 1997 (the "Contribution and Exchange Agreement"), the provisions of the Contribution and Exchange Agreement shall govern the remediation thereof. In furtherance thereof and subject to any Environmental Law for Tenant’s activities on express provisions in the Premises during the TermContribution and Exchange Agreement relating to Hazardous Materials, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant Mortgagor shall not cause or permit the Mortgaged Property to occur during be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials nor shall Mortgagor cause or permit, as a result of any intentional or unintentional act or omission on the Term part of Mortgagor or any unauthorized tenant or subtenant, a release of Hazardous Materials onto the Mortgaged Property or onto any other property. Mortgagor shall comply with and use its best efforts to ensure compliance by all tenants and subtenants with all applicable federal, state and local laws, ordinances, rules and regulations whenever and by whomever triggered, and shall obtain and comply with any and all approvals, registrations or permits required thereunder. Mortgagor shall defend, indemnify, and hold harmless the Mortgagee and its employees, agents, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to (i) the presence, disposal, release, or threatened release of any Hazardous Material Materials which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (ii) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (iii) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials; and/or (iv) any violation of laws, orders, regulations, requirements, or demands of government authorities, or any condition policies or requirements of pollution the Mortgagee, which are based upon or nuisance on in any way related to such Hazardous Materials including, without limitation, reasonable attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses; provided however that in the event Mortgagor has transferred the Mortgaged Property to Mortgagee pursuant to the Put-Call Agreement (as hereinafter defined), Mortgagor shall not indemnify, defend or about hold Mortgagee harmless from and against any claims relating to Hazardous Materials disclosed to Mortgagee in the PremisesContribution and Exchange Agreement or otherwise disclosed to Mortgagee and consented to by Mortgagee in writing. In the event this Mortgage is foreclosed, whether affecting surface water or groundwaterMortgagor tenders a deed in lieu of foreclosure, air, Mortgagor shall deliver the land or Mortgaged Property to the subsurface environment; (v) Tenant shall promptly remove from the Premises Mortgagee free of any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises and all Hazardous Materials and all Permitted Materials introduced by Tenant that do not exist on the Premises after Mortgaged Property as of the Effective Date (as defined in date hereof so that the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance Mortgaged Property shall conform with all applicable Environmental Lawsfederal, state and local laws, ordinances, rules or regulations affecting the Mortgaged Property. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements The provisions of this Lease Section 43 shall be in addition to any and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify all obligations and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord liabilities Mortgagor may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease have to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials Mortgagee at common law and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such terminationtransactions contemplated herein.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as “Environmental Laws; (iii) ”. Tenant shall not install after obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (hereinafter collectively referred to as “Permits”) and make all applicable filings required of Tenant under the Commencement Date any aboveground or underground storage tank or any subsurface lines Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, inspection and Tenant shall copying by Landlord at all times Tenant’s offices upon reasonable notice and during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) business hours. Tenant shall not cause or permit any flammable explosive, oil, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to occur during as “Hazardous Substances”) to be brought upon, kept or used in or about the Term Premises except for small quantities of such substances as is necessary in the ordinary course of Tenant’s business provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises, and Tenant shall give Landlord, if requested, written notice of the identity of such substances. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Material Substance by Tenant, and there exists a reasonable basis to conclude that Tenant was responsible for such release, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises. Tenant shall, from time to time, at Landlord’s request, execute such other affidavits, representations and the like concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim or injury, including attorneys’ fees, and the cost of any condition required or necessary repair, cleanup, remediation or detoxification, arising out of pollution (i) the use, manufacture, handling, storage, disposal or nuisance on release of any Hazardous Substances by Tenant, its agents and employees on, under or about the Premises, whether affecting surface water or groundwater, air, the land (ii) an actual violation of Environmental Laws by Tenant or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant operation of Tenant’s business on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Lease Term, Tenant shall, at Tenant’s sole cost . The foregoing covenants and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 indemnification shall survive the termination expiration of the Term of this Lease with respect to acts or omissions that occur before such terminationLease.

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant in the normal course for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or in the performance of Tenant Improvements, Tenant hereby agrees that: (i) represents, warrants and covenants that Tenant shall will not produce, use, store or otherwise handlegenerate any “Hazardous Materials” (as defined below) on, under or about the Premises. If Tenant will be utilizing Hazardous Materials, in addition to all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for a breach of representation, Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant’s failure to execute any such amendment within ten (10) days of Landlord’s delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements and all requirements of this Lease. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant’s transportation, storage, use; generation, manufacture, or permit release of Hazardous Materials on the Premises, and Tenant shall promptly deliver to Landlord a copy of any usenotice of violation relating to the Premises of any Environmental Requirement. Tenant shall not conduct any invasive environmental testing or investigation (including, storage or other handling ofwithout limitation, any Hazardous Material in, testing of any soils) on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenantwithout obtaining Landlord’s activities on the Premises during the Termprior written consent, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground investigations or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance remediation on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant Premises shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises be conducted only by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced consultant approved in writing by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice pursuant to Tenant and a work letter approved in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from writing by Landlord. (b) Tenant shall indemnify The term “Environmental Requirements” means all applicable present and defend Landlord against and hold Landlord harmless from all claimsfuture statutes, demandsregulations, actionsordinances, rules, codes, judgments, liabilitiespermits, costsauthorizations, expensesorders, losses, damages, penalties, fines and obligations policies or other similar requirements of any nature governmental authority, agency or court regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; the Clean Air Act; the Clean Water Act; the Toxic Substances Control Act and all state and local counterparts thereto, and any common or civil law obligations including, without limitation, nuisance or trespass, and any other requirements of Paragraphs 3 and 31 of this Lease. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant that is or could be regulated under any Environmental Requirement or that may adversely affect human health or the environment, including, without limitation, any solid or hazardous waste, hazardous substance, asbestos, petroleum (including reasonable attorneys’ fees crude oil or any fraction thereof, natural gas, synthetic gas, polychlorinated biphenyls (PCBs), and disbursements incurred in radioactive material). For purposes of Environmental Requirements, to the investigationextent authorized by law, defense or settlement Tenant is and shall be deemed to be the responsible party, including without limitation, the “owner” and “operator” of claims) (collectively, Tenant’s “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from facility” and the presence, use, storage, transportation, treatment, disposal, release or other handling, “owner” of all Hazardous Materials brought on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or Tenant, its agents, officers, employees, contractors or contractors on or after invitees, and the Commencement Date. Notwithstanding anything contained in the Lease to the contrarywastes, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result ofby-products, or in connection withresidues generated, claims arising from the presenceresulting, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Dateproduced therefrom. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Except for Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored contained in products used in reasonable quantities and handled in compliance with all applicable Environmental Laws Requirements in connection with the construction of the Initial Improvements or for ordinary cleaning, maintenance and good office purposes, neither Tenant nor Landlord shall bring any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on Material upon the Premises during or transport, store, use, generate, manufacture, or release any Hazardous Material in or about the TermPremises or permit or cause any other party to do any of the foregoing. Tenant, at its sole cost and Tenant expense, shall at all times during cause the Term Initial Improvements to comply with all applicable Environmental Laws; (iii) Tenant Requirements and shall not install after operate its business in the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of Premises in compliance with all Environmental Requirements and shall immediately remediate any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance released on or about from the Premises, whether affecting surface water or groundwater, air, the land Initial Improvements or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises Land by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during the Terminvitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant's transportation, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use handling, generation, manufacture, use, or release of Hazardous Materials on the Premises. As Manager Landlord shall complete and handling certify to similar disclosure statements requested by Tenant from time to time. If the release of any Hazardous Material on the Premises or the Land caused or permitted by Tenant, its agents, employees, contractors or invitees, with or without Landlord's consent, results in order any contamination, damage or injury to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s usePremises, storage the Initial Improvements, the Land, the environment or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Lawhuman health, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from promptly take all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur actions at its sole expense as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath are necessary to return the Premises, Initial Improvements or Land to the condition existing prior to the release of any such Hazardous Material introduced or permitted on or about or beneath and as may be required by Environmental Requirements, provided that Landlord's written approval shall first be obtained in cases where the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Dateare to be physically altered. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations The same requirement shall apply with respect to remediation any release of Hazardous Materials and to indemnify caused by Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Dateas Manager or its employees or agents. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, Actual or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release threatened action or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises litigation by any act governmental authority is not a condition prerequisite to Tenant's or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant Landlord's obligations under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such terminationParagraph.

Environmental Requirements. (a) Except for Hazardous Material contained in products used by Tenant hereby agrees that: (i) in its manufacturing processes or in de minimis quantities for ordinary cleaning and office purposes, Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material inupon the Premises or transport, on store, use, generate, manufacture or release any Hazardous Material in or about the Premises during without Landlord’s prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Term, other than Permitted Materials that are used, stored and handled Premises in strict compliance with all applicable Environmental Laws Requirements and good shall remediate in a manner satisfactory to Landlord any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities released on or from the Premises during the Term, and Tenant shall at all times during the Lease Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance otherwise released on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant’s transportation, storage, use, generation, manufacture or release of Hazardous Materials on the TermPremises. The term “Environmental Requirements” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Tenant shall, at is and shall be deemed to be the “operator” of Tenant’s sole cost “facility” and expense, promptly undertake the “owner” of all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in order value of the Premises and loss of rental income therefrom), claims, demands, actions, suits, damages (including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys’ fees, consultant fees or expert fees and including, without limitation, removal or management of any asbestos brought into the property or disturbed in breach of the requirements of this Paragraph 30, regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred by Landlord as a result of any release of Hazardous Materials for which Tenant is obligated to remediate as provided above or any other breach of the requirements under this Paragraph 30 by Tenant, its agents, employees, contractors, subtenants, assignees or invitees, regardless of whether Tenant had knowledge of such noncompliance. The obligations of Tenant under this Paragraph 30 shall survive any termination of this Lease. Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant’s compliance with Environmental Requirements, its obligations under this Paragraph 30, or the requirements environmental condition of this Lease and applicable Environmental Lawthe Premises. If Access shall be granted to Landlord gives written upon Landlord’s prior notice to Tenant that and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant’s useoperations. Such inspections and tests shall be conducted at Landlord’s expense, storage unless such inspections or handling of tests reveal that Tenant has not complied with any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental LawRequirement, in which case Tenant shall correct any reimburse Landlord for the reasonable cost of such violation within ten (10) business days after Xxxxxxinspection and tests. Landlord’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of or satisfaction with any nature (including reasonable attorneys’ fees and disbursements incurred environmental assessment in the investigation, defense or settlement of claims) (collectively, “Claims”) no way waives any rights that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, holds against Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the termination of this Lease with respect to acts or omissions that occur before such termination.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store permit or otherwise handle, or permit cause any use, storage or other handling of, party to bring any Hazardous Material in, on upon the Premises or store or use any Hazardous Material in or about the Premises during without Landlord's prior written consent, except in de minimus quantities for standard office cleaning and printing use and except as set forth on Addendum D attached hereto. Tenant, at its sole cost and expense, shall operate its business in the Term, other than Permitted Materials that are used, stored and handled Premises in compliance with all applicable Environmental Laws Requirements and good shall, in accordance with Environmental Requirements, immediately remediate any Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance released on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises Project by Tenant after the Commencement Date which is not a Permitted Material andTenant, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees subtenants or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with invitees. The term "Environmental Requirements" means all applicable Environmental Laws. Landlord present and Landlord’s representatives shall have the rightfuture statutes, but not the obligationregulations, upon reasonable prior notice ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to Tenant and in accordance with the terms and health, safety, or environmental conditions of Section 4.5 belowon, to enter under, or about the Premises at or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any reasonable time for the purpose of inspecting the storageregulations or policies promulgated or issued thereunder. The term "Hazardous Materials" means and includes petroleum (as defined in CERCLA) and any substance, use and handling of material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental LawRequirements. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises or the Project and loss of rental income from the Project), claims, demands, actions, judgmentssuits, liabilitiesdamages (including, costswithout limitation, punitive damages), expenses (including, without limitation, remediation, corrective action, or cleanup expenses), lossesand costs (including, damageswithout limitation, penaltiesactual attorneys' fees, fines and obligations of any nature (including reasonable attorneys’ consultant fees and disbursements or expert fees) which are brought or recoverable against, or suffered or incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that by Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath breach of the Premises obligations under this Paragraph 29 by any act or omission of Tenant or Tenant, its agents, officers, employees, contractors, subtenants, or contractors on or after the Commencement Dateinvitees, regardless of whether Tenant had knowledge of such noncompliance. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against The indemnification and hold harmless obligations of Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 shall survive the any termination of this Lease Lease. Subject to the requirements of Section 19 hereof, Landlord shall have reasonable access to, and a right to perform inspections and tests of, the Premises as it may require to determine Tenant's compliance with respect Environmental Requirements and Tenant's obligations under this Paragraph 29. Access shall be granted to acts Landlord upon Landlord's prior notice to Tenant and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant's operations. Such inspections and teats shall be conducted at Landlord's expense, unless such inspections or omissions tests reveal that occur before Tenant has not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such terminationinspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in no way waives any rights that Landlord holds against Tenant. Landlord will provide Tenant with copies of reports and findings of all inspections and tests. Landlord agrees to be bound by the environmental covenants, representations and warranties set forth on Addendum E attached hereto.

Environmental Requirements. Tenant shall comply with all applicable -------------------------- federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as "Environmental Laws." Tenant shall obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (ahereinafter collectively referred to as "Permits") and make all applicable filings required of Tenant hereby agrees that: (i) under the Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for inspection and copying by Landlord at Tenant's offices upon reasonable notice and during business hours. Tenant shall not use, store or otherwise handle, cause or permit any useflammable explosive, storage oil, contaminant, radioactive material, hazardous waste or other handling ofmaterial, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to as "Hazardous Material inSubstances") to be brought upon, on kept or used in or about the Premises during except for small quantities of such substances as is necessary in the Termordinary course of Tenant's business provided that Tenant shall handle, other than Permitted Materials that are usedstore, stored use and handled dispose of any such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises, and Tenant shall give Landlord written notice of the identity of such substances. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Substance by Tenant or Tenant's agents or invitees during the Term hereof, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim or injury, including handling, storage, disposal or release of any Hazardous Substances by Tenant, its agents and employees on, under or about the Premises, including, without limitation, the cost of any required or necessary repair, cleanup, remediation or detoxification, or arising from an actual or alleged violation of Environmental Laws and good Hazardous Materials handling practices; (ii) in connection with the occupancy of the Premises by Tenant shall obtain and maintain in effect all permits and licenses required pursuant to or any Environmental Law for occupant of the Premises or the operation of Tenant’s activities 's business on the Premises during the Term, . The foregoing covenants and Tenant shall at all times during the Term comply with all applicable Environmental Laws; (iii) Tenant shall not install after the Commencement Date any aboveground or underground storage tank or any subsurface lines for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, and Tenant shall at all times during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) Tenant shall not cause or permit to occur during the Term any unauthorized release of any Hazardous Material or any condition of pollution or nuisance on or about the Premises, whether affecting surface water or groundwater, air, the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto the Premises by Tenant after the Commencement Date which is not a Permitted Material and, on or before the date Tenant ceases to occupy the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on or about or beneath the Premises by any act or omission of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 indemnification shall survive the termination expiration of this Lease with respect to acts or omissions that occur before such terminationthe Term.

Environmental Requirements. (a) Tenant hereby agrees that: (i) Tenant shall not use, store or otherwise handle, or permit any use, storage or other handling of, any Hazardous Material in, on or about the Premises during the Term, other than Permitted Materials that are used, stored and handled in compliance with all applicable Environmental Laws and good Hazardous Materials handling practices; (ii) Tenant shall obtain and maintain in effect all permits and licenses required pursuant to any Environmental Law for Tenant’s activities on the Premises during the Term, and Tenant shall at all times during the Term comply with all applicable federal, state and local environmental laws, ordinances and all amendments thereto and rules and regulations implementing the same, together with all common law requirements, which relate to discharge, emissions, waste, nuisance, pollution control, hazardous substances and other environmental matters as the same shall be in existence during the Lease Term. All of the foregoing laws, regulations and requirements are hereinafter referred to as “Environmental Laws; (iii) ”. Tenant shall not install after obtain all environmental licenses, permits, approvals, authorizations, exemptions, certificates and registrations (hereinafter collectively referred to as “Permits”) and make all applicable filings required of Tenant under the Commencement Date any aboveground or underground storage tank or any subsurface lines Environmental Laws required by Tenant to operate at the Premises. The Permits and required filings shall be made available for the storage or transfer of any Hazardous Material, except for the lawful discharge of waste to the sanitary sewer, inspection and Tenant shall copying by Landlord at all times Tenant’s offices upon reasonable notice and during the Term store all Hazardous Materials in a manner that protects the Premises and the environment from accidental spills and releases; (iv) business hours. Tenant shall not cause or permit any flammable or explosive material, petroleum or petroleum by-products, contaminant, radioactive material, hazardous waste or material, toxic waste or material or any similar substance which is or may become regulated under any applicable federal, state or local law (hereinafter collectively referred to occur during as “Hazardous Substances”) to be brought upon, kept or used in or about the Term Premises except in compliance with Environmental Laws and except for small quantities of such substances as is necessary in the ordinary course of Tenant’s business provided that Tenant shall handle, store, use and dispose of any unauthorized such Hazardous Substance in compliance with all applicable laws and the highest standards prevailing in the industry for the storage and use of such substances or materials, in a manner which is safe and does not contaminate the Premises, and Tenant shall give Landlord written notice of the identity of such Hazardous Substances. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of any Hazardous Material Substance due to Tenant’s failure to comply with the terms of this Lease, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement applies to the Premises. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous Substances on the Premises. Tenant hereby agrees to indemnify and hold Landlord harmless from any liability, claim or injury, including without limitation reasonable attorney fees and the cost of any condition required or necessary repair, cleanup, remediation or detoxification arising out of pollution (i) the use, manufacture, handling, storage, disposal or nuisance on release of any Hazardous Substances by Tenant, its agents and employees on, under or about the Premises, whether affecting surface water or groundwater, air, (ii) an actual or alleged violation of Environmental Laws in connection with the land or the subsurface environment; (v) Tenant shall promptly remove from the Premises any Hazardous Material which is introduced onto occupancy of the Premises by Tenant after or any occupant of the Commencement Date which is not a Permitted Material andPremises or the operation of Tenant’s business on the Premises during the Lease Term, on except to the extent any such violations are occasioned by the acts or before negligence of Landlord, its agents, employees, customers or invitees. Landlord represents and warrants that, to the date Tenant ceases to occupy best of its knowledge, the Building, the Premises, Tenant shall remove from the Premises all Hazardous Materials and all Permitted Materials introduced by Tenant on the Premises after the Effective Date (as defined in the Purchase Agreement); and (vi) if any unauthorized release of a Hazardous Material to the environment results in any condition of pollution or nuisance occurring on or about or beneath the Premises and the same arises from Project are not in violation of any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees during the Term, Tenant shall, at Tenant’s sole cost and expense, promptly undertake all remedial measures required to clean up and xxxxx or otherwise respond to such unauthorized release, pollution or nuisance in accordance with all applicable Environmental Laws. Landlord and Landlord’s representatives shall have the right, but not the obligation, upon reasonable prior notice to Tenant and in accordance with the terms and conditions of Section 4.5 below, to enter the Premises at any reasonable time for the purpose of inspecting the storage, use and handling of any Hazardous Material on the Premises in order to determine Tenant’s compliance with the requirements of this Lease and applicable Environmental Law. If Landlord gives written notice to Tenant that Tenant’s use, storage or handling of any Hazardous Material on the Premises does not comply with this Lease or applicable Environmental Law, Tenant shall correct any such violation within ten (10) business days after Xxxxxx’s receipt of such notice from Landlord. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, actions, judgments, liabilities, costs, expenses, losses, damages, penalties, fines and obligations of any nature (including reasonable attorneys’ fees and disbursements incurred in the investigation, defense or settlement of claims) (collectively, “Claims”) that Landlord may incur as a result of, or in connection with, claims arising from the presence, use, storage, transportation, treatment, disposal, release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced or permitted on or about or beneath the Premises by any act or omission of Tenant or its agents, officers, employees, or contractors on or after the Commencement Date. Notwithstanding anything contained in the Lease to the contrary, Tenant’s obligations with respect to remediation of Hazardous Materials and hereby agrees to indemnify Landlord for Hazardous Materials at the Premises shall only apply to Hazardous Materials that Landlord proves were first introduced to the Premises following the Commencement Date. Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all Claims that Tenant may incur as a result ofany liability, claim or in connection withinjury, claims including without limitation reasonable attorney fees and the cost of any required or necessary repair, cleanup, remediation or detoxification arising from out of (i) the presenceuse, usemanufacture, handling, storage, transportation, treatment, disposal, disposal or release or other handling, on or about or beneath the Premises, of any Hazardous Material introduced on Substances by Landlord, its agents and employees on, under or about the Project in violation of Environmental Laws, or beneath the Premises by (ii) Landlord’s breach of any act provision or omission representation or warranty of Landlord or its agents, officers, employees or contractors on or after the Commencement Date. (c) The liability of Landlord and Tenant under this Section 4.3 8 applicable to Landlord. The foregoing covenants and indemnification in this Section 8 shall survive the termination expiration of the Term of this Lease with respect to acts or omissions that occur before such terminationLease.