Common use of Hazardous and Toxic Materials Clause in Contracts

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulations.regulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulationsLaws. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) Landlord has no current knowledge of the presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials. In the event that Hazardous or Toxic Materials are discovered on the Property, and the same do not exist on the Property as a result of Tenant’s actions or the actions of Tenant’ agents, employees or contractors, Landlord shall remediate the same in accordance with the Building during standards above in subsection 4.1.3(b), at Landlord’s sole cost and expense. If mold is found at the Lease TermProperty, and such Hazardous or Toxic Materials were mold was not caused or introduced created by Tenant, Landlord will shall cause such Hazardous or Toxic Materials mold to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within removed from the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic MaterialsProject as soon as reasonably possible.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current actual knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, Premises or otherwise handledpose any material risk or material threat to the health, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend safety or welfare of Tenant against all claims, losses and damages that arise out or any of the presence of such Hazardous and Toxic Materialsits employees or guests.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanup, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials ("ACM") and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to know laws or requirements. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materialsmaterials at or on the Premises, Building or the Project except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s 's business and then only if (i) such materials are in small quantities, properly labeled and contained, (ii) such materials are handled and disposed of in accordance with the highest accepted industry standards for safety, storage, use and disposal, (iii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such hazardous or toxic material and (iiiv) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulations. Landlord shall have the right, but not the obligation, right to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) . Landlord shall not knowingly dispose of any hazardous or toxic materials on the Project and shall otherwise deal with all hazardous or toxic materials at the Project in a manner that will not materially and adversely affect Tenant's access, use or occupancy of the Premises. If Landlord or Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which on the Project that affect the Premises, Tenant the party having knowledge shall notify Landlord the other party thereof in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (dc) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.102 or otherwise contaminate the Premises Premises, Building or the PropertyProject with hazardous or toxic materials, then Tenant shall, at its sole cost and expense, cleanupshall clean-up, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and shall repair any damage to the Premises or Premises, Building and Project within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”)Landlord. Tenant shall notify Landlord of its method, time and procedure for any clean clean-up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s 's obligations under this subsection 4.1 02(c) shall survive the termination or expiration of this Lease. Tenant represents to Landlord that, except as has been disclosed to Landlord, Tenant has never been cited for or convicted of any hazardous or toxic materials violations under applicable laws, rules or regulations. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY SECTION 4.2 COMPLIANCE WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection shall survive the termination or expiration of this LeaseLAWS. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection Section 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection Section 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during Premises or otherwise pose any material risk or material threat to the Lease Termhealth, and such Hazardous safety or Toxic Materials were not caused welfare of Tenant or introduced by Tenantany of its employees or guests. If Landlord or Landlord's employees, Landlord will agents or contractors cause such Hazardous or Toxic Materials to be remediated, encapsulated, located at the Property or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages if any Hazardous or Toxic Materials exists that arise out predates Tenant's occupancy of the presence of such Hazardous Property (including any Early Occupancy Period), Landlord shall perform the Remediation Work at its sole cost and Toxic Materials.expense. If Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or fifteen (15) days in anytwelve

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection Section 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection Section 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during Premises or otherwise pose any material risk or material threat to the Lease Termhealth, and such Hazardous safety or Toxic Materials were not caused welfare of Tenant or introduced by Tenantany of its employees or guests. If Landlord or Landlord's employees, Landlord will agents or contractors cause such Hazardous or Toxic Materials to be remediated, encapsulated, located at the Property or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages if any Hazardous or Toxic Materials exists that arise out predates Tenant's occupancy of the presence of such Hazardous Property (including any Early Occupancy Period), Landlord shall perform the Remediation Work at its sole cost and Toxic Materials.expense. If Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or fifteen (15) days in any twelve

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals or otherwise regulated under then-current applicable governmental laws, rules or regulations. (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of at, the Premises, the Building or on the Land any hazardous or toxic materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, (ii) such materials are handled and disposed of in accordance with the accepted industry standards and all Applicable Laws (as defined in Section 4.3) for safety, storage, use and disposal, (iii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such hazardous or toxic material and (iiiv) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental laws, rules and regulationsApplicable Laws. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) Landlord shall not knowingly dispose of at the Premises, Building or the Land any hazardous or toxic materials and shall otherwise remove or remediate with all hazardous or toxic materials at the Premises, Building or Land of which Landlord becomes aware when and if required by Applicable Laws and to the extent economically, in a manner feasible that will not materially and adversely affect Tenant’s access, use or occupancy of the Premises. (d) If Landlord or Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant the party having knowledge shall notify Landlord the other party thereof in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (de) If Tenant or its employees, invitees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection 4.1.2 or otherwise contaminate the Premises or the Property, then Tenant shall, at its sole cost and expense, cleanupclean up, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations Applicable Laws and then prevalent industry practice and standards and shall repair any damage to the Premises or Building within such period of time as may be reasonable under the circumstances after written notice by Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection 4.1.2(e) shall survive the termination or expiration of this Lease. (ef) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and Tenant shall reimburse Landlord for any expenses incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in writing in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection 4.1.2(f) shall survive the termination or expiration of this Lease. (f) In the event that Hazardous or Toxic Materials are discovered in the Building during the Lease Term, and such Hazardous or Toxic Materials were not caused or introduced by Tenant, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materials.

Hazardous and Toxic Materials. (a) For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to-know laws or requirements (individually and collectively, “Environmental Laws”). (b) Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsthe highest accepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph paragraph (b) of this subsection Section 4.1.3 or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Tenant or Landlord shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such period of time as may be reasonable under the circumstances after written notice by Xxxxxxxx. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection Section 4.1.3(b) shall survive the expiration or earlier termination or expiration of this Lease. (fc) In Landlord has no current knowledge of the event that presence of, and Landlord shall not knowingly dispose of at the Premises or any other portion of the Property, any Hazardous or Toxic Materials are discovered in that would materially and adversely affect Tenant’s access, use or occupancy of the Building during Premises or otherwise pose any material risk or material threat to the Lease Termhealth, and such Hazardous safety or Toxic Materials were not caused welfare of Tenant or introduced by Tenantany of its employees or guests. If Landlord or Landlord's employees, Landlord will agents or contractors cause such Hazardous or Toxic Materials to be remediated, encapsulated, located at the Property or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages if any Hazardous or Toxic Materials exists that arise out predates Tenant's occupancy of the presence of such Hazardous Property (including any Early Occupancy Period), Landlord shall perform the Remediation Work at its sole cost and Toxic Materials.expense. If Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or fifteen (15) days in any twelve

Hazardous and Toxic Materials. (a) a. For purposes of this Lease, hazardous or toxic materials shall mean asbestos containing materials and all other materials, substances, wastes and chemicals classified as hazardous or toxic substances, materials, wastes or chemicals (individually and collectively, “Hazardous or otherwise regulated Toxic Materials”) under then-current applicable governmental laws, rules or regulationsregulations or that are subject to any right-to- know laws or requirements (individually and collectively, “Environmental Laws”). (b) b. Tenant shall not knowingly incorporate into, or use or otherwise place or dispose of atat the Premises or any other portion of the Property, the Premises, the Building any Hazardous or on the Land any hazardous or toxic materialsToxic Materials, except for use and storage of cleaning and office supplies used in the ordinary course of Tenant’s business and then only if (i) such materials are in small quantities, properly labeled and contained, and (ii) such materials are used, transported, stored, handled and disposed of in accordance with all applicable governmental lawsaccepted industry standards for safety, rules storage, use and regulationsdisposal. Landlord shall have the right, but not the obligation, to periodically inspect, take samples for testing and otherwise investigate the Premises for the presence of hazardous or toxic materials. (c) If Tenant ever has any knowledge of the presence in the Premises or the Building or the Land of hazardous or toxic materials which affect the Premises, Tenant shall notify Landlord in writing promptly after obtaining such knowledge. Tenant acknowledges that Landlord has advised Tenant of the existence of asbestos containing materials used during the initial construction of the Building. An operation and maintenance plan has been established to monitor such materials and has been made available to Tenant; however, the Environmental Protection Agency (EPA) has concluded that “The presence of asbestos in a building does not mean that the health of building occupants is endangered.” The EPA further states “If asbestos-containing material (ACM) remains in good condition and is unlikely to be disturbed, exposure will be negligible.” (d) If Tenant or its employees, agents or contractors shall ever violate the provisions of Paragraph this paragraph (b) of this subsection or otherwise contaminate the Premises or the Property, then Tenant shallthen, at its sole cost and expenseLandlord’s election, cleanupeither Landlord or Tenant shall clean, remove and dispose of the material causing the violation, or remove or remediate the contamination in compliance with all applicable governmental standards, laws, rules and regulations and then prevalent industry practice and standards and (the “Remediation Work”). In the event Tenant performs such work, Tenant shall repair any damage to the Premises or Building within the Property (collectively with the Remediation Work, “Tenant’s Environmental Corrective Work”) in such a period of time as may be reasonable under the circumstances after written notice by Landlord. In the event Landlord (collectively, “Tenant’s Environmental Corrective Work”). Tenant shall notify Landlord of its method, time and procedure for any clean up or removal and Landlord shall have performs the right to require reasonable changes in such method, time or procedure or to require the same to be done after normal business hours. Tenant’s obligations under this subsection shall survive the termination or expiration of this Lease. (e) If any Tenant’s Environmental Corrective Work (i) is to occur outside of the Premises or (ii) will in any way affect any portion of the Building other than the Premises, then Landlord shall have the right, but not the obligation, after giving Tenant advance notice and an [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. opportunity to perform such Work, to undertake Tenant’s Environmental Corrective Work, and within thirty (30) days after receiving an invoice, Tenant shall reimburse Landlord for any expenses the costs incurred by Landlord in undertaking Tenant’s Environmental Corrective Work. Tenant shall allow Landlord, its agents, employees and contractors such access to the Premises as Landlord may reasonably request in order to perform such Tenant’s Environmental Corrective Work. Tenant’s obligations under this subsection paragraph (b) shall survive the expiration or earlier termination or expiration of this Lease. (f) c. If at any time prior to the Initial Term, Landlord conducted an environmental assessment and/or inspection of the on the Premises or any testing of the soil and groundwater, such test results shall have been provided to Tenant prior to the Effective Date. In the event that Hazardous the Tenant incurs expense of any kind to bring the Premises into compliance with any federal, state or Toxic Materials are discovered local laws, regulations or rules arising from a condition of environmental impairment or a spill, leak, discharge or deposit of a hazardous substance on the Premises which occurred or existed prior to Tenant’s occupancy of the Premises, Landlord shall indemnify, defend and hold Tenant harmless against such expense and shall reimburse Tenant for all such costs incurred. d. After execution of this Lease, Tenant will be conducting an environmental assessment and/or inspection of the Premises and such test results shall be provided to Landlord upon completion of the inspection or testing. This Lease is contingent on the results of the environmental assessment and/or inspection being acceptable to Tenant, in the Building during the Lease Termits discretion, and such Hazardous or Toxic Materials were Tenant may cancel this Lease if the results are not caused or introduced by Tenantacceptable, Landlord will cause such Hazardous or Toxic Materials to be remediated, encapsulated, or otherwise handled, at Landlord’s expense, within the time frames and parameters required by applicable law and shall indemnify and defend Tenant against all claims, losses and damages that arise out of the presence of such Hazardous and Toxic Materialsin its discretion.