Common use of Hazardous Material Clause in Contracts

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. The indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Date.

Hazardous Material. Tenant None of the Co-Borrowers or the Guarantors shall not cause or permit any Hazardous Material property owned or occupied by the Co-Borrowers or the Guarantors to be brought uponused to generate, keptmanufacture, refine, transport, treat, store, handle, dispose, transfer, produce or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or inviteesprocess Hazardous Materials, except in strict compliance with all applicable federal, state and local laws or regulations nor shall any such entity cause or permit, as a result of any intentional or unintentional act or omission on the part of such entity or any tenant or subtenant, a release of Hazardous Materials onto any property owned or occupied by any such entity or onto any other property. Each of the Co-Borrowers and the Guarantors shall comply with all applicable federal, state and local laws, ordinances, rules and regulations, codes whenever and ordinances. If Tenant breaches the obligations stated in the preceding sentenceby whomever triggered, then Tenant and shall indemnifyobtain and comply with, defend and hold Landlord harmless from any and all claimsapprovals, judgments, damages, penalties, fines, costs, liabilities registrations or losses permits required thereunder. Each of the Co-Borrowers and the Guarantors shall execute any documentation required by any Bank in connection with the covenants contained herein. The Co-Borrowers and the Guarantors shall indemnify each Bank (including, without limitation, diminution in the value of the PremisesAgent) against any liability, damages for the loss loss, cost, damage or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. The indemnification by Tenant includesexpense (including, without limitation, costs incurred in connection with reasonable attorneys' fees) arising from (a) the imposition or recording of a Lien by any investigation of site conditions local, state, or any cleanup, remedial, removal federal governments or restoration work, whether governmental agency or not required by authority pursuant to any federal, state or local governmental agency statute or political subdivision, because of regulation relating to Hazardous Material present in Materials or the Premises, or in soil or groundwater on or under the Premises. Tenant shall immediately notify Landlord removal thereof; (b) claims of any inquiryprivate parties regarding violations of laws regulating Hazardous Materials; and (c) costs and expenses (including, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoingwithout limitation, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal reasonable attorneys' fees and state standards applicable fees incidental to the release securing of repayment of such costs and expenses) incurred by the Agent in connection with the removal of any such Lien or in connection with compliance by the Agent or any such entity with any statute, regulation or order regulating Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement DateMaterials.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or about, or disposed of on about the Leased Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premisesproperty, damages for the loss or restriction on use of rentable or usable useable space or of any amenity of Bellevue Place or the Premises, Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at the PremisesBellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesBellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any unlawful release contamination of Hazardous Material on the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Leased Premises, Bellevue Place or any other property to the release condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. Notwithstanding anything to the contrary As used herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to the term “Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials onMaterial” means any hazardous, in dangerous, toxic or under harmful substance, material or waste which is or becomes regulated by any local governmental authority, the Premises prior to State of Washington or the Commencement DateUnited States Government.

Hazardous Material. Tenant Lessee hereby indemnifies and holds Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees for, any and all “Losses” (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release of any Hazardous Material Materials by Lessee on the premises which first occurs during the Term of this Lease, whether foreseeable or unforeseeable, and whether or not known to Lessee, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the premises is in compliance and causing the premises to be brought upon, kept, or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federalEnvironmental Laws, state all costs and local lawsfees associated with claims for damages to persons, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesproperty, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesnatural resources, and sums paid in settlement of claims, Lessor’s reasonable attorneys’ fees, consultant fees and expert consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord either Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the premises during the Term of this Lease, or after by reason of the Lease term. The indemnification imposition of any governmental lien for the recovery of environmental clean-up costs expended by Tenant includesreason of such violation, without limitationit being expressly understood and agreed that to the extent Lessor and Lessor’s officers, costs incurred in connection with any investigation of site conditions directors, shareholders, managers, members, agents and employees, or any cleanupof them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant this indemnity shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material likewise be without regard to fault on the Premises. Without limiting the foregoing, if the presence part of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord Lessee with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, the violation of law which results in or under the Premises prior to the Commencement Date.such liability. “

Hazardous Material. Tenant shall not cause or permit any Hazardous Material Material, as defined below, to be brought upon, kept, kept or used in or about, about the Leased Premises or disposed of on the Premises Building by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material caused or permitted by Tenant results in contamination of the Leased Premises or any part of the Building or any other property, or if contamination of the Leased Premises or any part of the Building or other property by any Hazardous Material otherwise occurs for which Tenant may be legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premisesproperty, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building or the Leased Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the PremisesBuilding, damages to any other property and sums amounts paid in settlement of claims, reasonable attorneys’ ' fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The Without limiting the foregoing, this indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation Building or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoingother property, if the presence of any Hazardous Material brought upon, kept caused or used in or about the Premises permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any unlawful release contamination of Hazardous Material on the Leased Premises or any part of the Building or other property, . Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to properly remediate return the Leased Premises in accordance with federal and state standards applicable the Building or other property to the release condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s 's approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises or the Building or other property. Notwithstanding anything to the contrary As used herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Date.term "

Hazardous Material. Property. Tenant, its agents, employees, contractors, sublessees, Space Tenants or invitees (the “Tenant Parties”) shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or aboutabout the Campus, unless such Hazardous Material is (i) identified to Landlord prior to its presence on the Campus, (ii) necessary to the lawful business of any such person or entity and (iii) such Hazardous Material is used, kept, stored and disposed of on in a manner that complies with all Legal Requirements regulating any such Hazardous Material so brought upon or used or kept in or about the Premises by Tenant, Campus. If Tenant or its agents, employees, contractors contractors, sublessees, Space Tenants or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant invitees breaches the obligations stated in the preceding sentencesentence or if the presence of Hazardous Material on the Campus, even if present with the consent of Landlord, results in any contamination or deposit of Hazardous Material in violation of Legal Requirements on the Campus, then Tenant shall indemnify, defend and hold Landlord Indemnitees harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination or presence unless, and only to the extent, such breach or contamination is caused by Landlord or its agents, employees, or contractors, in which event Landlord shall be responsible therefor as set forth with respect to a contamination of the Campus under Section 10.6 below. The This indemnification of Landlord Indemnitees by Tenant includes, without limitation, costs and reasonable attorneys’ fees incurred by Landlord Indemnitees in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration workwork performed by any individual or entity, regardless of whether such investigation or not work is required by any federal, state or local governmental agency Governmental Authority or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant Campus, and shall immediately notify Landlord survive the cancellation, termination or expiration of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesTerm. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Campus caused or used in permitted by Tenant or about the Premises by Tenant, its agents, employees, contractors or invitees, Tenant Parties results in any unlawful release of Hazardous Material on the Premises contamination or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Date.presence of

Hazardous Material. Tenant Lessee hereby indemnifies and holds Lessor and Xxxxxx’s officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Lessor and Xxxxxx’s officers, directors, shareholders, managers, members, agents and employees for, any and all “Losses” (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release or presence of any Hazardous Material to be brought upon, kept, or used in or about, or disposed of Materials on the Premises which first occurs during the Term of this Lease, whether foreseeable or unforeseeable, and caused by TenantXxxxxx, its agentsit being understood and agreed that the foregoing indemnity includes, employeesbut is not limited to, contractors all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or inviteesother required plans, except all costs of determining whether the Premises is in strict compliance and causing the Premises to be in compliance with all applicable federalEnvironmental Laws, state all costs and local lawsfees associated with claims for damages to persons, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesproperty, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesnatural resources, and sums paid in settlement of claims, Lessor’s reasonable attorneys’ fees, consultant fees and expert consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord either during or after the Lease term. The indemnification Lessor by Tenant includes, without limitation, costs incurred in connection with reason of any investigation violation of site conditions or any cleanup, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premisesapplicable Environmental Law which occurs, or in soil has occurred, upon the Premises during the Term of this Lease, or groundwater on or under by reason of the Premises. Tenant shall immediately notify Landlord imposition of any inquirygovernmental lien for the recovery of environmental clean-up costs expended by reason of such violation. “Losses” shall mean any and all loss, investigation claim, liability, damages, injuries to person, property or notice that Tenant may receive natural resources, cost, expense, action or cause of action arising from any third party regarding the actual or suspected presence actions of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by TenantLessee, its agents, employees, contractors employees or invitees. Lessee hereby covenants and agrees that all obligations of Lessee under this Section shall survive any termination of the Lease, results it being further understood and agreed that the rights of Lessor under this Section shall be in any unlawful release of Hazardous Material on the Premises or addition to any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal rights and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations remedies under this Lease or at law or in equity. Any amount due to indemnify Landlord Lessor under this Section not paid by Xxxxxx within thirty (30) days after written demand therefore from Lessor shall bear interest at Prime plus three percent (3%) per annum. Lessee shall comply with respect to all Environmental Laws throughout the Term. Lessor hereby indemnifies and holds Xxxxxx and Xxxxxx’s employees, agents and invitees harmless from and against any and all Losses arising from causes which are not covered by Xxxxxx’s indemnity above, including, but not limited to, any Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under on the Premises prior to the Commencement DateTerm of this Lease and any Hazardous Materials which may in the future be caused by Lessor or other third parties.

Hazardous Material. 22.01 Tenant shall not cause or permit permit, any Hazardous Material (as such term is defined in the Purchase Agreement) to be brought or remain upon, kept or used in or about the Leased Property or the Facility. 22.02 In addition to, and in no way limiting Tenant’s duties and obligations as set forth in this Lease, or if the presence of any Hazardous Material in or upon the Leased Property or the Facility, that Tenant causes or permits to be brought upon, keptused, remained upon or kept at the Leased Property results in contamination of the Leased Property, the Facility, the atmosphere, or used in any water or aboutwaterway (including groundwater), or disposed if contamination of on the Premises Leased Property or the Facility by Tenantany Hazardous Material otherwise occurs for which Tenant is otherwise legally liable to Landlord for damage resulting therefrom, Tenant shall indemnify, save harmless, and, at Landlord’s option and with attorneys approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), defend Landlord, Landlord’s manager, and its agents, employees, contractors or inviteespartners, except in strict compliance with all applicable federalofficers, state directors, and local lawsmortgagees, regulationsif any, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgmentsdemands, damages, penaltiesexpenses, fees, costs, fines, costspenalties, liabilities or suits, proceedings, actions, causes of action, and losses of any and every kind and nature, including, without limitation, diminution in the value of the PremisesLeased Property or the Facility, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Premises, Leased Property or elsewherethe Facility, damages arising from any adverse impact on marketing of space at in the PremisesFacility, and sums paid in settlement of claims, attorneys’ claims and for attorney’s fees, consultant fees and expert fees incurred or suffered by Landlord either fees, which may arise during or after the Lease term. The indemnification by Tenant includesTerm or any extension thereof as a result of such contamination, including, without limitation, costs and expenses incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency agency, or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater on or under about the Premises. Leased Property or the Facility or anywhere else which emanated from Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesLeased Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in on or about the Premises Leased Property or the Facility, caused or permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any unlawful release contamination of Hazardous Material on the Premises Leased Property or any other propertythe Facility, Tenant shall promptly take all actionsshall, at its sole expense, promptly take all actions as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Leased Property and/or the Facility to the release condition existing prior to the introduction of any such Hazardous MaterialMaterial to the Leased Property and/or the Facility; provided provided, however, that Landlord’s approval of such actions shall first be obtained. The provisions of this Section 22.03 shall survive the Expiration Date or earlier termination of this Lease. 22.03 If any laws, which approval may orders, rules or regulations of any applicable governmental authority require that any asbestos or other Hazardous Material contained in or about the Leased Property be withheld removed, encapsulated or otherwise remediated in any particular manner in connection with any Tenant’s Changes, then it shall be Tenant’s obligation, at Tenant’s expense, to remove encapsulate or otherwise remediate such asbestos or any other Hazardous Material in accordance with all such laws, orders, rules and regulations. In the event Tenant is required to remediate such asbestos or other Hazardous Material in accordance with the foregoing provisions of this Article 22, then notwithstanding anything herein to the contrary, Landlord, at Landlord’s sole discretion. Notwithstanding anything to election, shall have the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and option to remediate such asbestos or other Hazardous Materials are not applicable to Hazardous Materials onMaterial and, in or under such event, Tenant shall reimburse Landlord, as Tenant Charges, for all of Landlord’s costs and expenses in connection therewith within ten (10) days next following the Premises prior rendition of a statement by Landlord to the Commencement DateTenant requesting such reimbursement.

Hazardous Material. For purposes of this Lease, the term "Hazardous ------------------ Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Landlord covenants that, to the best of its knowledge, there is no Hazardous Material located in, on or under the Building as of the date of this Lease in violation of any federal or state law. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material to be brought uponbrought, kept, kept or used in or about, about the Leased Premises or disposed of on the Premises Building by Tenant, its agents, employees, contractors contractors, or invitees, except in strict compliance with all applicable federal, state . Tenant hereby agrees to indemnify Landlord from and local laws, regulations, codes and ordinances. If against any breach by Tenant breaches of the obligations stated in the preceding sentence, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in the value of the PremisesBuilding, damages for the loss or restriction on or use of rentable or usable space or of any amenity of the Premises, or elsewhereBuilding, damages arising from any adverse impact on marketing of space at in the PremisesBuilding, and sums paid in settlement of claims, attorneys’ ' fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Term of this Lease termas result of such breach. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or and any cleanup, remedialremedial removal, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, because due to the presence of Hazardous Material present which arise during or after the Term of this Lease. Landlord hereby agrees that Tenant shall not be liable for any Hazardous Material brought into the Building by Landlord or another tenant of the Building in the Premises, violation of any federal or in soil or groundwater on or under the Premisesstate law. Tenant shall immediately promptly notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence release of a Hazardous Material on in the Premises. Without limiting Leased Premises or at the foregoingBuilding of which Tenant becomes aware, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises whether caused by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises Tenant or any other property, Tenant person or entity. The provisions of this Section 19 shall promptly take all actions, at its sole expense, as are necessary to properly remediate survive the Premises in accordance with federal and state standards applicable to termination of the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement DateLease.

Hazardous Material. Tenant Lessee hereby indemnifies and holds Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees for, any and all “Losses” (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release or presence of any Hazardous Material to be brought upon, kept, or used in or about, or disposed of Materials on the Premises by Tenantwhich first occurs during the Term of this Lease, its agentswhether foreseeable or unforeseeable, employeesand whether or not known to Lessee, contractors it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or inviteesother required plans, except all costs of determining whether the Premises is in strict compliance and causing the Premises to be in compliance with all applicable federalEnvironmental Laws, state all costs and local lawsfees associated with claims for damages to persons, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesproperty, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesnatural resources, and sums paid in settlement of claims, Lessor’s reasonable attorneys’ fees, consultant fees and expert consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord either Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Premises during the Term of this Lease, or after by reason of the Lease term. The indemnification imposition of any governmental lien for the recovery of environmental clean-up costs expended by Tenant includesreason of such violation, without limitationit being expressly understood and agreed that to the extent Lessor and Lessor’s officers, costs incurred in connection with any investigation of site conditions directors, shareholders, managers, members, agents and employees, or any cleanupof them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant this indemnity shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material likewise be without regard to fault on the Premises. Without limiting the foregoing, if the presence part of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord Lessee with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials onthe violation of law which results in such liability, in or under the Premises prior to the Commencement Date.“

Hazardous Material. Tenant a. A & A Farming shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about, or disposed of on about the Premises Property by TenantA & A Farming, its agents, employees, contractors contractors, or inviteesinvitees without the prior written consent of Greeley (which Greeley shall not unreasonably withhold consent so long as A & A Farming demonstrates to Greeley’s reasonable satisfaction that such Hazardous Material is necessary to use of the Property for grazing or farming purposes, except and will be used, kept, and stored in strict compliance a manner that complies with all applicable federal, state and local laws, regulations, codes and ordinances. laws regulating any such Hazardous Material). b. If Tenant A & A Farming breaches the obligations stated herein, or if the presence of Hazardous Material on the Property caused or permitted by A &A Farming results in contamination of the preceding sentenceProperty, or if contamination of the Property by Hazardous Material otherwise occurs for which A &A Farming is legally liable to Greeley for damage resulting therefrom, then Tenant A &A Farming and its agents, employees, contractors, and invitees shall indemnify, defend defend, and hold Landlord Greeley harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either which arise during or after the Lease termlease term as a result of such contamination. The This indemnification by Tenant of Greeley includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work, whether or not work required by any federal, state state, or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Property. c. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Property caused or used in or about the Premises permitted by Tenant, its agents, employees, contractors or invitees, A & A Farming results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyProperty, Tenant A & A Farming shall promptly take all actions, actions at its sole expense, expense as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Property to the release condition existing prior to the introduction of any such Hazardous MaterialMaterial to the Property; provided that Landlord’s Xxxxxxx’x approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse effect on the Property. d. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of Colorado, or the United States Government. Notwithstanding anything The term “Hazardous Material” includes, without limitation, any material or substance that is (i) defined as a “hazardous substance” under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as a “hazardous substance” pursuant to the contrary hereinFederal Water Pollution Control Act, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior 33 U.S.C. § 1321; (v) defined as a “hazardous waste” pursuant to the Commencement DateFederal Resource Conservation and Recovery Act, 42 U.S.C. § 6903; (vi) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601; or (vii) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C. § 6991.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as defined in Exhibit D) to be brought upon, kept, or used in or about, about the Real Property or disposed of on the Leased Premises by Tenant, its agents, employees, contractors contractors, or invitees, except without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s business and will at all times be used, kept, stored, and disposed of in strict compliance a manner that complies at all times with all applicable federal, state laws regulating any such Hazardous Material so brought upon or used or kept in or about the Leased Premises and local laws, regulations, codes and ordinancessuch storage will not create an undue risk to other tenants). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Real Property or Leased Premises, or if contamination of the Real Property or Leased Premises by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend defend, and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in the value of the Real Property and Leased Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Real Property and Leased Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesspace, and sums paid in settlement of claims, attorneys’ fees, consultant fees fees, and expert fees incurred or suffered by Landlord either fees) which arise during or after the term of this Lease termas a result of such contamination. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work, whether or not work required by any federal, state state, or local governmental agency or political subdivision, subdivision because of Hazardous Material present in, on, or about the Leased Premises or in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Leased Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought uponin, kept or used in on, or about the Leased Premises caused or permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyLeased Premises, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to properly remediate return the Leased Premises in accordance with federal and state standards applicable to the release condition existing prior to the introduction of any such Hazardous MaterialMaterial thereto; provided that Landlord’s approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at so long as such actions would not potentially have any material (as determined by Landlord’s sole discretion. Notwithstanding anything ) adverse long-term or short-term effect on the Leased Premises or exposes Landlord to the contrary hereinany liability therefore and such actions are undertaken in accordance with all applicable laws, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials rules and to remediate Hazardous Materials are not applicable to Hazardous Materials onregulations, in or under the Premises prior to the Commencement Dateand accepted industry practices.

Hazardous Material. Tenant Subtenant shall not cause or permit any Hazardous Material (as defined below) to be brought upon, kept, or used in or about, or disposed of on the Premises or the Property (or migrate off the Property) by TenantSubtenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant Subtenant breaches the obligations stated in the preceding sentence, then Tenant Subtenant shall indemnify, defend and hold Landlord Sublandlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Property or the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property or the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the PremisesProperty, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees (collectively, “Claims”) incurred or suffered by Landlord Sublandlord either during or after the Sublease Term Multi-Tenant Lease termTriple Net Page 26 and which relate to Hazardous Materials brought upon, kept, or used in or about, or disposed of on the Premises or Property (or which migrate off the Property) by Subtenant. The indemnification by Tenant includes, Claims include without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in in, on or under the Property or the Premises, or in soil or groundwater on or under the PremisesProperty, or if same has migrated to adjacent property. Tenant Subtenant shall immediately notify Landlord Sublandlord of any inquiry, investigation or notice that Tenant Subtenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesProperty or the Premises or regarding the actual or suspected presence of Hazardous Material on adjacent property which has allegedly migrated from the Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Property or the Premises by TenantSubtenant, its agents, employees, contractors or invitees, results in any unlawful release or discharge of Hazardous Material on the Property or the Premises or any other property, Tenant Subtenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Property, the Premises or other property in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that LandlordSublandlord’s approval of such actions shall first be obtained, which approval may be withheld at LandlordSublandlord’s sole discretion. Notwithstanding anything to the contrary herein, TenantSubtenant’s obligations under this Lease Sublease to indemnify Landlord Sublandlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Property or the Premises prior to the Commencement Date. Sublandlord shall indemnify, defend and hold Subtenant harmless from any and all Claims incurred or suffered by Subtenant either during or after the Sublease Term and which relate to Hazardous Materials existing in, on, or under the Premises or Property as of the Commencement Date or which are brought upon, kept, or used in or about, or disposed of on the Premises or Property (or which migrate off the Property) by Sublandlord.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or about, or disposed of on about the Leased Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premisesproperty, damages for the loss or restriction on use of rentable or usable useable space or of any amenity of Bellevue Place or the Premises, Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at the PremisesBellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ ' fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesBellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any unlawful release contamination of Hazardous Material on the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Leased Premises, Bellevue Place or any other property to the release condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s 's approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. Notwithstanding anything to the contrary As used herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to the term “Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials onMaterial” means any hazardous, in dangerous, toxic or under harmful substance, material or waste which is or becomes regulated by any local governmental authority, the Premises prior to State of Washington or the Commencement DateUnited States Government.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or about, or disposed of on about the Leased Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premisesproperty, damages for the loss or restriction on use of rentable or usable useable space or of any amenity of Bellevue Place or the Premises, Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at the PremisesBellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesBellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any unlawful release contamination of Hazardous Material on the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Leased Premises, Bellevue Place or any other property to the release condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. Notwithstanding anything to the contrary As used herein, Tenant’s obligations under this the term “Hazardous Material” means any hazardous, dangerous, toxic or harmful substance, material or waste which is or becomes Xxxxxxxxxx.xxx NNN Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on14 regulated by any local governmental authority, in the State of Washington or under the Premises prior to the Commencement DateUnited States Government.

Hazardous Material. 29.31.1 Except for ordinary office and janitorial supplies in quantities customarily used by office tenants, Tenant shall not cause or permit authorize any Hazardous Material (as defined in Section 29.31.4 below) to be brought uponbrought, kept, kept or used in or about, or disposed of on about the Premises Real Property by Tenant, its agents, employees, contractors contractors, or invitees. Tenant indemnifies Landlord for, except in strict compliance with all applicable federal, state from and local laws, regulations, codes and ordinances. If against any breach by Tenant breaches of the obligations stated in the preceding sentence, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or 50 losses (including, without limitation, diminution in the value of the PremisesReal Property, damages for the loss or restriction on or use of rentable or usable space or of any amenity of the Premises, or elsewhereReal Property, damages arising from any adverse impact on or marketing of space at in the PremisesReal Property, and sums paid in settlement of claims, attorneys’ ' fees, consultant fees fees, and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such breach. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal removal, or restoration work, whether or not work required by any federal, state state, or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesReal Property. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Real Property caused or used in or about the Premises authorized by Tenant, its agents, employees, contractors or invitees, Tenant results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyReal Property and subject to the provisions of Articles 8 and 9 hereof, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Real Property to the release condition existing prior to the introduction of any such Hazardous Material; provided that Material and the contractors to be used by Tenant for such work must be approved by Landlord’s approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionor delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Real Property and so long as such actions do not materially interfere with the use and enjoyment of the Real Property by the other tenants thereof. Notwithstanding anything to the contrary herein, Tenant’s obligations 's indemnity under this Lease Section 29.31.1 is strictly conditioned on prompt notice, tender of defense/settlement, and reasonable cooperation by Landlord. 29.31.2 [Intentionally Omitted] 29.31.3 It shall not be unreasonable for Landlord to indemnify Landlord with respect withhold its consent to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under any proposed Transfer if (i) the proposed transferee's anticipated use of the Premises involves the generation, storage, use, treatment, or disposal of Hazardous Material other than ordinary office and janitorial supplies in quantities customarily used by office tenants; (ii) the proposed Transferee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Material contaminating a property if the Commencement Date.contamination resulted from such Transferee's actions or use of the property in question; or

Hazardous Material. Prior to delivery of the Premises to Tenant, ------------------ Landlord shall remove and/or remediate any asbestos or other hazardous materials situated on the Premises that is mandated to be removed by any governmental entity or agency at Landlord's sole cost and expense. Thereafter, Tenant shall not cause or permit any Hazardous Material Material, as defined below, to be brought upon, kept, stored, utilized, disposed of or used in the Building by Tenant or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees. Notwithstanding the foregoing, except Tenant may cause or permit diesel fuel or batteries necessary for Tenant's Special Improvements to be brought upon, kept, stored, utilized or used in strict compliance with the Premises by Tenant and its authorized agents, employees, contractors or invitees provided that Tenant causes such materials to be at all applicable federal, state times properly stored and local laws, regulations, codes and ordinanceslawfully used. This restriction shall survive the termination or expiration of this Lease. If the presence of Hazardous Material on the Premises is caused or permitted by Tenant breaches or its agents, employees, contractors or invitees and results in contamination of the obligations stated in Premises or the preceding sentenceBuilding, then Tenant shall indemnify, defend and hold Landlord and any owner of the property wherein the Premises are located harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the PremisesBuilding, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhereBuilding, damages arising from any adverse impact on marketing of space at in the PremisesBuilding, and sums paid in settlement of claims, attorneys’ ' fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupconditions, and clean-up, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, because of . If the Hazardous Material present results in the Premises, or in soil or groundwater on or under the Premises. Tenant shall immediately notify Landlord contamination of any inquiry, investigation or notice that Tenant may receive from any third party regarding part of the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other propertyBuilding, Tenant shall promptly take all actions, actions at its sole expense, own expense as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; remediate, provided that Landlord’s 's approval of such actions remedial action shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Date.

Hazardous Material. Tenant, its agents, employees, contractors, sublessees, Space Tenants or invitees (the “Tenant Parties”) shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or aboutabout the Property, unless such Hazardous Material is (i) identified to Landlord prior to its presence on the Property, (ii) necessary to the lawful business of any such person or entity and (iii) such Hazardous Material is used, kept, stored and disposed of on in a manner that complies with all Legal Requirements regulating any such Hazardous Material so brought upon or used or kept in or about the Premises by Tenant, Property. If Tenant or its agents, employees, contractors contractors, sublessees, Space Tenants or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant invitees breaches the obligations stated in the preceding sentencesentence or if the presence of Hazardous Material on the Property, even if present with the consent of Landlord, results in any contamination or deposit of Hazardous Material in violation of Legal Requirements on the Property, then Tenant shall indemnify, defend and hold Landlord Indemnitees harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination or presence unless, and only to the extent, such breach or contamination is caused by Landlord or its agents, employees, or contractors, in which event Landlord shall be responsible therefor. The This indemnification of Landlord Indemnitees by Tenant includes, without limitation, costs and reasonable attorneys’ fees incurred by Landlord Indemnitees in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration workwork performed by any individual or entity, regardless of whether such investigation or not work is required by any federal, state or local governmental agency Governmental Authority or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant Property, and shall immediately notify Landlord survive the cancellation, termination or expiration of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesTerm. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Property caused or used in permitted by Tenant or about the Premises by Tenant, its agents, employees, contractors or invitees, Tenant Parties results in any unlawful release contamination or presence of Hazardous Material Materials on the Premises or any other propertyProperty, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to properly remediate the Premises in accordance comply with federal and state standards applicable to the release of any such Hazardous MaterialLegal Requirements; provided that Landlord’s approval of such actions shall first be obtained, which approval may shall not be withheld at Landlord’s sole discretionunreasonably withheld, conditioned or delayed so long as such actions would not potentially have any material adverse long-term or short-term effect on the Property. Notwithstanding anything to the contrary As used herein, Tenant’s obligations the term “Hazardous Material” means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local Governmental Authority, the State of Maryland or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is (a) petroleum, (b) asbestos, (c) radioactive material or waste, (d) infectious waste, (e) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (f) defined as a “Hazardous Waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), (g) defined as a “Hazardous Substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601), (h) regulated under this Lease the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) or defined as a “PCB,” or (i) any other substance or material similarly classified by any other federal, state or local statute or ordinance or by any rule or regulation promulgated or adopted pursuant thereto, whether now existing or hereinafter enacted. Tenant shall arrange for the removal and proper disposition of any infectious, hazardous or radioactive waste or other medical wastes from the Leased Property by qualified vendors and in accordance with Legal Requirements. Landlord agrees to indemnify Landlord indemnify, defend and hold harmless Tenant with respect to Hazardous Materials and liability arising out of or resulting from any release or threatened release of pollutants, hazardous substances or hazardous wastes which were placed on the Property after Landlord took possession of the Property but before the Lease Effective Date. Without limiting the generality of the foregoing, the above indemnification extends to remediate Hazardous Materials are not applicable to Hazardous Materials onclaims resulting from (i) Landlord’s violation or alleged violation of any federal, in state or under local statute; (ii) Landlord’s undertaking of or arrangement for the Premises prior to handling, removal, treatment, disposal of hazardous substances found or identified at the Commencement Datesite.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept, kept or used in or about, or disposed of on about the Premises by Tenant, its agents, employees, contractors or invitees, except without the prior written consent of Landlord, which consent may be granted or withheld in strict compliance with all applicable federalLandlord’s sole discretion. For the purpose of this Lease, “Hazardous Material” shall include oil. Flammable explosives, asbestos, urea lo mi aldehyde, radioactive materials nr waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any “hazardous substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and in any other law. ordinance, rule, regulation or order promulgated by the federal or state and local lawsgovernment, regulationsor any other governmental entity having jurisdiction over the Office Building Project or the parties to Ibis Lease, codes and ordinances. If Tenant breaches the obligations stated set forth in this paragraph, or if the presence of Hazardous Material in the preceding sentencePremises or at the Office Building Project caused or permitted by Tenant (whether or not Landlord has given its consent to the presence of such Hazardous Material in the Premises) results in contamination of the Premises or any other part of the Office Building Project, or if contamination of the Office Building Project by Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, assessments, costs, liabilities or losses losses, including, without limitation, diminution in the value of the PremisesOffice Building Project, damages for the loss or restriction on use of rentable or usable useable space or floor area in or of any amenity of the Premises, or elsewhereOffice Building Project, damages arising from any adverse impact on marketing of leasing space at in the PremisesOffice Building Project, and sums paid in settlement of claims, and any attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either which arise during or after the Term of this Lease termas a result of such contamination. The This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premisesin, or in soil or groundwater on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept caused or used in permitted by Tenant or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyOffice Building Project, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Office Building Project to the release condition existing prior to the introduction of any such Hazardous Material; provided that Landlordlandlord’s approval approval, and that of any ground lessor or mortgagee of landlord, of such actions shall first lirst be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effects on the Office Building Project. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Tenant shall promptly notify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Dateof any such contamination.

Hazardous Material. Tenant shall not TENANT agrees to neither cause or nor permit any Hazardous Material to be brought upon, kept, kept or used in or aboutabout the real estate by anyone, or disposed of on the Premises by Tenant, including TENANT and its agents, employees, contractors or invitees, except without the prior written consent of LANDLORD (which LANDLORD shall not unreasonably withhold as long as TENANT demonstrates to LANDLORD’S reasonable satisfaction that such Hazardous Material is necessary or useful to TENANT’S business and will be used, kept and stored in strict compliance a manner that complies with all applicable federal, state laws regulating any such Hazardous Material so brought upon or used or kept in or about the real estate and local laws, regulations, codes TENANT provides LANDLORD with evidence that all governmental approvals and ordinancespermits as well as proof of insurance for the permitted activity). If Tenant TENANT breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the real estate-results in contamination of the real estate, then Tenant as a result of such contamination TENANT shall indemnify, defend and hold Landlord LANDLORD harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in the of value of the Premisesreal estate, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesreal estate, damages, costs or elsewhere, damages arising from any adverse impact on marketing expenses of space at the Premisesremediation required or deemed necessary by TENANT, and sums paid in settlement of claims, attorneys’ attorney’s fees, consultant fees and expert fees incurred or suffered by Landlord either which arise during or after the Lease termcompletion or termination of this Agreement. The This indemnification of LANDLORD by Tenant TENANT includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedialremediation, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiryreal estate, investigation but only to the extent required by law or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premisesby applicable governmental agency regulation. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the real estate caused or used in or about the Premises permitted by Tenant, its agents, employees, contractors or invitees, TENANT results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyreal estate, Tenant TENANT shall promptly take all actions, actions required by law or applicable governmental agency regulations at its sole expense, expense as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable real estate to the release condition existing prior to the introduction of any such Hazardous MaterialMaterial to the real estate; provided that Landlord’s LANDLORD’S approval of such actions action shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretion. Notwithstanding anything to so long as such actions would not potentially have any material adverse long term or short term effect on the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Datereal estate.

Hazardous Material. For purposes of this Lease, the term "Hazardous Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state or federal governmental authority. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material to be brought uponbrought, kept, kept or used in or about, or disposed of on about the Premises or the Project by Tenant, its agents, employees, contractors contractors, or invitees, except in strict compliance with all applicable federal, state . Tenant hereby agrees to indemnify Landlord from and local laws, regulations, codes and ordinances. If against any breach by Tenant breaches of the obligations stated in the preceding sentence, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution in the value of the PremisesProject, damages for the loss or restriction on or use of rentable or usable space or of any amenity of the Premises, or elsewhereProject, damages arising from any adverse impact on marketing of space at in the PremisesProject, and sums paid in settlement of claims, attorneys’ ' fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Term of this Lease termas result of such breach. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or and any cleanup, remedialremedial removal, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, because due to the presence of Hazardous Material present in the Premises, or in soil or groundwater on or under the PremisesMaterial. Tenant shall immediately promptly notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence release of a Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or at the Project of which Tenant becomes aware, whether caused by Tenant or any other propertyperson or entity. The provisions of this Section 22 shall survive the termination of the Lease. TO THE BEST OF LANDLORD'S ACTUAL KNOWLEDGE, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement DateTHERE IS NO HAZARDOUS MATERIAL IN THE BUILDING OR THE PROJECT AS OF THE DATE THIS LEASE IS FULLY EXECUTED BY LANDLORD AND TENANT.

Hazardous Material. Tenant shall TENANT agrees to neither cause not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or aboutabout the real estate by anyone, or disposed of on the Premises by Tenant, including TENANT and its agents, employees, contractors or invitees, except without the prior written consent of LANDLORD (which LANDLORD shall not unreasonably withhold as long as TENANT demonstrates to LANDLORD reasonable satisfaction that such Hazardous Material is necessary or useful to TENANT’s business and will be used, kept and stored in strict compliance a manner that complies with all applicable federal, state and local laws, regulations, codes and ordinanceslaws regulating any such Hazardous Material so brought upon or used or kept in or about the real estate). If Tenant TENANT breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the real estate caused or permitted by TENANT results in contamination of the real estate, then Tenant as a result of such contamination TENANT shall indemnify, defend and hold Landlord LANDLORD harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the of value of the Premisesreal estate, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesreal estate, damages, costs or elsewhere, damages arising from any adverse impact on marketing expenses of space at the Premisesremediation required or deemed necessary by TENANT, and sums paid in settlement of claims, attorneys’ attorney’s fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termcompletion or termination of this Agreement. The This indemnification of LANDLORD by Tenant TENANT includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedialremediation, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Datereal estate.

Hazardous Material. For purposes of this Lease, the term "Hazardous Material" means any hazardous substance, hazardous waste, infectious waste, or toxic substance, material, or waste which becomes regulated or is defined as such by any local, state, or federal governmental authority. Except for small quantities of ordinary office supplies such as copier toners, liquid paper, glue, ink, and common household cleaning materials, Tenant shall not cause or permit any Hazardous Material to be brought uponbrought, kept, or used in or about, or disposed of on about the Premises or the Project by Tenant, its agents, employees, contractors contractors, or invitees. Any Hazardous Materials that Tenant is authorized to bring, except keep or use in strict compliance or about the Premises shall be stored, used and disposed of in accordance with all requirements of applicable federal, state law. Tenant hereby agrees to indemnify Landlord from and local laws, regulations, codes and ordinances. If against any breach by Tenant breaches of the obligations stated in the preceding sentence, then Tenant shall indemnify, and agrees to defend and hold Landlord harmless from and against any and all claims, judgments, damages, penalties, finesfees, costs, liabilities liabilities, or losses losses, including, without limitation, diminution in the value of the PremisesProject, damages for the loss or restriction on or use of rentable or usable space or of any amenity of the Premises, or elsewhereProject, damages arising from any adverse impact on marketing of space at in the PremisesProject, and sums paid in settlement of claims, attorneys’ fees, consultant fees fees, and expert fees incurred or suffered by Landlord either fees) which arise during or after the Term of this Lease termas a result of such breach. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or and any cleanup, remedialremedial removal, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, because due to the presence of Hazardous Material present in the Premises, or in soil or groundwater on or under the PremisesMaterial. Tenant shall immediately promptly notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence release of a Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or at the Project of which Tenant becomes aware, whether caused by Tenant or any other property, Tenant person or entity. The provisions of this Section 22 shall promptly take all actions, at its sole expense, as are necessary to properly remediate survive the Premises in accordance with federal and state standards applicable to termination of the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement DateLease.

Hazardous Material. Tenant Lessee hereby indemnifies and holds Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Lessor and Lessor’s officers, directors, shareholders, managers, members, agents and employees for, any and all “Losses” (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release or presence of any Hazardous Material to be brought upon, kept, or used in or about, or disposed of Materials on the Premises by Tenantwhich first occurs during the Term of this Lease, its agentswhether foreseeable or unforeseeable, employeesand whether or not known to Lessee, contractors it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or inviteesother required plans, except all costs of determining whether the Premises is in strict compliance and causing the Premises to be in compliance with all applicable federalEnvironmental Laws, state all costs and local lawsfees associated with claims for damages to persons, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesproperty, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesnatural resources, and sums paid in settlement of claims, Lessor’s reasonable attorneys’ fees, consultant fees and expert consultants’ fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord either Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Premises during the Term of this Lease, or after by reason of the Lease term. The indemnification imposition of any governmental lien for the recovery of environmental clean-up costs expended by Tenant includesreason of such violation, without limitationit being expressly understood and agreed that to the extent Lessor and Lessor’s officers, costs incurred in connection with any investigation of site conditions directors, shareholders, managers, members, agents and employees, or any cleanupof them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant this indemnity shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material likewise be without regard to fault on the Premises. Without limiting the foregoing, if the presence part of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord Lessee with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, the violation of law which results in or under the Premises prior to the Commencement Date.such liability. “

Hazardous Material. Tenant LICENSOR hereby expressly acknowledges that LICENSEE intends to use the PREMISES for the purpose of conduction mining and/or mineral concentrating and processing operations (hereinafter collectively referred to as "Operations"). LICENSEE shall obtain, prior to engaging in Operations, such governmental approvals (including, but not cause limited to, a closure or reclamation plan) as may be required under applicable laws. LICENSEE shall make available to LICENSOR copies of all approvals. In the course of conducting Operations it is expected that LICENSEE will us materials which may be considered "Hazardous Materials" as defined below and which are authorized for use by appropriate permit or authorization. LICENSOR hereby expressly grants permission for LICENSEE to use such materials in the course of conduction Operations. If LICENSEE breaches its obligation as imposed by any permit or authorization, and the unauthorized presence of Hazardous Material to be brought upon, kept, or used in or about, or disposed of on the Premises PREMISES results in contamination of the PREMISES, or, if any other damage to the PREMISES by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentenceHazardous Material occurs, then Tenant LICENSEE shall indemnify, defend defend, save and hold Landlord LICENSOR harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesliabilities, or elsewhere, damages arising from any adverse impact on marketing of space at the Premiseslosses, and reasonable sums paid in settlement of claims, attorneys’ ' fees, consultant consultants' fees and expert fees incurred or suffered by Landlord either which arise during or after the Lease termterm hereof or any extension, as applicable, as a result of such contamination or otherwise as a result of the presence, use, generation, storage, release, threatened release, manufacture or disposal of Hazardous Material on the PREMISES or the transportation to or from the PREMISES of Hazardous Material. The This indemnification of LICENSOR by Tenant LICENSEE includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater on or under the PremisesPREMISES and shall continue in full force and effect in the event LICENSEE acquires the fee ownership of the PREMISES pursuant to Paragraph 10.4. Tenant In the event that LICENSEE shall immediately notify Landlord of fail to comply with any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of laws regulating Hazardous Material on or otherwise applicable in connection with LICENSEE'S use and operation of the Premises. Without limiting the foregoingPREMISES within ten (10) days after LICENSOR shall give LICENSEE written notice of such non-compliance, or if such compliance within such period is not possible, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results LICENSEE shall not commence curing and diligently proceed to completion (but in any unlawful release event LICENSEE shall complete such compliance when required by law), then LICENSOR may comply with the same on behalf of Hazardous Material on the Premises or any other property, Tenant LICENSEE and all costs and expenses incurred by LICENSOR in complying with such laws shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or deemed additional consideration under the Premises prior Agreement and shall be payable to the Commencement DateLICENSEE to LICENSOR within ten (10) days after LICENSOR'S written demand therefor.

Hazardous Material. Tenant Section 19.1. Lessee hereby indemnifies and holds Lessor and Lessor's officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Lessor and Lessor's officers, directors, shareholders, managers, members, agents and employees for, any and all "Losses" (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release or presence of any Hazardous Material to be brought upon, kept, or used in or about, or disposed of Materials on the Premises by Tenantwhich first occurs during the Term of this Lease, its agentswhether foreseeable or unforeseeable, employeesand whether or not known to Lessee, contractors it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or inviteesother required plans, except all costs of determining whether the Premises is in strict compliance and causing the Premises to be in compliance with all applicable federalEnvironmental Laws, state all costs and local lawsfees associated with claims for damages to persons, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesproperty, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesnatural resources, and sums paid in settlement of claims, Lessor's reasonable attorneys’ fees, consultant ' fees and expert consultants' fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord either Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Premises during the Term of this Lease, or after by reason of the Lease term. The indemnification imposition of any governmental lien for the recovery of environmental clean-up costs expended by Tenant includesreason of such violation, without limitationit being expressly understood and agreed that to the extent Lessor and Lessor's officers, costs incurred in connection with any investigation of site conditions directors, shareholders, managers, members, agents and employees, or any cleanupof them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant this indemnity shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material likewise be without regard to fault on the Premises. Without limiting the foregoing, if the presence part of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord Lessee with respect to Hazardous Materials the violation of law which results in such liability. "Losses" shall mean any and all loss, claim, liability, damages, injuries to remediate Hazardous Materials are not applicable to Hazardous Materials onperson, in property or under the Premises prior to the Commencement Datenatural resources, cost, expense, action or cause of action.

Hazardous Material. Tenant Lessee shall not cause or permit any Hazardous Material Substance (defined below) to be brought uponused, keptstored, or used in or aboutgenerated, or disposed of on on, in or about the Building or the Leased Premises by TenantLessee, Lessee's agents and employees, in any manner not permitted by applicable law, without first obtaining Lessor's written consent. If Hazardous Substances are used, stored, generated, or disposed of on, in or about the Building or the Leased Premises, in any manner not permitted by applicable law, or if the Building or Leased Premises becomes contaminated in any manner as a result of the activities of Lessee, its agents, agents or employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant Lessee shall indemnify, defend and hold Landlord harmless Lessor (and its agent and employees) from any and all claims, judgmentsdamages, damagesfines, judgment, penalties, fines, costs, liabilities liabilities, or losses (including, without limitation, diminution a decrease in the value of the Leased Premises), or damages for the caused by loss or restriction on use of rentable or usable space or of any amenity of the Premisesspace, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. The indemnification by Tenant includesincluding, without limitation, any and all costs incurred in connection with because of any investigation of the site conditions or any cleanup, remedialremoval, removal or restoration work, whether or not required mandated by any federal, state state, or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, . If Lessee causes or in soil or groundwater on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if permits the presence of any Hazardous Material brought uponSubstance in the Building or Leased Premises, kept or used in or about the Premises any manner not permitted by Tenantapplicable law, its agents, employees, contractors or invitees, that results in any unlawful release of Hazardous Material on the Premises or any other propertycontamination, Tenant Lessee shall promptly take all actionspromptly, at its sole expense, as are take any and all necessary actions to properly remediate return the Building and/or Leased Premises in accordance with federal and state standards applicable to the release condition existing prior to the presence of any such Hazardous Material; provided that Landlord’s approval of such actions Substance. Lessee shall first be obtainedobtain Lessor's approval for any such remedial action. Lessee shall also comply with requirements of all governmental regulations and ordinances regarding the use and storage of Hazardous Substances. Lessee shall promptly notify Lessor in writing of (i) any enforcement, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary hereinclean-up, Tenant’s obligations under this Lease to indemnify Landlord removal or other governmental action instituted or threatened with respect regard to Hazardous Materials Substances involving the Building, (ii) any claim made or threatened related to damage from Hazardous Substances at the Building and (iii) any reports made to remediate any environmental agency in connection with any Hazardous Materials are not applicable to Hazardous Materials on, in Substances at or under removed from the Premises prior to the Commencement DateBuilding.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or about, or disposed of on about the Leased Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Tenant results in contamination of the Leased Premises or any part of Bellevue Place or any other property, or if contamination of the Leased Premises or any part of Bellevue Place or any other property by Hazardous Material otherwise occurs for which Tenant may be legally liable for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, Xxxxxxxxxx.xxx NNN Lease 12 damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the Premisesproperty, damages for the loss or restriction on use of rentable or usable useable space or of any amenity of Bellevue Place or the Premises, Leased Premises or elsewhere, damages arising from any adverse impact on marketing of space at the PremisesBellevue Place or elsewhere, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanupclean-up, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesBellevue Place. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Leased Premises or Bellevue Place by Tenant, its agents, employees, contractors or invitees, results in any unlawful release contamination of Hazardous Material on the Leased Premises or any part of Bellevue Place or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Leased Premises, Bellevue Place or any other property to the release condition existing prior to the introduction of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effect on the Leased Premises, Bellevue Place or other property. Notwithstanding anything to the contrary As used herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to the term “Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials onMaterial” means any hazardous, in dangerous, toxic or under harmful substance, material or waste which is or becomes regulated by any local governmental authority, the Premises prior to State of Washington or the Commencement DateUnited States Government.

Hazardous Material. Tenant shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept, kept or used in or about, or disposed of on about the Premises by Tenant, its agents, employees, contractors or invitees, except without the prior written consent of Landlord, which consent may be granted or withheld in strict compliance with all applicable federalLandlord's sole discretion. For the purpose of this Lease, "Hazardous Material" shall include oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" as such terms are defined in the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, and in any other law, ordinance, rule, regulation or order promulgated by the federal or state and local lawsgovernment, regulations, codes and ordinancesor any other governmental entity having jurisdiction over the Office Building Project or the parties to this Lease. If Tenant breaches the obligations stated set forth in this paragraph, or if the presence of Hazardous Material in the preceding sentencePremises or at the Office Building Project caused or permitted by Tenant (whether or not Landlord has given its consent to the presence of such Hazardous Material in the Premises) results in contamination of the Premises or any other part of the Office Building Project, or if contamination of the Office Building Project by Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, judgments damages, penalties, fines, assessments, costs, liabilities or losses losses, including, without limitation, diminution in the value of the PremisesOffice Building Project, damages for the loss or restriction on use of rentable or usable useable space or floor area in or of any amenity of the Premises, or elsewhereOffice Building Project, damages arising from any adverse impact on marketing of leasing space at in the PremisesOffice Building Project, and sums paid in settlement of claims, and any attorneys’ ' fees, consultant fees and expert fees incurred or suffered by Landlord either which arise during or after the term of this Lease termas a result of such contamination. The This indemnification of Landlord by Tenant shall survive expiration or termination of this Lease and includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental agency or political subdivision, subdivision because of Hazardous Material present in the Premises, xxxxxxxxx xxxxxxxxx xxxxx xxxx. Material caused or in soil permitted by Tenant or groundwater on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyOffice Building Project, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Office Building Project to the release condition existing prior to the introduction of any such Hazardous Material; , provided that Landlord’s approval 's approval, and that of any ground lessor or mortgagee of Landlord, of such actions shall first be obtained, which approval may shall not be unreasonably withheld at Landlord’s sole discretionso long as such actions would not potentially have any material adverse long-term or short-term effects on the Office Building Project. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Tenant shall promptly notify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, in or under the Premises prior to the Commencement Dateof any such contamination.

Hazardous Material. Tenant hereby indemnifies and holds Landlord and Landlord's officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall not cause reimburse Landlord and Landlord's officers, directors, shareholders, managers, members, agents and employees for, any and all "Losses" (as hereinafter defined) arising from, out of or permit as a consequence, directly or indirectly, of the release or presence of any Hazardous Material Materials on the premises which first occurs during the Term of this Lease, whether foreseeable or unforeseeable, and whether or not known to Tenant, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the premises is in compliance and causing the premises to be brought upon, kept, or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federalEnvironmental Laws, state all costs and local lawsfees associated with claims for damages to persons, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premisesproperty, or elsewhere, damages arising from any adverse impact on marketing of space at the Premisesnatural resources, and sums paid in settlement of claims, Landlord's reasonable attorneys’ fees, consultant ' fees and expert consultants' fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Landlord either by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the premises during the Term of this Lease, or after by reason of the Lease term. The indemnification imposition of any governmental lien for the recovery of environmental clean-up costs expended by Tenant includesreason of such violation, without limitationit being expressly understood and agreed that to the extent Landlord and Landlord's officers, costs incurred in connection with any investigation of site conditions directors, shareholders, managers, members, agents and employees, or any cleanupof them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, remedial, removal or restoration work, whether or not required by any federal, state or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or groundwater on or under the Premises. Tenant this indemnity shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material likewise be without regard to fault on the Premises. Without limiting the foregoing, if the presence part of any Hazardous Material brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to properly remediate the Premises in accordance with federal and state standards applicable to the release of any such Hazardous Material; provided that Landlord’s approval of such actions shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord with respect to Hazardous Materials and to remediate Hazardous Materials are not applicable to Hazardous Materials on, the violation of law which results in or under the Premises prior to the Commencement Date.such liability. "

Hazardous Material. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept, kept or used in or about, or disposed of on about the Premises or the Project by Tenant, its agents, employees, contractors or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinancesinvitees without the express written consent of Landlord. If the presence of Hazardous Material on the Premises or the Project caused or permitted by Tenant breaches results in contamination of the obligations stated in Premises or the preceding sentenceProject, then or if contamination of the Premises or the Project by Hazardous Material otherwise occurs for which Tenant is responsible, Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in the value of the PremisesProject, damages for the loss or restriction on of use of rentable or usable space or of any amenity of the Premises, Project or elsewhere, damages arising from any adverse impact on the marketing of space at the Premisesspace, and sums paid in settlement of claims, attorneys’ attorney's fees, consultant fees and expert fees incurred or suffered by Landlord either fees) which arise during or after the Lease termTerm as a result of such contamination. The This indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of on-site conditions or any cleanupclean up, remedial, removal or restoration work, whether or not work required by any federal, state or local governmental government agency or political subdivision, subdivision because of Hazardous Material present in the Premises, or in soil or groundwater ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the PremisesProject. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept on the Project caused or used in or about the Premises permitted by Tenant, its agents, employees, contractors or invitees, Tenant results in any unlawful release contamination of Hazardous Material on the Premises or any other propertyProject, Tenant shall promptly take all actions, actions at its sole expense, expense as are necessary to properly remediate return the Premises in accordance with federal and state standards applicable Project to the release condition existing prior to the introduction of any such Hazardous Material; Material to the Project, provided that Landlord’s 's approval of such actions action shall first be obtained, which approval may be withheld at Landlord’s sole discretion. Notwithstanding anything to the contrary herein, Tenant’s obligations under this Lease to indemnify Landlord obtained with respect to Hazardous Materials and actions required by Tenant, Landlord's approval not to remediate Hazardous Materials are not applicable to Hazardous Materials on, in be unreasonably withheld. The foregoing indemnity shall survive the expiration or under earlier termination of the Premises prior to the Commencement DateLease.