Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and Tenant agree to indemnify and hold harmless the other from any and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws and good business practices. During the Termdamages, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant fines, judgments, penalties, costs, liabilities or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s reasonable attorneys’ fees any and costsall sums paid for settlement of claims, attorneys fees, consultant and expert fees) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings arising during or actions initiated after the lease term from or in connection with the presence or suspected presence of hazardous substances in, on or beneath the Premises, unless the hazardous substances are present as the result of negligence, willful misconduct or other acts of the party otherwise so indemnified, its agents, employees, contractors or invitees. Without limitation of the foregoing, this indemnification shall include any Hazardous Materials Claimsand all costs incurred due to any investigation by a federal, state or local agency or political subdivision, unless the hazardous substances are present solely as the result of negligence, willful misconduct or other acts of the party otherwise so indemnified, its agents, employees, contractors or invitees. Landlord represents This indemnification shall specifically include any and warrants all costs due to Tenant that: (i) to Landlord’s knowledgehazardous substances which flow, there are not pending claims diffuse, migrate or causes of action arising out percolate into, onto or relating to the Facility or under the Premises as of after the Commencement Date; . Each of the parties agrees to comply with all laws, codes, rules, and (ii) regulations of the United States and the State of Florida. Tenant agrees that it will not store, keep, use, sell, dispose of or offer for sale in, upon or from the Premises any article or substance which may be prohibited by any insurance policy in force from time to Landlord’s knowledgetime covering the buildings in which the Premises are located, no Environmental Activities nor shall Tenant keep, store, produce or dispose of on, in violation of or from the Premises or the buildings in which the Premises are located any Hazardous Materials Laws have occurred prior substance which may be deemed a hazardous substance or infectious waste under any state, local or federal rule, statute, law, regulation or ordinance as may be promulgated or amended from time to the Commencement Date which have not been remedied in fulltime. Notwithstanding anything to the contrary contained As used herein, “hazardous substance” means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the state in no event shall Tenant be responsible for conditions of which the Premises in existence prior is located, or the United States government or poses a threat to human health or the Commencement Dateenvironment, andand includes any and all material and substances which are defined as “hazardous waste”, if required by “toxic substances” or a “hazardous substance” pursuant to state, federal or local governmental law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost including, but not restricted to, asbestos, polychlorobiphenyls and expensepetroleum.

Hazardous Materials. Tenant covenants and agrees that Tenant will not permit any Hazardous Substances (as hereafter defined) to be stored, generated, or released from the Leased Premises, other than Hazardous Substances incidental to Tenant’s use use, maintenance, and operation of the Leased Premises for the Permitted Use provided that Tenant shall comply store, generate, handle, and dispose of all such Hazardous Substances in full compliance with all Hazardous Materials Lawsapplicable laws. Tenant hereby covenants and agrees to indemnify, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Datehold harmless, and, if required requested by lawLandlord, defend, Landlord hereby agrees from and from and against any and all demands, claims, causes, of action, losses, liabilities, damages, fines, costs, and expenses (including reasonable attorneys’ fees, court costs and clean-up costs) that may arise out of any Hazardous Substances located at or generated or released from the Leased Premises, irrespective of whether first occurring prior to remedy or after the Commencement Date. The term “Hazardous Substances” means any such actual flammables, explosives, radioactive materials, gasoline, oil, other petroleum products, lead paint, urea formaldehyde (including urea formaldehyde foam insulation), asbestos, asbestos containing materials, polychlorinated biphenyls, and any other hazardous materials, hazardous waste, hazardous matter, hazardous or suspected problem through toxic substances, chemical pollutants, and other materials or substances defined in or regulated by Environmental Laws. The term “Environmental Laws” means (A) the removal Clean Water Act; (B) the Clean Air Act; (C) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act; (D) the Toxic Substance Control Act; (E) the Resource Conservation and Recovery Act; (F) the Hazardous Materials at Landlord’s sole cost and expenseTransportation Act; and/or (G) any similar state Laws regulating pollution or contamination of the environment The obligations of Tenant under this Section shall survive the termination of this Lease.

Hazardous Materials. Tenant’s use 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermPremises by a Tenant Party, then Tenant shall promptly obtain indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Premises. Without limiting the foregoing, if the presence of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence in, on, under or condition on or in about the vicinity of Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. 8.2. Landlord acknowledges that it is not the intent of this Section 8 to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from governmental authorities required in connection with the presence of such Hazardous Material at the Premises will be exposed and (c) correct and complete copies of notices of violations of Applicable Laws related to Hazardous Materials (collectively, "Hazardous Materials Documents"). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Tenant Improvements or Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials; . In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord's review into Tenant's Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant's or other tenants' use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 8.3. Tenant represents and warrants to Landlord that Tenant is not, nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (ea) all communications subject to or from Tenant, a material enforcement order issued by any governmental authority or (b) required to take any other Person relating remedial action. 8.4. At any time, and from time to Hazardous Materials Laws or Hazardous Materials Claims with respect time, prior to any portion the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions conduct appropriate tests of the Premises in existence prior or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the Commencement Dateacts or omissions of a Tenant Party, andthe cost of which shall be an Operating Expense. Such inspections shall be made only after Landlord provides notice to and receives approval from the relevant regulatory authorities regarding the testing. 8.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required by law, under the Applicable Laws. 8.6. Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 8.7. Tenant's obligations under this Section 8 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Section 4. 8.8. As used herein, the term "Hazardous Material" means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any governmental authority.

Hazardous Materials. TenantSublessee’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises solely as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessor’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) to Landlord’s knowledge, Sublessee that there are not pending claims or causes of action no Hazardous Materials Claims arising out of or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant's Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord's prior written consent. Tenant's Hazardous Materials shall be Handled at all times in compliance with the manufacturer's instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord's request stating Tenant's best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (I 4) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(111) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Tenant represents and wan-ants to Landlord that is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. 4.12.1 Not to cause or allow any of Tenant’s use Parties to cause any Hazardous Materials to be used generated stored or disposed of on or about the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur the Common Parts or are suspected the Site 4.12.2 To obtain Landlord’s written consent prior to have occurred in violation the introduction of any Hazardous Materials Laws to the Premises the Common Parts or the Site such consent not to be unreasonably withheld or delayed where the Tenant can satisfy the Landlord that the Hazardous Materials will be safely handled and stored whilst on the site and the Tenant can and does comply with any requirements of the Landlord’s insurers 4.12.3 Notwithstanding the foregoing Tenant may handle store use and dispose of products containing small quantities of Hazardous Materials for “general office purposes” (such as toner for fax machines and correction fluid) 4.12.4 Any Hazardous Materials handled by the Tenant shall be stored used and disposed of in a lawful manner and the Tenant shall never allow contamination of the Premises the Common Parts or the Site 4.12.5 The Tenant shall indemnify and hold the Landlord harmless from and against all liabilities losses costs and expenses demands causes of action claims or judgements directly or indirectly arising out of the use generation storage release or disposal of Hazardous Materials by Tenant during or Tenant’s Parties in the Term Premises the Common Parts or if the Site Provided that nothing in this Clause 4.12 or elsewhere in this Lease shall impose any liability on the Tenant has received notice in respect of any Hazardous Materials Claim against any portion which are present at the Site as at the date of this Lease. 4.12.6 Neither the Premises as a result of Tenant’s acts consent by the Landlord to the use generation storage release or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials or otherwise, nor the strict compliance by the Tenant shall excuse the Tenant from the Tenant’s obligation of indemnification pursuant to Clause 4.12.5 and upon Landlordthe Tenant’s approval of the remediation plan, remedy any such problem obligations to the satisfaction foregoing indemnity shall survive the expiration or earlier termination of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.this Lease

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials, as defined herein, shall be Handled, as also defined herein, upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken Building by Tenant in response to any or on behalf of Tenant, its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. Any such Hazardous Materials Claims or any so Handled shall be known as Tenant’s Hazardous Materials. Notwithstanding the foregoing, normal quantities of Tenant’s Hazardous Materials oncustomarily used in the conduct of general administrative and executive office activities (e.g., under copier fluids and cleaning supplies) may be Handled at the Premises without Landlord’s prior written consent. Tenant’s Hazardous Materials shall be Handled at all times in compliance with the manufacturer’s instructions therefor and all applicable Environmental Laws, as defined herein. (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any Regulatory Authority, as defined herein, or about necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant’s Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant’s Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord’s written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby Building. (C) Tenant agrees to remedy any such actual or suspected problem through execute affidavits, representations, and the removal like from time to time at Landlord’s request stating Tenant’s best knowledge and belief regarding the presence of Hazardous Materials at Landlord’s sole cost and expenseon the Premises.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on or under any portion of the Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to the Facility only and this Lease shall remain in full force and effect with respect to the Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for the Facility beyond December 31, 2027 as to the Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use (i) To the best knowledge of the Premises shall comply Lessee, except as described in the related Environmental Audit, on the Closing Date for each Leased Property, there are no Hazardous Materials present at, upon, under or within such Leased Property or released or transported to or from such Leased Property (except in compliance in all material respects with all Hazardous Materials LawsApplicable Law). (ii) On the related Closing Date, except for no Governmental Actions have been taken or, to the best knowledge of the Lessee, are in process or have been threatened, which could reasonably be expected to subject such Leased Property, any items set forth on Exhibit “D”. If Lender or the Lessor with respect to such Leased Property to any Claims or Liens under any Environmental Activities occur Law which would have a Material Adverse Effect, or are suspected to would have occurred in violation of a materially adverse effect on the Lessor or any Hazardous Materials Laws Lender. (iii) The Lessee has, or will obtain on or before the date required by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermApplicable Law, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any operate such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Term, Tenant shall immediately advise Landlord extent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) Except as set forth in the related Environmental Audit or in any notice subsequently furnished by the Lessee to the Agent and approved by the Agent in writing of: (a) prior to the respective times that the representations and warranties contained herein are made or deemed made hereunder, no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Governmental Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Law. To the best knowledge of the Premises; (c) any remedial action taken by Tenant in response Lessee, no material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims such Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) Such Leased Property and each portion thereof are presently in compliance in all material respects with all Environmental Laws, and, to the best knowledge of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeLessee, there are not pending claims no present or causes past facts, circumstances, activities, events, conditions or occurrences regarding such Leased Property (including without limitation the release or presence of action arising out Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a material Claim against such Leased Property, any Funding Party or the Lessee, (B) cause such Leased Property to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law, (C) require the filing or recording of any notice or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which such Leased Property is located, or (D) prevent or materially interfere with the continued operation and expensemaintenance of such Leased Property as contemplated by the Operative Documents.

Hazardous Materials. TenantLessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Lessee during the Term or if Tenant Lessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantLessee’s acts or omissions during the Term, Tenant Lessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordLessor’s approval of the remediation plan, remedy any such problem to the reasonable satisfaction of Landlord Lessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Lessee shall immediately promptly advise Landlord Lessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Lessee or any portion of the Premises; (c) any remedial action taken by Tenant Lessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantLessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all written communications to or from TenantLessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Lessor shall have the right, and except for any items noted on Exhibit “D” at TenantLessee’s sole cost and expense (including, without limitation, LandlordLessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordLessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Lessor represents and warrants to Tenant that: (i) Lessee that to LandlordLessor’s knowledge, without inquiry or investigation, there are not no pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) . Lessee shall not have any obligations or liabilities with respect to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior existing conditions or matters relating to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of Facility or the Premises in existence prior to as of the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use To the knowledge of Seller, the Premises shall comply with all Property does not contain any Hazardous Materials LawsMaterials, including, but not limited to, any chemicals or materials regulated as hazardous or toxic under any federal, state or local law, except for any items what is commonly incorporated into or used and stored at the Property for normal uses in a typical veterinary practice (the “Excluded Materials”), and except as set forth on Exhibit “D”in the Property Documents. If Seller agrees to provide Buyer promptly in writing any Environmental Activities occur information, which Seller has or are suspected to have occurred in violation may acquire regarding the presence and location of any Hazardous Materials (as defined below), not including the Excluded Materials on or about the Property. Seller is in compliance with all Environmental Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises (as a result of Tenant’s acts or omissions during the Termdefined below) and Seller possesses all required permits, Tenant shall promptly obtain all permits licenses and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisecertificates, and upon Landlord’s approval of the remediation planhas filed all notices or applications, remedy any such problem to the satisfaction of Landlord required thereby. Seller is and all applicable governmental authorities, has been in accordance compliance with all Hazardous Materials Environmental Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities there has been no release or disposal of a Hazardous Material in violation of an Environmental Law in any Hazardous Materials Laws; material respect at, on, under, within or migrating to or from any property currently or formerly owned, leased or operated by Seller. Seller has not been subject to, nor received any notice (bwritten or oral) of any Hazardous Materials Claims against Tenant private, administrative or judicial action, or any portion notice (written or oral) of any intended private, administrative, or judicial action relating to the Premises; (c) any remedial action taken by Tenant in response to any presence or alleged presence of Hazardous Materials Claims or any Hazardous Materials onMaterial in, under or about upon any portion real property owned or used by the Seller, and there is no reasonable basis for any such notice or action; and there are no pending or threatened actions or proceedings (or notices of potential actions or proceedings) against Seller from any governmental agency or any other entity regarding any matter relating to health, safety or protection of the Premises environment. For purposes of this Agreement, “Hazardous Materials” means (A) any petroleum or petroleum products, flammable explosives, radon, radioactive materials, asbestos in violation any form that is or could become friable, urea formaldehyde foam insulation and transformers or other equipment that contain dielectric fluid containing levels of any Hazardous Materials Lawspolychlorinated biphenyls (PCBs); (dB) Tenant’s discovery of any occurrence chemicals or condition on other materials or substances which are now or hereafter become defined as or included in the vicinity definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants” or words of similar import under any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous MaterialsEnvironmental Law; and (eC) all communications any other chemical or other material or substance, exposure to which is now or from Tenanthereafter prohibited, limited or regulated by any governmental or regulatory authority under any Environmental Law. For purposes of this Agreement, “Environmental Law” means any law or order of any other Person governmental or regulatory authority, agency, entity, or body relating to Hazardous Materials Laws the regulation or Hazardous Materials Claims with respect protection of human health, safety or the environment or to any portion emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals or industrial, toxic or hazardous substances or wastes into the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense environment (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordambient air, to join and participate insoil, as a party if it so electssurface water, any legal proceedings ground water, wetlands, land or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgesubsurface strata), there are not pending claims or causes of action arising out or otherwise relating to the Facility manufacture, processing, distribution, use, treatment, storage, disposal, transport or the Premises as handling of the Commencement Date; and (ii) to Landlord’s knowledgepollutants, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereincontaminants, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Datechemicals or industrial, and, if required by law, Landlord hereby agrees to remedy any such actual toxic or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensehazardous substances or wastes.

Hazardous Materials. Tenant’s use Notwithstanding anything contained herein to the contrary: A. Tenant covenants and agrees that it shall not cause, conduct, authorize or allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or activities conducted thereon. For avoidance of doubt, nothing in this Section 271.A shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. B. Tenant shall, at its own cost, comply and ensure that the Premises shall and all operations and activities at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials. Tenant shall, at its own cost, obtain all permits, licenses and authorizations required under Environmental Laws for the operations and activities conducted at the Premises. C. Tenant shall promptly provide Landlord with written notice of any actual or potential violation of Environmental Laws, any Release of Hazardous Materials Lawsin or around any Site that could impact the Premises or require any investigation, except remediation or other response action under Environmental Law, and any claim or threat of a claim asserting any liability under Environmental Laws relating to the Premises, and copies of all reports, site assessments, and material communications, permits or agreements to, from or with any governmental authority or other third party relating to such violation, Release or claim; and D. Landlord and Landlord’s Representatives, including such environmental consultants as Landlord may designate, shall have the right upon reasonable prior notice, and subject to Section 14 hereof, to enter any Site and/or conduct appropriate tests and investigations for the purpose of assessing the condition of any items set forth on Exhibit “D”. such Site or ascertaining that Tenant complies with the terms of this Lease and with all applicable Environmental Laws that relate in any way to any such Site. E. If the presence, Release, threat of Release, presence or placement on, in or around any Environmental Activities occur Site, or are suspected to have occurred in violation the generation, transportation, storage, use, treatment, or disposal at or around any Site of any Hazardous Materials Laws Material by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant, Tenant’s acts Representatives, or omissions during by any third party other than Landlord or Landlord’s Representatives: (i) gives rise to liability or obligation (including, but not limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause a material and adverse effect on public health or occupational safety and health, (iii) pollutes or threatens to pollute the Termenvironment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly obtain take any and all permits remedial and approvals removal actions required by Environmental Laws or otherwise necessary to remedy clean up any such actual or suspected problem through Site to comply with all environmental standards applicable to any such Site given its use at the removal of Hazardous Materials or otherwise, and upon Landlord’s approval time of the remediation plan, remedy any such problem and mitigate exposure to liability arising from the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Material. F. Tenant shall immediately advise promptly notify Landlord in writing upon Tenant becoming aware of: (ai) any Environmental Activities in violation enforcement action, investigation, cleanup, notice of violation, or other regulatory action taken or threatened against either party or otherwise related to the Premises by any governmental authority with respect to the presence of any Hazardous Materials Material at any Site, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any governmental authority or other person against either party hereto or otherwise relating to any actual or alleged violation of or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws; , (biii) any Release of Hazardous Materials, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from any Site, and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental authority respecting any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials in, at, on, under or about any portion Site, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the status and Tenant’s actions to resolve such matters, and shall furnish Landlord with such other documents and information as Landlord may reasonably request with respect thereto. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the Premises same, and such other information as the Landlord may reasonably require or as may be required by Environmental Laws. G. Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, in violation the manner specified in Section 20, from and against any and all liability, claim, expense, cause of action, fines, judgments, settlements, investigation, monitoring and remediation costs, penalties, losses and damages (including reasonable attorney’s, consultant’s and contractor’s fees) resulting or arising from (i) the breach by Tenant of its covenants and agreements set forth in this Section 27, (ii) the presence, Release, placement on, in or around the Premises, or the generation, transportation, storage, use, treatment or disposal at or around any Site of any Hazardous Materials Laws; before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s Representatives, (diii) Tenantany violation of or obligation under Environmental Law before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Representatives, and (eiv) all communications to claims by governmental authorities or from Tenant, any governmental authority other third parties associated with Hazardous Materials or violations of or obligations under Environmental Laws by Tenant or any third party other Person relating to Hazardous Materials Laws than Landlord or Landlord’s Representatives, or Hazardous Materials Claims with respect to present at, on, under or about any portion of Site before or during the PremisesTerm and any Renewal Term, including copies thereof. Landlord shall have the rightas applicable, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees limitation those that were discovered during the Term and costs) and with counsel chosen by Landlord, to join and participate inany Renewal Term, as a party if it so electsapplicable, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred which were caused prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTerm by Tenant or its agents, representatives, employees, contractors, subcontractors, licensees or invitees or any third party other than Landlord or Landlord’s Representatives; provided, however, in no event shall Tenant be responsible for conditions Tenant’s indemnity obligations hereunder apply to any violations of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Environmental Laws or suspected problem through the removal Releases of Hazardous Materials at caused by the gross negligence or willful misconduct of Landlord or Landlord’s sole cost and expenseRepresentatives. The foregoing indemnity obligations shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply (i) Except in full compliance with all Applicable Law there are no Hazardous Materials Lawspresent at, except for upon, under or within the Leased Property or released or transported to or from the Leased Property. (ii) No Governmental Actions have been taken, or are in process or have been threatened, which could reasonably be expected to subject the Leased Property, the Lender or the Lessor to any items set forth on Exhibit “D”. If Claims or Liens under any Environmental Activities occur Law which would have a materially adverse effect on the Lessor, the Lender or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant Leased Property. (iii) The Lessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits. (iv) With respect to the TermLeased Property, Tenant shall immediately advise Landlord in writing of: (a) no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, and no penalty has been assessed on the Lessee and no investigation or review is pending or threatened by any Governmental Authority or other Person with respect to any alleged violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Law. No material notice, notification, demand, request for information, citation, summons, complaint or any portion of the Premises; (c) any remedial action taken by Tenant in response order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion of the Premises, including copies thereof. Landlord shall have the rightthereof are presently in compliance with all Environmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense there are no present or past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including, without limitation, Landlord’s reasonable attorneys’ fees and coststhe release or presence of Hazardous Materials) and with counsel chosen by Landlordthat could reasonably be anticipated to (A) form the basis of a Claim against the Leased Property, the Lender, the Lender or the Lessee, (B) cause the Leased Property to join and participate inbe subject to any restrictions on ownership, as a party if it so electsoccupancy, use or transferability under any legal proceedings Environmental Law, (C) require the filing or actions initiated in connection with recording of any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims notice or causes of action arising out or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located or (D) prevent or interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws(a) Tenant agrees that it will not, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term Applicable Laws, release, discharge, place, hold, or if Tenant has received notice dispose of any Hazardous Materials Claim against any portion of Material (as hereinafter defined) on, under or at the Premises as a result of Tenant’s acts Premises, in the Building, or omissions during on the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseLand, and upon Landlord’s approval of the remediation planthat it will not, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of Applicable Laws, use the Premises, the Building, or the Land as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Materials Laws; (b) Material. Tenant further agrees that it will not knowingly cause or allow any Hazardous Materials Claims against asbestos to be incorporated into any improvements or alterations which Tenant makes or any portion of causes to be made to the Premises; (c) any remedial action taken by , or the Building. Landlord confirms that to its knowledge except as disclosed in that certain environmental audit for the Land which has been made available for Tenant in response to any Hazardous Materials Claims or any review at the offices of Landlord, there are no Hazardous Materials on, under or about at the Premises, in the Building, or on the Land in violation of Applicable Laws, and that Landlord will not release, discharge, place, hold, or dispose of any Hazardous Material on, under or at the Premises, in the Building, or on the Land in violation of Applicable Laws, and that it will not use the Premises, the Building, the Land, or any other portion thereof as a site for the treatment, storage, or disposal (whether permanent or temporary) of any Hazardous Material in violation of Applicable Laws. To the best of its knowledge, Landlord confirms that no asbestos will be incorporated into any improvements or alterations which Landlord makes or causes to be made to the Premises, or the Building. If asbestos is incorporated into any improvements or alterations which Landlord makes or causes to be made to the Premises, or the Building, Landlord shall cause it to be removed and/or treated so that occupation of the Premises in violation is safe and lawful, and Landlord shall bear all reasonable expenses and costs incurred by Tenant for temporarily moving from the Premises while such removal and treatment work are done. (b) Tenant hereby agrees to indemnify and defend (with counsel reasonably approved by Landlord) Landlord of, from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any Hazardous Materials Laws; and every kind whatsoever (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable court costs and attorneys’ fees and costsat all tribunal levels) and which may be paid, incurred or suffered by, or asserted against Landlord for, with counsel chosen by Landlordrespect to, to join and participate in, or as a party if it so elects, direct result of any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to breach by Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation provisions of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, this Paragraph Landlord hereby agrees to remedy indemnify and defend (with counsel reasonably approved by Tenant) Tenant of, from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever (including without limitation, court costs and attorneys’ fees at all tribunal levels) which may be paid, incurred or suffered by, or asserted against Tenant for, with respect to, or as a direct result of any breach by Landlord of the provisions of this Paragraph. (c) For purposes of this Lease, “Hazardous Material” means and includes any hazardous or toxic substance, pollutant, contaminant, gas, or petroleum product defined as such actual in (or suspected problem through for purposes of) the removal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous or toxic, waste, substance or material, gas or petroleum product, and “Applicable Laws” shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Toxic Substances Control Act, as amended, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous or toxic waste, substance or material, as now or at any time hereafter in effect, or any other hazardous or toxic waste, substance or material, gas or petroleum product. (d) Tenant shall provide Landlord with a list of any and all Hazardous Materials at released, discharged, placed, held, or disposed of on the Premises by the Tenant or actually known to Tenant, where such release, discharge, placement, holding, or disposal is in violation of this Section 7, within ten days of a request for the list by Landlord’s sole cost . Landlord shall provide Tenant with a list of any and expenseall Hazardous Materials released, discharged, placed, held, or disposed of on the Premises by the Landlord or actually known to Landlord, where such release, discharge, placement, holding, or disposal is in violation of this Section 7, within ten days of a request for the list by Tenant.

Hazardous Materials. Tenant’s use of the Premises 40.1 Tenant shall comply with all not cause or permit any Hazardous Materials Laws(as hereinafter defined) to be brought upon, except for any items set forth on Exhibit “D”. If any Environmental Activities occur kept or are suspected to have occurred used in or about the Premises, the Building or the Project in violation of any Applicable Laws by Tenant, its agents, employees, contractors or invitees. If Tenant breaches such obligation, or if the presence of Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, a breach results in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion contamination of the Premises, including copies thereof. Landlord the Building, the Project or any adjacent property, or if contamination of the Premises by Hazardous Materials otherwise occurs during the Term of this Lease or any extension or renewal hereof or holding over hereunder, then Tenant shall have the rightindemnify, save, defend and except for hold Landlord, its agents and contractors harmless from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, Landlord’s reasonable diminution in value of the Premises, the Building, the Project or any portion thereof; damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or Project; damages arising from any adverse impact on marketing of space in the Premises, the Building or the Project; and sums paid in settlement of claims, attorneys’ fees, consultants’ fees and costsexperts’ fees) and with counsel chosen by Landlord, to join and participate in, that arise during or after the Term as a party if it so electsresult of such breach or contamination. This indemnification of Landlord by Tenant includes, any legal proceedings or actions initiated without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials Claimspresent in the air, soil or groundwater above, on or under the Premises. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeWithout limiting the foregoing, there are not pending claims or causes of action arising out or relating to if the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation presence of any Hazardous Materials Laws have occurred in, on, under or about the Premises, the Building, the Project or any adjacent property caused or permitted by Tenant results in any contamination of the Premises, the Building, the Project or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, the Building, the Project and any adjacent property to their respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, the Building or the Project. 40.2 Landlord acknowledges that it is not the intent of this Article 40 to prohibit Tenant from operating its business as described in Section 2.9 above. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored according to Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord prior to the Term Commencement Date which have not been remedied a list identifying each type of Hazardous Material to be present on the Premises and setting forth any and all governmental approvals or permits required in fullconnection with the presence of such Hazardous Material on the Premises (the “Hazardous Materials List”). Notwithstanding anything Tenant shall deliver to Landlord an updated Hazardous Materials List promptly after any material changes to the contrary contained hereintypes or amounts of Hazardous Materials used by Tenant in the Premises. Tenant shall deliver to Landlord true and correct copies of the following documents (hereinafter referred to as the “Documents”) relating to the handling, storage, disposal and emission of Hazardous Materials prior to the Term Commencement Date or, if unavailable at that time, concurrent with the receipt from or submission to any Governmental Authority: permits; approvals; reports and correspondence; storage and management plans; notices of violations of Applicable Laws; plans relating to the installation of any storage tanks to be installed in or under the Premises, the Building or the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion); and all closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on or under the Premises, the Building or the Project for the closure of any such storage tanks. Tenant shall not be required, however, to provide Landlord with any portion of the Documents containing information of a proprietary nature that, in no and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials. Upon Landlord’s written request, Tenant agrees that it shall enter into a reasonable written agreement with other tenants of the Building and the Project concerning the equitable allocation of fire control areas (as defined in the Uniform Building Code as adopted by the city or municipality(ies) in which the Project is located (the “UBC”)) within the Building and the Project for the storage of Hazardous Materials. In the event shall that Tenant’s use of Hazardous Materials is such that it utilizes fire control areas in the Building or the Project in excess of Tenant’s Pro Rata Share of the Building or the Project, as applicable, as set forth in Section 2.2, Tenant be responsible for conditions agrees that it shall, at its sole cost and expense and upon Landlord’s written request, establish and maintain a separate area of the Premises classified by the UBC as an “H” occupancy area for the use and storage of Hazardous Materials or take such other action as is necessary to ensure that its share of the fire control areas of the Building and the Project is not greater than Tenant’s Pro Rata Share of the Building or the Project, as applicable. 40.3 Notwithstanding the provisions of Section 40.1 above, if Tenant (a) has been required by any prior landlord, Lender or Governmental Authority to take remedial action in existence connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question, or (b) is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any such matter involving Tenant) at any time within one hundred eighty (180) days after the date Landlord actually becomes aware of such requirement or order, as applicable; provided, however, that unless such property is the Property, this Section 40.3 shall not apply to any assignee of Tenant that (x) purchases all or substantially all of the assets of Tenant, and (y) has a net worth of at least $100,000,000. 40.4 Notwithstanding the provisions of Section 40.1 above, if any proposed transferee, assignee or sublessee of Tenant (a) has been required by any prior landlord, Lender or Governmental Authority to take remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question, or (b) is subject to an enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials, then it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving such proposed transferee, assignee or sublessee); provided, however, that this Section 40.4 shall not apply in the case of any assignment of this Lease by Tenant to any assignee that (x) purchases all or substantially all of the assets of Tenant, and (y) has a net worth of at least $100,000,000. 40.5 At any time, and from time to time, prior to the Commencement Date, andexpiration of the Term, if required by lawLandlord has a reasonable basis to believe that Tenant has violated this Article 40, Landlord hereby agrees shall have the right to remedy conduct appropriate tests of the Premises, the Building and the Project to demonstrate that Hazardous Materials are present or that contamination has occurred due to Tenant or Tenant’s agents, employees or invitees. Tenant shall pay all reasonable costs of such tests of the Premises if a violation by Tenant is found to have occurred. 40.6 If underground or other storage tanks storing Hazardous Materials are located on the Premises or are hereafter placed on the Premises by any party, Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. 40.7 Tenant’s obligations under this Article 40 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such actual Hazardous Materials, Tenant shall continue to pay Rent in accordance with this Lease, which Rent shall be prorated daily. 40.8 As used herein, the term “Hazardous Material” means any hazardous or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensetoxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on or under any portion of a Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to such Facility only and this Master Lease shall remain in full force and effect with respect to such Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Master Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for a Facility beyond December 31, 2025 as to such Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use The Borrower Parties shall, and shall cause each of the Premises shall comply Macerich Core Entities to, do the following: (1) Keep and maintain all Designated Environmental Properties in material compliance with all any Hazardous Materials LawsLaws unless the failure to so comply would not be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof. (2) Promptly cause the removal of any Hazardous Materials discharged, except for disposed of, or otherwise released in, on or under any items set forth on Exhibit “D”. If any Designated Environmental Activities occur or Properties that are suspected to have occurred in violation of any Hazardous Materials Laws and which would be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof, and cause any remediation required by Tenant during any Hazardous Material Laws or Governmental Authority to be performed, though no such action shall be required if any action is subject to a good faith contest. In the Term course of carrying out such actions, the Borrower shall provide the Administrative Agent with such periodic information and notices regarding the status of investigation, removal, and remediation, as the Administrative Agent may reasonably require. (3) Promptly advise the Administrative Agent, the Issuing Lender and each Lender in writing of any of the following: (i) any Hazardous Material Claims known to the Borrower which would be reasonably expected to result in a material adverse effect to an Environmental Property or if Tenant has received the owner thereof; (ii) the receipt of any notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal alleged violation of Hazardous Materials or otherwiseLaws with respect to an Environmental Property (and the Borrower shall promptly provide the Administrative Agent, the Issuing Lender and upon Landlord’s approval Lenders with a copy of such notice of violation), provided that such alleged violation, if true (and if any release of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws alleged therein were not promptly remediated), would result in a breach of subsections (1) or (2) above; and good business practices. During (iii) the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises Designated Environmental Properties that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority could cause such Designated Environmental Properties or any other Person relating part thereof to Hazardous Materials Laws or Hazardous Materials Claims with respect to be in violation of clauses (1) or, if not promptly remediated, (2) above. If the Administrative Agent, the Issuing Lender and/or any portion of the Premises, including copies thereof. Landlord Lender shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, be joined in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents , each Borrower Party shall indemnify, defend, and warrants hold harmless such Person with respect to Tenant that: any liabilities and out-of-pocket expenses arising with respect thereto, including reasonable attorneys’ fees and disbursements. (i4) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Comply with each of the Commencement Date; covenants set forth in subsections (1), (2) and (ii3) of this Section 7.9 with respect to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions all other Properties of the Premises Borrower and Macerich Core Entities unless the failure to so comply would not reasonably be expected to result in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensea Material Adverse Effect.

Hazardous Materials. Tenant’s The Borrower Parties and the Macerich Core Entities have caused Phase I and the other environmental assessments as set forth in Schedule 6.15 to be conducted or have taken other steps to investigate the past and present environmental condition and use of their Properties (as used in this Section 6.15 and Section 7.9, the Premises shall comply "Environmental Properties"). Based on such investigation, except as otherwise disclosed on Schedule 6.15, to the best knowledge of the Borrower Parties: (1) no Hazardous Materials have been discharged, disposed of, or otherwise released on, under, or from the Environmental Properties so as to be reasonably expected to result in a violation of Hazardous Materials Laws and a material adverse effect to such Environmental Property or the owner thereof; (2) the owners of the Environmental Properties have obtained all material environmental, health and safety permits and licenses necessary for their respective operations, and all such permits are in good standing and the holder of each such permit is currently in compliance with all terms and conditions of such permits, except to the extent the failure to obtain such permits or comply therewith is not reasonably expected to result in a Material Adverse Effect or any material violation of Hazardous Materials Laws or in a material adverse effect to such Environmental Property or the owner thereof; (3) none of the Environmental Properties is listed or proposed for listing on the National Priorities List ("NPL") pursuant to CERCLA or on the Comprehensive Environmental Response Compensation Liability Information System List ("CERCLIS") or any similar applicable state list of sites requiring remedial action under any Hazardous Materials Laws; (4) none of the owners of the Environmental Properties has sent or directly arranged for the transport of any hazardous waste to any site listed or proposed for listing on the NPL, except for CERCLIS or any items set forth similar state list; (5) there is not now on Exhibit “D”. If or in any Environmental Activities occur Property: (a) any landfill or are suspected to have occurred surface impoundment; (b) any underground storage tanks; (c) any asbestos-containing material; or (d) any polychlorinated biphenyls (PCB), which in the case of any of clauses (a) through (d) could reasonably result in a violation of any Hazardous Materials Laws by Tenant during and a material adverse effect to such Environmental Property or the Term or if Tenant owner thereof; (6) no environmental Lien has received notice of attached to any Hazardous Materials Claim against any portion of Environmental Properties; and (7) no other event has occurred with respect to the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal presence of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or under the Environmental Properties, which would reasonably be expected to result in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial Adverse Effect.

Hazardous Materials. 21.1 Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if any extension or renewal hereof or any holding over by Tenant has received notice of any Hazardous Materials Claim against any portion hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Notwithstanding the foregoing, Landlord shall Indemnify the Tenant Parties from and against any occurrence and all Claims arising from the presence of Hazardous Materials at the Project in violation of Applicable Laws as of the Execution Date, unless placed at the Project by a Tenant Party. 21.2 Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or condition on or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3 Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4 At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5 If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6 Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises of which Tenant becomes aware. 21.7 Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8 As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Tenant’s use of Tenant shall not cause or permit the Premises shall comply with all Hazardous Materials Laws------------------- storage, except for any items set forth on Exhibit “D”. If any Environmental Activities occur use, generation, release, handling or are suspected to have occurred in violation disposal (collectively, "Handling") of any Hazardous Materials Laws (as defined below), in, on, or about the Premises or the Real Property by Tenant during the Term or if any agents, employees, contractors, licensees, subtenants, customers, guests or invitees of Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of (collectively with Tenant’s acts or omissions during the Term, "Tenant Parties"), except that Tenant shall promptly obtain be permitted to use normal quantities of office supplies or products (such as copier fluids or cleaning supplies) customarily used in the conduct of general business office activities ("Common Office Chemicals"), provided that the Handling of such Common Office Chemicals shall comply at all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance times with all Legal Requirements, including Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in fulldefined below). Notwithstanding anything to the contrary contained herein, however, in no event shall Tenant permit any usage of Common Office Chemicals in a manner that may cause the Premises or the Real Property to be contaminated by any Hazardous Materials or in violation of any Hazardous Materials Laws. Tenant shall immediately advise Landlord in writing of (a) any and all enforcement, cleanup, remedial, removal, or other governmental or regulatory actions instituted, completed, or threatened pursuant to any Hazardous Materials Laws relating to any Hazardous Materials affecting the Premises; and (b) all claims made or threatened by any third party against Tenant, Landlord, the Premises or the Real Property relating to damage, contribution, cost recovery, compensation, loss, or injury resulting from any Hazardous Materials on or about the Premises. Without Landlord's prior written consent (which consent may be withheld in Landlord's sole discretion), Tenant shall not take any remedial action or enter into any agreements or settlements in response to the presence of any Hazardous Materials in, on, or about the Premises. Tenant shall be solely responsible for conditions and shall indemnify, defend and hold Landlord and all other Indemnitees (as defined in Paragraph 14.b. below), harmless from and against all Claims (as defined in Paragraph 14.b. below), arising out of or in connection with, or otherwise relating to (i) any Handling of Hazardous Materials by any Tenant Party or Tenant's breach of its obligations hereunder, or (ii) any removal, cleanup, or restoration work and materials necessary to return the Premises in existence Real Property or any other property of whatever nature located on the Real Property to their condition existing prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Handling of Hazardous Materials in, on or about the Premises. Tenant's obligations under this paragraph shall survive the expiration or other termination of this Lease. For purposes of this Lease, "Hazardous Materials" means any explosive, radioactive materials, hazardous wastes, or hazardous substances, including without limitation asbestos containing materials, PCB's, CFC's, or substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601-9657; the Hazardous Materials Transportation Act of 1975, 49 U.S.C. Section 1801-1812; the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901-6987; or any other Legal Requirement regulating, relating to, or imposing liability or standards of conduct concerning any such materials or substances now or at Landlord’s sole cost and expenseany time hereafter in effect (collectively, "Hazardous Materials Laws").

Hazardous Materials. Tenant’s use Tenant shall not use, generate, store, or dispose of, or permit the use, generation, storage or disposal of the Premises shall comply with all Hazardous Materials Laws, on or about the Rangers Complex except in a manner and quantity necessary for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result ordinary performance of Tenant’s acts business, and then in compliance with all Applicable Laws regarding Hazardous Materials. Tenant (i) shall furnish or omissions during cause to be furnished to Landlord copies of any soils and other geotechnical reports that Tenant may obtain relating to the TermLand, promptly after receipt thereof, and (ii) shall use good faith efforts to have the entities that rendered such reports include the City as an additional addressee and/or cause such reports to contain a statement that expressly permits the City to be able to rely on each such report. If Tenant breaches its obligations under this Section 5.9, Landlord may, following reasonable advance notice in writing to Tenant (except in the event of an emergency) and the continuation of such breach following such notice period, take any and all action reasonably appropriate to remedy the same, including taking all appropriate action to clean up or remediate any contamination resulting from Tenant’s use, generation, storage or disposal of Hazardous Materials. In addition to any other indemnity of Landlord elsewhere in the Lease or any other Project Document, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisedefend, indemnify, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of hold harmless Landlord and its representatives and agents from and against any and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws demands, liabilities, causes of action, suits, judgments, damages and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: expenses (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costscost of clean-up and remediation) and with counsel chosen by Landlordarising from Tenant’s use, to join and participate ingeneration, as a party if it so elects, any legal proceedings storage or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials on or about the Rangers Complex at any time during the Term. Upon expiration or early termination of this Lease, Landlord may require Tenant, at Landlord’s sole cost option and expensediscretion, to remediate and restore any physical conditions which were present on some or all of Land during or prior to the Term (and in any event before the Effective Date).

Hazardous Materials. Tenant’s use of the Premises a. Tenant shall comply with all Hazardous Materials applicable environmental laws, orders, regulations, ordinances and directives now existing or hereafter enacted (“Environmental Laws”) and, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, shall perform any act or obligation arising from or as is necessary to achieve such compliance arising from its use of the Premises. Landlord shall, at its sole cost and expense, perform any act or obligation in order to comply with all Environmental Laws except those which are Txxxxx’s obligation hereunder. b. Tenant shall not cause or permit any portion of the Premises to be used for the production, storage, deposit or disposal of Hazardous Materials, nor shall Tenant permit Hazardous Materials ever to be placed or located upon the Premises. Notwithstanding the above prohibition, Tenant acknowledges that it stores Hazardous Materials (thinners, lacquers, glues, varnishes, etc.) including the listed petrochemicals and finishes containing urea formaldehyde and covenants that same are at all times used, kept and stored in full compliance with the Environmental Laws including the storing of the Hazardous Materials in code-compliant flammable cabinets. As used herein, “Hazardous Materials” means all substances or pollutants which are declared to be or regulated as hazardous, toxic, dangerous or polluting substances under the Environmental Laws at any time during the Term of this Lease, including, without limitation, Landlord’s reasonable attorneys’ fees asbestos, polychlorinated biphenyles (PCBs), urea formaldehyde, foam insulation, and costs) petroleum products and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, by-products. c. Tenant shall promptly notify Landlord of any legal proceedings actual or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or threatened lien against the Premises as of which Txxxxx becomes aware pursuant to any of the Commencement Date; and (ii) to Landlord’s knowledgeEnvironmental Laws. Tenant, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at LandlordTenant’s sole cost and expense, shall promptly discharge and remove any lien arising from Tenant’s violation of any of the Environmental Laws, such action to be completed within thirty (30) days after Tenant first receives notice of such lien or violation or such shorter period of time if required (1) by the governmental agency enforcing the correction of such violation, or (2) to prevent the holder of any such lien from forcing the sale of the Premises.

Hazardous Materials. Tenant’s use 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by a Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Project occurs as a result of Hazardous Materials Laws, except for any items set forth that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises in violation that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials Laws; and (dii) Tenant’s discovery plans relating to the installation of any occurrence storage tanks to be installed in, on, under or condition on about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or in any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (l) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Project, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials Laws contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises of which Tenant becomes aware. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27 below. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building of Complex ("Insurance Conditions"); (b) dump, flush or are suspected to have occurred in violation otherwise dispose of any Hazardous Materials into the drainage, sewage or waste disposal systems serving the Premises, the Building or the Complex, except in compliance with Environmental and Health Laws by Tenant during the Term and Insurance Conditions; (c) release, spill or if Tenant has received notice dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions). Tenant agrees that if it or omissions during anyone claiming under it shall transfer to the TermPremises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord shall have the rightany notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and Health Laws or with counsel chosen by Landlord, respect to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claimsaffecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or other informational requests relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Tenant's use of the Premises in existence prior to the Commencement Date, and, if required by lawin particular, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Tenant's use, generation, storage and/or disposal of Hazardous Materials at Landlord’s sole cost and expenseat, to, or from the Premises.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Project occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProject by a Tenant Party, then Tenant shall promptly obtain Indemnify the Landlord Indemnitees from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, and approvals necessary to remedy (y) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This Indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Project. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises will and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials, in which case Tenant shall deliver updated Hazardous Materials documents (without Landlord having to request them) before or, if not practicable to do so before, as soon as reasonably practicable after the occurrence of the events in Subsection 21.2(m) or (n). For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any documents containing information of a proprietary nature, unless such documents contain a reference to Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from Tenant. Landlord may, any governmental authority or any other Person relating to at Landlord’s expense, cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with Applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or other tenants’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 21.3. Tenant represents and warrants to Landlord that it is not nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (a) subject to a material enforcement order issued by any Governmental Authority or (b) required to take any remedial action. 21.4. At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority.

Hazardous Materials. Section 14.1 Tenant will not cause any Hazardous Material to be brought upon, kept or used on the Demised Premises in a manner or for a purpose prohibited by or that could result in liability under any Hazardous Materials Law. Tenant, at its sole cost and expense, will comply with all Hazardous Materials Laws and prudent industry practice relating to the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under or about the Demised Premises required for Tenant’s use of the Premises shall comply and will notify Landlord of any and all Hazardous Materials Tenant brings upon, keeps or uses on the Demised Premises (other than small quantities of cleaning or other supplies). On or before the expiration or earlier termination of this Lease, Tenant, at its sole cost and expense, will completely remove from the Demised Premises (regardless whether any Hazardous Materials Law requires removal), in compliance with all Hazardous Materials Laws, except for all Hazardous Materials Tenant causes to be present in, on, under or about the Demised Premises. Tenant will not take any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected remedial action in response to have occurred in violation the presence of any Hazardous Materials Laws by Tenant during in, on, under or about the Term Demised Premises, nor enter into any settlement agreement, consent decree or if Tenant has received notice of other compromise with respect to any Claims relating to or in any way connected with Hazardous Materials Claim against any portion of in, on, under or about the Premises as a result Demised Premises, without first notifying Landlord of Tenant’s acts or omissions during intention to do so and affording Landlord reasonable opportunity to investigate, appear, intervene and otherwise assert and protect Landlord’s interest in the TermDemised Premises. Section 14.2 Tenant will notify Landlord of any of the following actions affecting Landlord, Tenant shall promptly obtain all permits and approvals necessary or the Demised Premises that result from or in any way relate to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordTenant’s approval use of the remediation plan, remedy any such problem to Demised Premises immediately after receiving notice of the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing ofsame: (a) any Environmental Activities in violation of enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened under any Hazardous Materials LawsLaw; (b) any Claim made or threatened by any person relating to damage, contribution, liability, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials Claims against Material; and (c) any reports made by any person, including Tenant, to any environmental agency relating to any Hazardous Material, including any complaints, notices warnings or asserted violations. Tenant will also deliver to Landlord, as promptly as possible and in any event within five (5) Business Days after Tenant first receives or sends the same, copies of all Claims, reports, complaints, notices warnings or asserted violations relating in any portion way to the Premises or Tenant’s use of the Premises. Upon Landlord’s written request, Tenant will promptly deliver to Landlord documentation acceptable to Landlord reflecting the legal and proper disposal of all Hazardous Materials removed or to be removed from the Premises. All such documentation will list Tenant or its agent as a responsible party and will not attribute responsibility for any such Hazardous Materials to Landlord or to the manager of the Demised Premises. Section 14.3 Tenant acknowledges and agrees that all reporting and warning obligations required under Hazardous Materials Laws resulting from or in any way relating to Tenant’s use of the Premises or Demised Premises are Tenant’s sole responsibility, regardless whether the Hazardous Materials Laws permit or require Landlord to report or warn. Section 14.4 Tenant will release, indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold harmless Landlord and any Mortgagee from and against any and all claims whatsoever arising or resulting, in whole or in part, directly or indirectly, from the presence, treatment, storage, transportation, disposal, release or management of Hazardous Materials in, on, under, upon or from the Demised Premises (including water tables and atmosphere) resulting from or in any way related to tenant’s occupancy and use of the Premises or Demised Premises, or as a result of the acts, actions, or omissions of any third party. Tenant’s obligations under this section include, without limitation and whether foreseeable or unforeseeable, (a) the costs of any required or necessary repair, clean-up, detoxification or decontamination of the Demised Premises; (b) the costs of implementing any closure, remediation or other required action in connection therewith as stated above; (c) the value of any remedial loss of use and any diminution in value of the Demised Premises; and (d) consultants’ fees, experts’ fees and response costs. Section 14.5 Removal or remediation of Hazardous Materials from the Demised Premises shall be completed to the reasonable satisfaction of a third party environmental expert reasonably satisfactory to Landlord and Tenant. In the event (i) Hazardous Materials are discovered upon the Premises, and (ii) Landlord has been given written notice of the discovery of such Hazardous Materials, and (iii) neither Landlord nor Tenant is obligated under this Lease to pay the cost of compliance with Hazardous Materials Laws with respect to such Hazardous Materials, then and in that event Landlord may voluntarily, but shall not be obligated to, agree with Tenant to take all action taken by necessary to bring the Demised Premises into compliance with Hazardous Materials Laws at Landlord’s sole cost and expense. In the event Landlord fails to notify Tenant in response to any writing with thirty (30) days after the date Landlord receives written notice of the discovery of such Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of that Landlord intends to voluntarily take such action as is necessary to bring the Premises in violation of any into compliance with Hazardous Materials Laws; , Tenant may (di) Tenant’s discovery of any occurrence or condition on or in bring the vicinity of any portion of the Demised Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to into compliance with Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any provided such Hazardous Materials Laws have occurred prior to endanger persons or property in, on or about the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or Demised Premises or significantly interfere with Tenant’s use of the Premises in existence prior Demised Premises, terminate this Lease on a date not less than ninety (90) days following the date of Tenant’s written notice to the Commencement Date, and, if required by law, Landlord hereby agrees of its intent to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseterminate this Lease.

Hazardous Materials. Tenant agrees that neither Tenant’s use of the Premises , nor any other Tenant Party, shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of Handle any Hazardous Materials Laws by in the Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Space or any portion of the Premises; (c) Building or the Property. Additionally, Tenant agrees that neither Tenant, nor any remedial action taken by other Tenant Party, shall use the Tenant Space in response any manner which may directly or indirectly lead to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection non-compliance with any Hazardous Materials Claims. Environmental Law. 6.3.2.1 Landlord hereby represents and warrants to Tenant that: (i) , to the best of Landlord’s knowledgeActual Knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Effective Date; , (a) neither the Property, nor the Building nor the Tenant Space contain any Hazardous Materials, other than those amounts and types of Hazardous Materials (e.g., the battery acid contained within the Building’s batteries) that are utilized in the ordinary course of operating the Building, (b) neither the Property, nor the Building nor the Tenant Space contain Hazardous Materials at levels or in conditions that are in violation of applicable Environmental Laws, (c) no underground storage tanks are located on the Property, (d) no Claims or actions of any sort have been brought against Landlord concerning Hazardous Materials on the Property, and (iie) no investigations have been initiated against Landlord concerning Hazardous Materials on the Property. 6.3.2.2 Landlord shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord’s knowledgeTenant and hold Tenant harmless from and against, no Environmental Activities in violation any liabilities, losses, claims, demands, interest, penalties, fines, attorneys’ fees, experts’ fees, court costs, remediation costs, and other expenses actually incurred by Tenant as a result of the presence of any Hazardous Materials Laws have occurred prior to in, on, about, under or emanating from the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or Property as of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal Effective Date of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s Tenant shall not (a) introduce on or transfer to or store on the Premises, the Building or the Complex or use on the Premises, any Hazardous Materials (as hereinafter defined), except such Hazardous Materials in such amounts as are reasonably necessary for the conduct of the Premises shall comply Permitted Uses, and then only in compliance with all Hazardous Materials LawsEnvironmental and Health Laws (as hereinafter defined) and the terms and conditions of recommendations, except for policies or requirements of any items set forth on Exhibit “D”. If any Environmental Activities occur insurer of the Building or are suspected to have occurred in violation Complex ("Insurance Conditions"); (b) dump, flush or otherwise dispose of any Hazardous Materials Laws by Tenant during into the Term drainage, sewage or if Tenant has received notice waste disposal systems serving the Premises, the Building or the Complex; (c) generate, release, spill or dispose of any Hazardous Materials Claim against in or on the Premises, the Building or the Complex, or (d) transfer any portion of Hazardous Materials from the Premises as a result to any other location (except the transfer of Tenant’s acts such Hazardous Materials expressly permitted to be used on the Premises from the Premises for disposal and then only in compliance with all Environmental and Health Laws and Insurance Conditions); and shall not commit or omissions during suffer to be committed in or on the TermPremises, the Building or the Complex any act which would require any reporting or filing of any notice with any governmental agency pursuant to any Environmental and Health Laws except in connection with the Permitted Uses. Tenant agrees that if it or anyone claiming under it shall transfer to the Premises, store, use or dispose (except to the extent expressly permitted above), generate, release, threaten release or spill, any Hazardous Materials, it shall forthwith remove the same, at its sole cost and expense, in the manner provided by all applicable Environmental and Health Laws, regardless of when such Hazardous Materials shall be discovered. Furthermore, Tenant shall promptly obtain all permits and approvals necessary to remedy pay any such actual fines, penalties or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken other assessments imposed by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims agency with respect to any such Hazardous Materials and shall forthwith repair and restore any portion of the Premises, including copies the Building or the Complex which it shall disturb in so removing any such Hazardous Materials to the condition which existed prior to Tenant's disturbance thereof. Tenant agrees to deliver promptly to Landlord any notices, orders or similar documents received from any governmental agency or official concerning any violation of any Environmental and Health Laws or with respect to any Hazardous Materials affecting the Premises, the Building or the Complex. In addition, Tenant shall, within ten (10) days of receipt, accurately complete any questionnaires from Landlord or other informational requests relating to Tenant's use of the Premises and, in particular, to Tenant's use, generation, storage and/or disposal of Hazardous Materials at, to, or from the Premises. Tenant shall have the rightindemnify, defend (by counsel satisfactory to Landlord), protect, and except hold Landlord free and harmless from and against any and all claims, or threatened claims, including without limitation, claims for death of or injury to any items noted on Exhibit “D” at person or damage to any property, actions, administrative proceedings, whether formal or informal, judgments, damages, punitive damages, liabilities, penalties, fines, costs, taxes, assessments, forfeitures, losses, expenses, attorneys' fees and expenses, consultant fees, and expert fees that arise from or are caused in whole or in party, directly or indirectly, by (i) Tenant’s sole cost 's use, analysis, storage, transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in, on, under, about or from the Premises, or (ii) Tenant's failure to comply with any Environmental and expense Health Laws. Tenant's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs (including, without limitation, Landlord’s reasonable attorneys’ fees capital, operating and maintenance costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation or monitoring of site conditions, there are not pending claims repair, cleanup, containment, remedial, removal or causes of action arising out restoration work, or relating to the Facility detoxification or the Premises as decontamination of the Commencement Date; Premises, and (ii) to Landlord’s knowledge, no Environmental Activities in violation the preparation and implementation of any Hazardous Materials Laws have occurred prior closure, remedial action or other required plans in connection therewith. For purposes of this Subsection 6.2.8, any acts or omissions of Tenant, or its subtenants or assignees or its or their employees, agents, or contractors (whether or not they are negligent, intentional, willful or unlawful) shall be attributable to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTenant.

Hazardous Materials. TenantNotwithstanding anything contained herein to the contrary: A. Tenant covenants and agrees that it shall not cause, conduct, authorize or allow (i) the presence, generation, transportation, storage, treatment, or usage at the Premises, or any portion thereof, of any Hazardous Material in violation of or as would give rise to liability under Environmental Laws; (ii) a Release or threat of Release of any Hazardous Material on, under, about or in the Premises; or (iii) any violation of or liability under any Environmental Law at or with respect to the Premises or activities conducted thereon. For avoidance of doubt, nothing in this Section 271.A shall prohibit Tenant from using at the Premises (I) cleaning materials, pesticides, and other common household and office products, and/or (II) materials in connection with any fuel tanks, generators or the like on the Premises, solely to the extent, with respect to each of the preceding clauses (I) and (II), that any such use thereof is in compliance with Environmental Laws. B. Tenant shall, at its own cost, comply and ensure that the Premises and all operations and activities at the Premises comply with all Environmental Laws and the terms of this Lease with respect to Hazardous Materials. Tenant shall, at its own cost, obtain all permits, licenses and authorizations required under Environmental Laws for the operations and activities conducted at the Premises. C. Tenant shall promptly provide Landlord with written notice of any actual or potential violation of Environmental Laws, any Release of Hazardous Materials in or around the Premises that could impact the Premises or require any investigation, remediation or other response action under Environmental Law, and any claim or threat of a claim asserting any liability under Environmental Laws relating to the Premises, and copies of all reports, site assessments, and material communications, permits or agreements to, from or with any governmental authority or other third party relating to such violation, Release or claim; and D. Landlord and Landlord’s use Representatives, including such environmental consultants as Landlord may designate, shall have the right upon reasonable prior notice, and subject to Section 14 hereof, to enter the Premises and/or conduct appropriate tests and investigations for the purpose of assessing the condition of the Premises shall comply or ascertaining that Tenant complies with the terms of this Lease and with all Hazardous Materials Lawsapplicable Environmental Laws that relate in any way to the Premises. E. If the presence, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Release, threat of Release, presence or are suspected to have occurred placement on, in violation or around the Premises, or the generation, transportation, storage, use, treatment, or disposal at or around the Premises of any Hazardous Materials Laws Material by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant, Tenant’s acts Representatives, or omissions during by any third party other than Landlord or Landlord’s Representatives: (i) gives rise to liability or obligation (including, but not limited to, any investigatory, remedial, removal, reporting, or other response action) under any Environmental Law, (ii) causes or threatens to cause a material and adverse effect on public health or occupational safety and health, (iii) pollutes or threatens to pollute the Termenvironment, or endanger human health, or (iv) otherwise violates Environmental Law, Tenant shall promptly obtain take any and all permits remedial and approvals removal actions required by Environmental Laws or otherwise necessary to remedy any such actual or suspected problem through clean up the removal of Hazardous Materials or otherwise, and upon Landlord’s approval Premises to comply with all environmental standards applicable to the Premises given its use at the time of the remediation plan, remedy any such problem and mitigate exposure to liability arising from the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Material. F. Tenant shall immediately advise promptly notify Landlord in writing upon Tenant becoming aware of: (ai) any Environmental Activities in violation enforcement action, investigation, cleanup, notice of violation, or other regulatory action taken or threatened against either party or otherwise related to the Premises by any governmental authority with respect to the presence of any Hazardous Materials Material at the Premises, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any governmental authority or other person against either party hereto or otherwise relating to any actual or alleged violation of or liability under Environmental Laws or relating to any loss or injury resulting from any Hazardous Material or based on Environmental Laws; , (biii) any Release of Hazardous Materials, unlawful discharge, or non-routine, improper or unlawful disposal or transportation of any Hazardous Material on or from the Premises, and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental authority respecting any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials in, at, on, under or about the Premises, and Tenant shall thereafter keep Landlord reasonably apprised with respect to the status and Tenant’s actions to resolve such matters, and shall furnish Landlord with such other documents and information as Landlord may reasonably request with respect thereto. At such times as Landlord may reasonably request, Tenant shall provide Landlord with a written list identifying any portion Hazardous Material then actually known by Tenant to be used, stored, or maintained in, on or upon the Premises. In such case, Tenant shall if requested by Landlord provide Landlord with information with respect to the use and approximate quantity of each such material, a copy of any Material Safety Data Sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the same, and such other information as the Landlord may reasonably require or as may be required by Environmental Laws. G. Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless, in the manner specified in Section 20, from and against any and all liability, claim, expense, cause of action, fines, judgments, settlements, investigation, monitoring and remediation costs, penalties, losses and damages (including reasonable attorney’s, consultant’s and contractor’s fees) resulting or arising from (i) the breach by Tenant of its covenants and agreements set forth in this Section 27, (ii) the presence, Release, placement on, in or around the Premises, or the generation, transportation, storage, use, treatment or disposal at or around the Premises in violation of any Hazardous Materials Laws; before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s Representatives, (diii) Tenantany violation of or obligation under Environmental Law before or during the Term and any Renewal Term, as applicable, by Tenant or any third party other than Landlord or Landlord’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Representatives, and (eiv) all communications to claims by governmental authorities or from Tenant, any governmental authority other third parties associated with Hazardous Materials or violations of or obligations under Environmental Laws by Tenant or any third party other Person relating to Hazardous Materials Laws than Landlord or Landlord’s Representatives, or Hazardous Materials Claims with respect to present at, on, under or about the Premises before or during the Term and any portion of the PremisesRenewal Term, including copies thereof. Landlord shall have the rightas applicable, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees limitation those that were discovered during the Term and costs) and with counsel chosen by Landlord, to join and participate inany Renewal Term, as a party if it so electsapplicable, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred which were caused prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinTerm by Tenant or its agents, representatives, employees, contractors, subcontractors, licensees or invitees or any third party other than Landlord or Landlord’s Representatives; provided, however, in no event shall Tenant be responsible for conditions Tenant’s indemnity obligations hereunder apply to any violations of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual Environmental Laws or suspected problem through the removal Releases of Hazardous Materials at caused by the gross negligence or willful misconduct of Landlord or Landlord’s sole cost and expenseRepresentatives. The foregoing indemnity obligations shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant’s use of Tenant shall not (either with or without negligence) cause or permit the Premises shall comply with all Hazardous Materials Lawsescape, except for any items set forth on Exhibit “D”. If any Environmental Activities occur disposal or are suspected to have occurred in violation release of any Hazardous Materials Laws by Tenant during the Term biologically or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts chemically active or omissions during the Termother hazardous substances, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on materials onto or in the vicinity of the Premises. Tenant shall not allow the storage or use of such substances or materials in any portion manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such substances or materials, nor allow to be brought into the Premises any such materials or substances except to use in the ordinary course of Tenant's business. Tenant agrees to furnish, upon Landlord's request, a written inventory of the Premises that materially increase identity of such substances or materials used in the risk that ordinary course of Tenant's business. Without limitation, hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq, the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq, the Massachusetts Hazardous Waste Management Act, as amended, M G L c 21C, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, as amended, M G L c 21E, any portion applicable local ordinance or bylaw, and the regulations adopted under these acts (collectively, the "Hazardous Waste Laws"). If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if such requirement applies to the Premises will be exposed and only if such release is determined by a third party consultant to Hazardous Materials; and (e) all communications to have been caused by Tenant. If Tenant receives from any federal, state or from Tenant, local governmental agency any governmental authority notice of violation or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in alleged violation of any Hazardous Materials Laws have occurred prior Waste Law, or if Tenant is obligated to give any notice under any Hazardous Waste Law, Tenant agrees to forward to Landlord a copy of any such notice within three (3) business days of Tenant's receipt or transmittal thereof. In addition, Tenant shall execute affidavits, representations and the Commencement Date which have not been remedied like from time to time at Landlord's request concerning Tenant's best knowledge or belief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in fullthe manner provided in Section 6.1.7 of this Lease from any release of hazardous substances or materials if caused by Tenant or persons acting under Tenant on the Premises or in the Building or on the Lot. Notwithstanding anything Landlord retains the right to inspect the contrary contained hereinPremises at all reasonable times, in no event upon reasonable notice to Tenant, to ensure compliance with this paragraph. The within covenants shall Tenant be responsible for conditions survive the expiration or earlier termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.Term,

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (defined below) to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises without the specific prior written consent of Landlord and subject to the provisions of this Section. Landlord shall take into account such factors as Landlord considers relevant in determining whether to grant or withhold consent to Tenant’s proposed Hazardous Material. No installation or use of storage tanks is permitted on the Premises. Tenant shall immediately notify Landlord of any hazardous contamination of the Premises. Landlord may elect to test the Premises for the presence of Hazardous Materials at any time during the Term and after Tenant vacates the Premises. If any such testing indicates the presence of Hazardous Materials, and if Tenant brought Hazardous Materials of that type into the Premises, Tenant shall immediately reimburse Landlord for all costs incurred in the testing and the clean-up. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste, including any substances included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local regulations, including petroleum-based products, asbestos, PCBs and similar compounds. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, penalties (civil and criminal) imposed by any governmental authority with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials, in or about the Project and any Hazardous Materials brought into the Premises during the Term. Tenant shall indemnify, defend and save Landlord and Landlord’s mortgagees harmless from any and all costs and penalties arising in connection with Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials. Landlord acknowledges Tenant will utilize hazardous materials in the premises (as identified on Exhibit F) and Tenant shall comply with all Hazardous Materials Lawsapplicable federal, except for any items set forth state or local regulations and shall provide Landlord with evidence of such and a copy of their hazardous waste disposal contract. Landlord acknowledges that the materials identified on Exhibit “D”Fare subject to change. If any Environmental Activities occur or Tenant agrees to notify Landlord and provide an updated list in the event there are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem significant changes to the satisfaction of Landlord materials used and all applicable governmental authorities, stored in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials in, on or about the Project: A. Except as otherwise permitted pursuant to Section 7.2C below, any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s use Agents after the Effective Date in or about the Project is strictly prohibited. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord and hold harmless Landlord from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the Premises shall comply with all Hazardous Materials Lawsuse, except for any items set forth on Exhibit “D”. If any Environmental Activities occur storage, treatment, transportation, release, or are suspected to have occurred in violation disposal of any Hazardous Materials Laws on or about the Project caused or permitted by Tenant during or Tenant’s Agents. B. If the Term or if Tenant has received notice presence of any Hazardous Materials Claim against any portion of in, on or about the Premises as a result of Project caused or permitted by Tenant or Tenant’s acts Agents results in contamination or omissions during deterioration of water or soil resulting in a level of contamination greater than the Termlevels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly obtain take any and all permits and approvals action necessary to remedy investigate and remediate such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Project or any part thereof. Tenant shall further be solely responsible for, and shall defend indemnify and hold Landlord and its Agents harmless from and against, all claims, costs and liabilities, including, without limitation, attorneys’ fees and costs, arising out of or in connection with any investigation and remediation required hereunder to return the Project to its condition existing prior to the appearance of such actual or suspected problem through the removal Hazardous Materials. C. Tenant shall give written notice to Landlord as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials or otherwisewhich relates to the Project, and upon Landlord’s approval (ii) any contamination of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Project by Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in which constitutes a violation of any Hazardous Materials Laws; (b) any . Tenant may use small quantities of household chemicals such as adhesives, lubricants and cleaning fluids in order to conduct its business at the Premises and such other Hazardous Materials Claims against Tenant or any portion as are reasonably necessary for the operation of Tenant’s business of which Landlord receives notice prior to such Hazardous Materials being brought onto the Premises and which Landlord consents in writing may be brought onto the Premises; (c) any remedial action taken by Tenant in response to any . Any such permitted use of Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will shall be exposed to Hazardous Materials; and (e) all communications to or from undertaken by Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s its sole cost and expense expense, in strict compliance with all Laws (including, without limitation, Landlord’s reasonable attorneys’ fees and costsHazardous Materials Laws), including, without limitation, the construction of any capital improvements that may be required by reason of such use of Hazardous Materials. At any time during the Lease Term, Tenant shall within five (5) and with counsel chosen by days after written request therefore received from Landlord, to join and participate disclose in writing all Hazardous Materials that are being used by Tenant in, as a party if it so electson or about the Project, any legal proceedings or actions initiated in connection with any the nature of such use, and the manner of storage and disposal. D. Landlord may cause testing xxxxx to be installed on the Project, and may cause the ground water to be tested to detect the presence of Hazardous Materials Claimsby the use of such tests as are then customarily used for such purposes. If Tenant so requests, Landlord represents shall supply Tenant with copies of such test results. The cost of such tests and warrants of the installation, maintenance, repair and replacement of such xxxxx shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant that: pursuant to its indemnity given in Section 7.2A and/or Section 7.2B. E. As used herein, the term “Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States government. The term “Hazardous Materials” includes, without limitation, petroleum products, asbestos, PCB’s, and any material or substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Landlord’s knowledge, there are not pending claims or causes Article 11 of action arising out or relating to the Facility or the Premises as Title 22 of the Commencement Date; and California Administrative Code, Division 4, Chapter 20, (ii) deemed as a “hazardous waste” pursuant to Landlord’s knowledgeSection 1004 of the Federal Resource Conservation and Recovery Act, no 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Activities in violation Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law(s)” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises in violation of any Hazardous Materials Law, the Term shall be automatically extended and this Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to, but not earlier than, the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant shall not cause or permit (i) any Hazardous Materials to be brought into the Real Property, (ii) the storage or use of Hazardous Materials in or about the Premises and/or the Real Property, or (iii) the escape, disposal or release of any Hazardous Materials within or in the vicinity of the Real Property. Nothing herein shall be deemed to prevent Tenant’s use of any Hazardous Materials customarily used in the ordinary course of office work, provided such use is in accordance with all Requirements. Tenant shall be responsible, at its expense, for all matters directly or indirectly based on, or arising or resulting from the presence of Hazardous Materials in, on or under the Real Property which is caused or permitted by a Tenant Party. Tenant shall provide to Landlord copies of all communications received by Tenant with respect to any Requirements relating to Hazardous Materials, and/or any claims made in connection therewith. Landlord or its agents may perform environmental inspections of the Premises at any time and from time-to-time, at the cost and expense of Landlord; provided, however, that if any such inspection shall reveal that any Hazardous Materials have been released on or upon the Real Property or any portion thereof by a Tenant Party, then Tenant shall reimburse Landlord for the reasonable out-of-pocket, cost of any such inspections within thirty (30) days after delivery to Tenant of Landlord’s invoice therefor, accompanied by copies of third-party invoices evidencing the amount of such expense. If at any time during the Term hereof any Hazardous Materials is discovered in the Premises (or in the Building, which affects Tenant’s use of the Premises shall comply with all Premises), which Hazardous Materials Lawswere not brought upon the Premises and/or the Building by Tenant, any of its subtenant(s) or any of its or their agents, contractors, or employees, then Landlord shall remove and remediate such Hazardous Materials and Tenant shall be entitled to a Rent abatement hereunder for any period that (a) Tenant is prevented from prosecuting the construction of the Initial Improvements or (b) Tenant is unable to occupy the Premises (or portion thereof), in either such case, on account of such Hazardous Materials and such removal or remediation. Landlord represents to Tenant that, except for any items set forth on Exhibit as disclosed in that certain report entitled “D”. If any Principal Real Estate Investors Phase I Environmental Activities occur or are suspected Site Assessment, Xxxxxxx Park I and Xxxxxxx Xxxx XX, Cambridge, Massachusetts, dated December 2004, and prepared by Gannett Xxxxxxx” a copy of which has been delivered to have occurred in violation Tenant, Landlord has no actual knowledge of the release of any Hazardous Materials Laws by Tenant during on the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities Real Property in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant applicable Requirements. As used above in this Section 8.1(b), the term “actual knowledge” or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onsimilar term, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantshall mean, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion Landlord, the actual knowledge of Xx. Xxxxxx Xxxxxxx or Ms. Xxxxxx Xxxxxx, each employed, as of the PremisesEffective Date, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitationby Xxxxx Lang LaSalle, Landlord’s reasonable attorneys’ fees and costs) managing agent for and with counsel chosen by Landlordrespect to the Real Property, to join and participate in, as a party if it so elects, the knowledge of any legal proceedings other person or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) persons or entities shall not be attributed to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s The Borrower and its Subsidiary Entities have caused Phase I and the other environmental assessments as set forth in Schedule 4.15 to be conducted or have taken other steps to investigate the past and present environmental condition and use of the Premises shall comply with all Hazardous Materials LawsMortgaged Property. Based on such investigation, except as otherwise disclosed in the assessments listed on Schedule 4.15: (1) during the period of ownership of any Mortgaged Property by any Operating Company Entity, such Mortgaged Property (or any portion thereof) has not been used for the purpose of, or in any items set forth on Exhibit “D”. If any Environmental Activities occur way involving, the handling, manufacture, treatment, storage, use, generation, release, discharge, refining, dumping or are suspected to have occurred in violation disposal of any Hazardous Materials Laws by Tenant during on, under, in or about the Term Mortgaged Property, or if Tenant has received notice of transporting any Hazardous Materials Claim against any portion of to, from or across the Premises as a result of Tenant’s acts or omissions during the TermMortgaged Property, Tenant shall promptly obtain except in all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, cases in accordance material compliance with all Hazardous Materials Laws and only in the course of legitimate business operations at the Mortgaged Property, and to the Borrower’s Knowledge, (a) no such use occurred at any time prior to the period of ownership of such Mortgaged Property by any Operating Company Entity, and (b) no such use has occurred on any property adjacent to such Mortgaged Property at any time prior to the date hereof; (2) the Operating Company Entities have obtained all material environmental, health and safety permits and licenses necessary for their respective operations, and all such permits are in good business practices. During standing and the Termholder of each such permit is currently in compliance with all terms and conditions of such permits; (3) none of the Mortgaged Property is listed or proposed for listing on the National Priorities List (“NPL”) pursuant to CERCLA or on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar applicable state list of sites requiring remedial action under any Hazardous Materials Laws; (3) none of the Operating Company Entities has sent or directly arranged for the transport of any hazardous waste to any site listed or proposed for listing on the NPL, Tenant shall immediately advise Landlord CERCLIS or any similar state list; and (4) to the Borrower’s Knowledge, there is not now on or in writing ofany Mortgaged Property: (a) any Environmental Activities landfill or surface impoundment; (b) any underground storage tanks; (c) any asbestos-containing material; or (d) any polychlorinated biphenyls (PCB), which in the case of any of clauses (a) through (d) could reasonably result in a violation of any Hazardous Materials Laws; . Except as set forth in the environmental reports and studies delivered to the Administrative Agent prior to the date hereof, (bi) any to Borrower’s Knowledge, no Hazardous Materials Claims against Tenant are presently constructed, deposited, stored, or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials otherwise located on, under under, in or about any portion of the Premises Mortgaged Property except in violation of any material compliance with Hazardous Materials Laws; (dii) Tenantto Borrower’s discovery Knowledge, no Hazardous Materials have migrated from the Mortgaged Property upon or beneath other properties which would reasonably be expected to result in material liability for Borrower or any of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materialsits Subsidiary Entities; and (eiii) all communications to or from TenantBorrower’s Knowledge, any governmental authority or any other Person relating to no Hazardous Materials Laws have migrated or Hazardous Materials Claims with respect threaten to any portion of migrate from other properties upon, about or beneath the Premises, including copies thereof. Landlord shall have the right, and except Mortgaged Property which would reasonably be expected to result in material liability for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings Borrower or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseits Subsidiary Entities.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items Except as set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermEXHIBIT 4.16 hereto, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there the operations of each Loan Party are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Datein material compliance with all Environmental Laws; and (ii) to Landlord’s the best of each Loan Party's knowledge, there has been no Release at any of the properties owned or operated by any Loan Party or a predecessor in interest, or at any disposal or treatment facility which received Hazardous Materials generated by any Loan Party or any predecessor in interest which is reasonably likely to have a Material Adverse Effect; (iii) no Environmental Action has been asserted against any Loan Party or any predecessor in interest nor does any Loan Party have knowledge or notice of any threatened or pending Environmental Action against any Loan Party or any predecessor in interest which is reasonably likely to have a Material Adverse Effect; (iv) no Loan Party has knowledge of any Environmental Actions that have been asserted against any facilities that may have received Hazardous Materials generated by any Loan Party or any predecessor in interest which are reasonably likely to have a Material Adverse Effect; (v) to the best of such Loan Party's knowledge, no Environmental Activities in violation of property now or formerly owned or operated by a Loan Party has been used as a treatment or disposal site for any Hazardous Materials Laws have occurred prior Material; (vi) no Loan Party has failed to report to the Commencement Date proper Governmental Authority any Release which is required to be so reported by any Environmental Laws which is reasonably likely to have a Material Adverse Effect; (vii) each Loan Party holds all licenses, permits and approvals required under any Environmental Laws in connection with the operation of the business carried on by it, except for such licenses, permits and approvals as to which a Loan Party's failure to maintain or comply with is not been remedied reasonably likely to have a Material Adverse Effect; and (viii) no Loan Party has received any notification pursuant to any Environmental Laws that (A) any work, repairs, construction or Capital Expenditures are required to be made in full. Notwithstanding anything respect as a condition of continued compliance with any Environmental Laws, or any license, permit or approval issued pursuant thereto or (B) any license, permit or approval referred to the contrary contained hereinabove is about to be reviewed, made, subject to limitations or conditions, revoked, withdrawn or terminated, in no event shall Tenant be responsible for conditions of the Premises in existence prior each case, except as is not reasonably likely to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensehave a Material Adverse Effect.

Hazardous Materials. Tenant’s use of Within thirty (30) Business Days after request by the Premises Administrative Agent, each Loan Party shall comply with provide to the Administrative Agent written information regarding all Hazardous Materials Lawsthat are used, except for any items set forth on Exhibit “D”generated, transported, stored or disposed of by the Loan Party, in reportable quantities. If any Loan Party should commence the use, treatment, transportation, generation, storage, or disposal of any Hazardous Substance in reportable quantities in its operations in addition to those noted in such information, such Loan Party shall immediately notify the Administrative Agent of the commencement of such activity with respect to each such Hazardous Substance within thirty (30) Business Days of commencing such activity. Each Loan Party shall cause any Hazardous Materials which are now or may hereafter be used or generated in the operations of the Loan Party in reportable quantities to be accounted for and disposed of in compliance with all Environmental Activities occur Laws and other applicable federal, state and local laws and regulations. No Loan Party shall allow or are suspected permit to have occurred in violation continue the release or threatened release of any Hazardous Materials Laws on any premises owned or occupied by Tenant during or under lease to the Term Loan Party. Each Loan Party shall notify the Administrative Agent within five (5) Business Days after obtaining knowledge of any of the events described below and shall, simultaneously with providing such notice, provide the Administrative Agent with copies of any correspondence regarding such event: (i) any premises which have at any time been owned or if Tenant has received notice occupied by or have been under lease to the Loan Party are the subject of an environmental investigation by any federal, state or local governmental agency having jurisdiction over the regulation of any Hazardous Materials, the purpose of which investigation is to quantify the levels of Hazardous Materials Claim against located on such premises; (ii) the Loan Party has been named or is threatened to be named as a party responsible for the possible contamination of any portion real property or ground water with Hazardous Materials, including, but not limited to the contamination of past and present waste disposal sites; or (iii) any notice or claim to the Premises effect that any Borrower or any of its Subsidiaries is or may be liable to any Person as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy release by any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantBorrower, any governmental authority of its Subsidiaries, or any other Person relating to Hazardous Materials Laws of any toxic or Hazardous Materials Claims with respect to any portion of hazardous waste or substance into the Premises, including copies thereof. Landlord shall have the rightenvironment, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingnotice alleging any violation of any federal, without limitationstate or local environmental, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen health or safety law or regulation by Landlordany Borrower or any of its Subsidiaries, which, in either case, could reasonably be expected to join and participate in, as have a party if it so elects, Material Adverse Effect. If any legal proceedings or actions initiated Loan Party is notified of any event described in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) above, such Loan Party shall within thirty (30) Business Days of such notice engage a firm or firms of engineers or environmental consultants appropriately qualified to Landlord’s knowledgedetermine as quickly as practical the extent of contamination and the potential financial liability of the Loan Party with respect thereto, no Environmental Activities in violation and the Administrative Agent shall be provided with a copy of any Hazardous Materials Laws have occurred prior report prepared by such firm or by any governmental agency as to such matters as soon as any such report becomes available to the Commencement Date which have not been remedied Loan Party, and the Loan Party shall immediately establish reserves in fullthe amount of the potential financial liability of the Loan Party identified by such environmental consultants or engineers. Notwithstanding anything The selection of any engineers or environmental consultants engaged pursuant to the contrary contained herein, in no event requirements of this Section 5.15 shall Tenant be responsible for conditions subject to the approval of the Premises Administrative Agent, which approval shall not be unreasonably withheld. Each Loan Party shall provide an adequate reserve for the payment of all potential financial liability not covered by insurance upon the occurrence of any event described in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Section 5.15.

Hazardous Materials. (a) As used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively “Environmental Laws”) or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent property. (b) Tenant agrees that during its use and occupancy of the Premises it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant’s business and that it will comply with all Environmental Laws relating to the use, storage or disposal of any such Hazardous Materials. (c) If Tenant’s use of Hazardous Materials on or about the Premises shall comply with all Hazardous Materials Lawsresults in a release, except for any items set forth on Exhibit “D”. If any Environmental Activities occur discharge or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials on, in, at, under, or otherwiseemanating from, and upon Landlord’s approval of the remediation planPremises or the property in which the Premises are located, remedy any Tenant agrees to investigate, clean up, remove or remediate such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion value of the Premises or the property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of which the Premises that materially increase are located. Landlord shall also have the risk that any portion of right, but not the Premises will be exposed obligation, to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect the value of the Premises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of such right shall be payable by Tenant upon demand. (d) Upon reasonable notice to Tenant, Landlord may inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord’s part to inspect the Premises, including copies thereof. or liability on the part of Landlord for Tenant’s use, storage or disposal of Hazardous Materials, it being understood that Tenant shall have be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the rightPremises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and except for in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, losses (including, without limitation, Landlordloss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorney’s reasonable attorneys’ fees and costsfees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to LandlordTenant’s knowledge, no Environmental Activities in violation breach of any Hazardous Materials Laws have occurred prior to provision of this Section. (g) The provisions of this Section shall survive the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or earlier termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant shall not cause or permit any Hazardous Material (defined below) to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises without the specific prior written consent of Landlord and subject to the provisions of this Section. Landlord shall take into account such factors as Landlord considers relevant in determining whether to grant or withhold consent to Tenant’s proposed Hazardous Material. No installation or use of storage tanks is permitted on the Premises. Tenant shall immediately notify Landlord of any hazardous contamination of the Premises. Landlord may elect to test the Premises shall comply with all for the presence of Hazardous Materials Laws, except for at any items set forth on Exhibit “D”time during the Term and after Tenant vacates the Premises. If any Environmental Activities occur or are suspected to have occurred in violation such testing indicates the presence of any Hazardous Materials, and if Tenant brought Hazardous Materials Laws by Tenant during of that type into the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the TermPremises, Tenant shall immediately advise reimburse Landlord for all costs incurred in writing of: the testing and the clean-up. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste, including any substances included in the definition of “hazardous substances.” “hazardous wastes,” “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local regulations, including petroleum-based products, asbestos. PCBs and similar compounds. Tenant shall be fully and completely liable to Landlord for any and all cleanup costs, and any and all other charges, penalties (acivil and criminal) imposed by any Environmental Activities governmental authority’ with respect to Tenant’s use, disposal, transportation, generation and/or sale of Hazardous Materials, in violation of or about the Project and any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of brought into the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in during the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; Term. Tenant shall indemnify, defend and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. save Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees mortgagees harmless from any and costs) all costs and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated penalties arising in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to LandlordTenant’s knowledgeuse, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledgedisposal, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereintransportation, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal generation and/or sale of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Tenant’s use a. As used herein, the terms “Environmental Laws,” “Hazardous Materials,” and “Hazardous Material Activities” shall have the same meanings as identified on Exhibit C, which is incorporated herein in its entirety by this reference. b. Subtenant shall conduct any and all of its Hazardous Materials Activities on the Premises and Sublease Premises in compliance with the provisions of the Premises shall Master Lease and all applicable Environmental Laws. c. Subtenant shall, at its own expense, procure, maintain in effect and comply with all conditions of any and all environmental permits, licenses, certificates, authorizations, or approvals required under any Environmental Laws for any Hazardous Materials LawsActivities at the Premises or Sublease Premises by Subtenant (“Environmental Approvals”). d. Sublandlord and Subtenant each shall deliver promptly to the other any notices, except for orders, or similar documents received from any items set forth on Exhibit “D”. If governmental agency or official or third party concerning any Environmental Activities occur or are suspected to have occurred in alleged violation of any Hazardous Materials Laws Environmental Law. Upon having knowledge thereof, Sublandlord and Subtenant each shall promptly provide notice to the other party of: i. any regulatory action that has been instituted, or threatened by Tenant during the Term any governmental agency or if Tenant has received notice of any Hazardous Materials Claim against any portion of court with respect to the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response Sublease Premises that relates to any Hazardous Materials Claims or Activities; ii. any claim relating to any Hazardous Materials Activities at the Premises; or Sublease Premises; or iii. any actual or threatened material release on, under or about any portion of the Premises in violation or Sublease Premises of any Hazardous Materials Material(s), except any Hazardous Material(s) whose discharge or emission is expressly authorized by and in compliance with an Environmental Approval issued by a federal, state, regional or local governmental agency pursuant to Environmental Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant. e. Subtenant shall indemnify, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the righthold harmless, and except for defend Sublandlord from and against any items noted on Exhibit “D” at Tenant’s sole cost liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expense expenses (including, without limitation, attorneys’, experts’ and consultants’ fees, costs of investigation, and feasibility studies), fines, penalties, and monetary sanctions or interest which are incurred at any time related directly or indirectly to Hazardous Materials Activities of Subtenant or its employees, agents, contractors or invitees on or about the Premises or Sublease Premises, except to the extent any of the foregoing is caused by the negligence or willful misconduct of Sublandlord or Master Landlord’s . f. Sublandlord shall indemnify, hold harmless, and defend Subtenant from and against any liabilities, claims, demands, obligations, responsibilities, losses, damages (whether punitive or consequential), charges, costs and expenses (including, without limitation, reasonable attorneys’, experts’ fees and costs) consultants’ fees, costs of investigation, and with counsel chosen by Landlordfeasibility studies), fines, penalties, and monetary sanctions or interest which are related directly or indirectly to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeActivities of Sublandlord or its employees, there are not pending claims agents, contractors or causes of action arising out invitees on or relating about the Premises or Sublease Premises, except to the Facility or the Premises as extent any of the Commencement Date; foregoing is caused by the Subtenant or Master Landlord. g. The provisions of Sections 15.e and (ii) to Landlord’s knowledge, no Environmental Activities in violation 15.f shall survive the expiration or earlier termination of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Sublease.

Hazardous Materials. a. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used on or about the Premises by Tenant, its agents, employees, contractors or invitees (including, but not limited to, members of the public) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and unlimited discretion. Should Landlord consent to the presence of Hazardous Material on the Premises, Tenant must demonstrate to Landlord’s reasonable satisfaction that such Hazardous Material is necessary for Tenant’s use business and will be used, stored and disposed of the Premises shall comply in a manner that complies with all laws regulating such Hazardous Materials Laws, except for any items set forth on Exhibit “D”Material. If any Environmental Activities occur or are suspected Tenant breaches the obligations demonstrated to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all the preceding provision, or if the presence of Hazardous Materials Laws and good business practices. During Material on the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Premises caused or any portion of the Premises; (c) any remedial action taken permitted by Tenant results in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion contamination of the Premises, including or if contamination of the Premises by Hazardous Material otherwise occurs for which Tenant is responsible, then Tenant shall promptly forward to Landlord copies thereof. Landlord shall have of all orders, notices, communications and reports related to the rightrelease, discharge, spill, escape or emission which resulted in such contamination, and except for Tenant shall indemnify, defend and hold Landlord harmless from any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, Landlord’s reasonable diminution in value of the Premises, damages for the loss of or restriction on the use of rentable or usable space or any amenity of the Premises, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorneys’ fees, consultant fees and costsexpert fees) and with counsel chosen by Landlord, to join and participate in, which arise during or after the Lease term as a party if it so electsresult of such contamination. This indemnification of Landlord by Tenant includes, any legal proceedings or actions initiated without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials ClaimsMaterial present in the soil or ground water on or under the Premises. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeWithout limiting the foregoing, there are not pending claims or causes of action arising out or relating to if the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation presence of any Hazardous Materials Laws have occurred Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the Commencement Date which have not been remedied in fullintroduction of such Hazardous Material. Notwithstanding anything to The foregoing indemnity shall survive the contrary contained expiration or termination of this Lease. b. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials and wastes listed in no event shall Tenant be responsible for conditions the United States Department of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Transportation Hazardous Materials at Landlord’s sole cost Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302) and expenseamendments thereto, or such substances, materials and wastes that are or become regulated under any applicable local, state or federal law.

Hazardous Materials. TenantSublessee’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant Sublessee during the Term or if Tenant Sublessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantSublessee’s acts or omissions during the Term, Tenant Sublessee shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon LandlordSublessor’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord Sublessor and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant Sublessee shall immediately promptly advise Landlord Sublessor in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Sublessee or any portion of the Premises; (c) any remedial action taken by Tenant Sublessee in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) TenantSublessee’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantSublessee, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Sublessor shall have the right, and except for any items noted on Exhibit “D” at TenantSublessee’s sole cost and expense (including, without limitation, LandlordSublessor’s reasonable attorneys’ fees and costs) and with counsel chosen by LandlordSublessor, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord Sublessor represents and warrants to Tenant that: (i) Sublessee that to LandlordSublessor’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s The Borrower Parties and the Macerich Core Entities have caused Phase I and the other environmental assessments as set forth in Schedule 6.15 to be conducted or have taken other steps to investigate the past and present environmental condition and use of their regional Retail Properties (as used in this Section 6.15 and Section 7.9, the Premises shall comply “Designated Environmental Properties”). Based on such investigation, except as otherwise disclosed in the Reports listed on Schedule 6.15, to the best knowledge of the Borrower and MAC: (1) no Hazardous Materials have been discharged, disposed of, or otherwise released on, under, or from the Designated Environmental Properties so as to be reasonably expected to result in a violation of Hazardous Materials Laws and a material adverse effect to such Environmental Property or the owner thereof; (2) the owners of the Designated Environmental Properties have obtained all material environmental, health and safety permits and licenses necessary for their respective operations, and all such permits are in good standing and the holder of each such permit is currently in compliance with all terms and conditions of such permits, except to the extent the failure to obtain such permits or comply therewith is not reasonably expected to result in a Material Adverse Effect or any material violation of Hazardous Materials Laws or in a material adverse effect to such Environmental Property or the owner thereof; (3) none of the Designated Environmental Properties is listed or proposed for listing on the National Priorities List (“NPL”) pursuant to CERCLA or on the Comprehensive Environmental Response Compensation Liability Information System List (“CERCLIS”) or any similar applicable state list of sites requiring remedial action under any Hazardous Materials Laws; (4) none of the owners of the Designated Environmental Properties has sent or directly arranged for the transport of any hazardous waste to any site listed or proposed for listing on the NPL, except for CERCLIS or any items set forth similar state list; (5) there is not now on Exhibit “D”. If or in any Environmental Activities occur Property: (a) any landfill or are suspected to have occurred surface impoundment; (b) any underground storage tanks; (c) any asbestos-containing material; or (d) any polychlorinated biphenyls (PCB), which in the case of any of clauses (a) through (d) could reasonably result in a violation of any Hazardous Materials Laws by Tenant during and a material adverse effect to such Environmental Property or the Term or if Tenant owner thereof; (6) no environmental Lien has received notice of attached to any Hazardous Materials Claim against any portion of Designated Environmental Properties; and (7) no other event has occurred with respect to the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal presence of Hazardous Materials on or otherwise, and upon Landlord’s approval under any of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Properties of the Premises; (c) any remedial action taken by Tenant Borrower Parties or the Macerich Core Entities, which would reasonably be expected to result in response to any Hazardous Materials Claims or any Hazardous Materials ona Material Adverse Effect. Notwithstanding the foregoing, under or about any portion on the Closing Date all of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will representations set forth above shall be exposed to Hazardous Materials; true and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims correct with respect to any portion all Properties of the Premises, including copies thereof. Landlord shall have Borrower Parties and the right, Macerich Core Entities (and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to only the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Designated Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseProperties).

Hazardous Materials. Tenant’s use 8.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermPremises by a Tenant Party, then Tenant shall promptly obtain indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Premises. Without limiting the foregoing, if the presence of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence in, on, under or condition on or in about the vicinity of Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord's written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property. Tenant's obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. 8.2. Landlord acknowledges that it is not the intent of this Section 8 to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant's industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any environmental Applicable Laws in the risk that any portion form of a Tier II form pursuant to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (or any successor statute) or any other form reasonably requested by Landlord, (b) a list of any and all approvals or permits from governmental authorities required in connection with the presence of such Hazardous Material at the Premises will be exposed and (c) correct and complete copies of notices of violations of Applicable Laws related to Hazardous Materials (collectively, "Hazardous Materials Documents"). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless (m) there are any changes to the Hazardous Materials Documents or (n) Tenant initiates any Tenant Improvements or Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials; . In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord's review into Tenant's Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant's or other tenants' use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. 8.3. Tenant represents and warrants to Landlord that Tenant is not, nor has it been, in connection with the use, disposal or storage of Hazardous Materials, (ea) all communications subject to or from Tenant, a material enforcement order issued by any governmental authority or (b) required to take any other Person relating remedial action. 8.4. At any time, and from time to Hazardous Materials Laws or Hazardous Materials Claims with respect time, prior to any portion the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions conduct appropriate tests of the Premises in existence prior or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the Commencement Dateacts or omissions of a Tenant Party, andthe cost of which shall be an Operating Expense. 8.5. If underground or other storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required by law, under the Applicable Laws. 8.6. Tenant shall promptly report to Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 8.7. Tenant's obligations under this Section 8 shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Section 4. 8.8. As used herein, the term "Hazardous Material" means any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any governmental authority.

Hazardous Materials. Tenant’s use Leased Property. ------------------------------------- (i) To the best knowledge of the Premises shall comply Lessee, except as described in the Environmental Audit, on the Closing Date, there are no Hazardous Materials present at, upon, under or within such Leased Property or released or transported to or from such Leased Property (except in compliance in all material respects with all Hazardous Materials LawsApplicable Law). (ii) On the Closing Date, except for no Governmental Actions have been taken or, to the best knowledge of the Lessee, are in process or have been threatened, which could reasonably be expected to subject such Leased Property, any items set forth on Exhibit “D”. If Lender or the Lessor to any Claims or Liens with respect to such Leased Property under any Environmental Activities occur Law which would have a material adverse effect, or are suspected to would have occurred in violation of a Material Adverse Effect on the Lessor or any Hazardous Materials Laws Lender. (iii) The Lessee has, or will obtain on or before the date required by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermApplicable Law, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwiseLeased Property, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesif any, in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Term, Tenant shall immediately advise Landlord extent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) Except as set forth in the Environmental Audit or in any notice subsequently furnished by the Lessee to the Agent and approved by the Agent in writing of: (a) prior to the respective times that the representations and warranties contained herein are made or deemed made hereunder, no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Governmental Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Law. To the best knowledge of the Premises; (c) any remedial action taken by Tenant in response Lessee, no material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion thereof are presently in compliance in all material respects with all Environmental Laws, and, to the best knowledge of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeLessee, there are not pending claims no present or causes past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including without limitation the release or presence of action arising out Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a material Claim against the Leased Property, any Funding Party or the Lessee, (B) cause the Leased Property to be subject to any material restrictions on ownership, occupancy, use or transferability under any Environmental Law, (C) require the filing or recording of any notice or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located, or (D) prevent or materially interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use (a) Contractor hereby specifically agrees to indemnify, defend and hold District, their present and future Board members, administrators, employees, agents, representatives, successors and assigns harmless from and against any and all losses, liabilities, claims, demands, damages, causes of action, fines, penalties, costs and expenses (including, but not limited to, all reasonable consulting, engineering, attorneys’ or other professional fees), that they may incur or suffer by reason of: (i) any release of a Hazardous Material brought on to the Premises shall comply with all Site by Contractor, or any pre-existing Hazardous Materials Lawsthat, except for through Contractor’s sole negligence, are released or disturbed at the Site; (ii) any items set forth on Exhibit “D”. If enforcement or compliance proceeding commenced by or in the name of any Environmental Activities occur Governmental Authority because of an alleged, threatened or are suspected to have occurred in actual violation of any Hazardous Materials Laws Applicable Law by Tenant during the Term or if Tenant has received notice of Contractor; and (iii) any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals action reasonably necessary to remedy any such actual xxxxx, remediate or suspected problem through the removal of Hazardous Materials prevent a violation or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in threatened violation of any Hazardous Materials Laws; Applicable Law by Contractor. (b) District hereby specifically agrees to indemnify, defend and hold Contractor, its present and future direct or indirect parents, subsidiaries, affiliates, divisions, and their respective directors, officers, employees, shareholders, agents, representatives, successors and assigns harmless from and against any and all losses, liabilities, claims, demands, damages, causes of action, fines, penalties, costs and expenses (including, but not limited to, all reasonable consulting, engineering, attorneys’ or other professional fees), that they may incur or suffer by reason of: (i) any release of a Hazardous Materials Claims against Tenant Material brought on to the Site by District, District Representative, or any portion pre-existing Hazardous Material that through District’s sole negligence, are released or distributed at the Site, with the exception of pre- existing Hazardous Material released or disturbed at the Premises; Site through Contractor’s negligence; (cii) any remedial action taken enforcement or compliance proceeding commenced by Tenant or in response to the name of any Hazardous Materials Claims Governmental Authority because of an alleged, threatened or any Hazardous Materials on, under or about any portion of the Premises in actual violation of any Hazardous Materials LawsApplicable Law by District or District Representative; and (diii) Tenant’s discovery of any occurrence action reasonably necessary to xxxxx, remediate or condition on prevent a violation or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in threatened violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required Applicable Law by law, Landlord hereby agrees to remedy any such actual District or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseDistrict Representative.

Hazardous Materials. As used in this Lease, the term “Hazardous Material” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including any substance defined as or included in the definition of “hazardous substances”, “hazardous wastes”, “hazardous materials” or “toxic substances” now or subsequently regulated under any applicable federal, state or local laws or regulations, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, PCBs and similar compounds, and including any different products and materials which are subsequently found to have adverse effects on the environment or the health and safety of persons. Tenant shall not cause or permit any Hazardous Material to be generated, produced, brought upon, used, stored, treated or disposed of in or about the Premises by Tenant, its agents, employees, contractors, sublessees or invitees without the prior written consent of Landlord; provided, however, Tenant shall be allowed to store and use nominal amounts of commercially available cleaning and standard office products without the consent of Landlord. For other than such products, Tenant shall provide Landlord with ten (10) days advance written notice, setting forth an itemization of all such Hazardous Materials, with a detailed description thereof, and the intended volume, location and use of such Materials at the Premises, prior to the use or allowance of any other products, materials or substances which are Hazardous Materials as defined above or which have or may have adverse effects on the environment or the health and safety of persons. Landlord shall be entitled to take into account such other factors or facts as Landlord reasonably deems to be relevant in determining whether to grant or withhold consent to Tenant’s proposed activity with respect to Hazardous Material. In no event, however, shall Landlord be required to consent to the installation or use of any storage tanks in or on the Premises. Tenant shall have no obligation to investigate or remediate any Hazardous Materials located in or as part of the base building as of the Commencement Date or in any areas of the Project located outside the Premises that were not placed thereon or therein, or damaged, exacerbated (but only to the extent exacerbated) or disturbed by Tenant or any of Tenant’s agents, contractors, employees, licensees or invitees. Landlord covenants that during the Lease Term, Landlord shall not cause any Hazardous Materials to be introduced in, on or under the Project by Landlord, its agents, employees or contractors in violation of applicable laws in effect at the time of such introduction and Landlord shall comply with all applicable laws with respect to Hazardous Materials Lawsin accordance with, except for any items set forth on Exhibit “D”and as required by, the terms of this Lease. If any Environmental Activities occur or are suspected to have occurred in violation In addition, Operating Expenses shall not include the cost of remediation of any Hazardous Materials Laws by Tenant during to the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extent (A) existing on those portions of the Premises Project owned by Landlord as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction date of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities execution of this Lease in violation of applicable laws at such time (including asbestos), (B) resulting from asbestos, and/or (C) not caused by Tenant or its agents, contractors, employees, licensees or invitees. For purposes hereof, “costs of remediation” shall mean the costs associated with the investigation, testing, monitoring, containment, removal, remediation, cleanup and/or abatement of any release of any such Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or described in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed immediately preceding sentence as necessary to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection comply with any Hazardous Materials Claimsapplicable laws. Landlord represents and warrants to Tenant that: (i) Tenant, to the best of Landlord’s knowledge, there that the Premises and Project are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior applicable laws relating to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expenseMaterials.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of any Hazardous Materials on the Premises: (1) Any handling, transportation, storage treatment, disposal or use of Hazardous Materials by Tenant and Tenant’s agents after the Effective Date in or about the Premises shall comply in all material respects with all applicable Hazardous Materials Laws. Tenant shall not use any Hazardous Material (other than typical janitorial and office supplies) on the Premises, without Landlord’s prior written consent, and, if Tenant is permitted to use such additional Hazardous Materials it shall provide to Landlord copies of any annual or bi-annual inventory/level of usage reports maintained by Tenant or filed with applicable governmental authorities. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, penalties, fines, monetary sanctions, attorneys’ fees, experts’ fees, court costs, remediation costs, investigation costs, and other expenses to the extent resulting from the use, storage, treatment, transportation, release, or disposal of Hazardous Materials at the Premises by Tenant or Tenant’s agents after the Effective Date. Notwithstanding any other provision hereof, Tenant shall be sole responsible for the full cost of any Capital Improvement to the Premises required as a result of or arising from Tenant’s use of the Premises shall Hazardous Materials or to have Tenant’s activities comply with all Hazardous Materials Laws. (2) If the presence of Hazardous Materials on the Premises as a consequence of the release or emission by Tenant or Tenant’s agents of a Hazardous Material after the Effective Date results in contamination of the soil or groundwater of the Premises, except for then Tenant shall promptly take any items set forth and all action required by law to investigate and remediate such contamination. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord harmless from and against, all liabilities, actions, claims, expense of decontamination, investigation, recommendation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other costs to any nature, to the extent arising out of any such investigation and remediation required hereunder. (3) Landlord shall be solely responsible for, shall conform to all requirements of law and Private Restrictions regarding, and shall indemnify, defend, and hold harmless Tenant from and against all liabilities, actions, claims, expense of decontamination, investigation, remediation or removal of Hazardous Materials, and experts’ and attorneys’ fees and other of any costs of any nature, to the extent arising out of the presence of any Hazardous Material on Exhibit “D”or about the Premises (other than Hazardous Materials released, disposed of, stored, released, or emitted by Tenant or Tenant’s agents). If Landlord is not aware of the presence of any Hazardous Materials on or about the Premises as of the date of this Lease, other than as disclosed in the Phase I Environmental Activities occur or are suspected Assessment by Xxxxxx Associates dated November 9, 1999. (4) Landlord and Tenant shall each give written notice to have occurred in the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Premises, and (ii) any contamination of the Premises by Hazardous Materials which constitutes a violation of any Hazardous Materials Laws by Law. Tenant during may use small quantities of household chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct its business at the Term or if Tenant has received notice of any Premises and such other Hazardous Materials Claim against any portion of which are necessary to the Premises as a result operation of Tenant’s acts business and used in accordance with applicable laws or omissions Private Restrictions. At any time during the Lease Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseshall, and upon within five days after written request therefor received from Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, disclose in accordance with writing all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken that are being used by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightnature of such use, and except for the manner of their storage and disposal. (5) As used herein, the term “Hazardous Material,” means any items noted on Exhibit hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority, the State of California or the United States Government. The term “DHazardous Material,” at Tenant’s sole cost and expense (includingincludes, without limitation, Landlord’s reasonable attorneys’ fees petroleum products, asbestos, PCB’s, and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings material or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Landlord’s knowledge, there are not pending claims or causes Article 11 of action arising out or relating to the Facility or the Premises as Title 22 of the Commencement Date; and California Administrative Code, Division 4, Chapter 20, (ii) defined as a “hazardous waste” pursuant to Landlord’s knowledgeSection 1004 of the Federal Resource Conservation and Recovery Act, no 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or (iii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Activities in violation Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601). As used herein, the term “Hazardous Material Law” shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release, emission, or disposal of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial.

Hazardous Materials. TenantContamination. Borrower agrees to, (a) give notice to Lender immediately upon Borrower’s use acquiring knowledge of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation presence of any Hazardous Materials (other than those stored in compliance with applicable Laws and are in Borrower’s possession in the ordinary course of business) on any property owned or controlled by Tenant during the Term Borrower or if Tenant has received notice for which Borrower is responsible or of any Hazardous Materials Claim against contamination with a full description thereof for which remedial or corrective action is required; (b) promptly take action to comply with any portion Laws requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials contamination and provide Lender with satisfactory evidence of such action, which action must be in all respects sufficient to avoid any penalty, assessment or notice of non-compliance with any required remedial or corrective action on the Premises part of any Governmental Authority; (c) provide Lender, within 30 days after a demand by Lender, with a bond, letter of credit or similar financial assurance evidencing to Lender’s reasonable satisfaction that the necessary funds are available to pay the cost of removing, treating and disposing of Hazardous Materials or Hazardous Materials contamination identified to Lender under the terms of this Section and discharging any Lien which may be established as a result thereof on any property owned or controlled by Borrower or for which Borrower is responsible; and (d) defend, indemnify and hold harmless Lender and its employees, trustees, successors and assigns from any and all claims which may now or in the future (whether before or after the termination of this Agreement) be asserted as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation presence of any Hazardous Materials Laws; (b) on any property owned or controlled by Borrower for which Borrower is responsible for any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensecontamination.

Hazardous Materials. 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises in violation of Applicable Laws by Tenant or any of its employees, agents, contractors and invitees (collectively with Tenant’s use , each a “Tenant Party”). If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Premises, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder (other than if such contamination results from (i) migration of Hazardous Materials Laws, except for any items set forth from outside the Premises not caused by a Tenant Party or (ii) to the extent such contamination is caused by Landlord’s gross negligence or willful misconduct) or (d) contamination of the Premises occurs as a result of Hazardous Materials that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Premises by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Premises or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, (y) without duplicating damages under (w) and (x), damages arising from any adverse impact on marketing of space in the Premises or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Premises (collectively, “Investigation and Remediation Costs”). Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Premises, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Premises, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Premises, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Premises, any portion thereof or any adjacent property; provided, that Landlord will not withhold its consent if such action is mandated by Applicable Laws. Notwithstanding the foregoing, Landlord shall indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims (including Investigation and Remediation Costs) resulting from the presence of Hazardous Materials at the Premises in violation of any Applicable Laws as of the Execution Date, unless placed at the Premises by a Tenant Party, or the migration of Hazardous Materials Laws; (d) from the Premises to any adjacent property in violation of Applicable Laws prior to the Execution Date, unless caused by a Tenant Party. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s discovery industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises that is subject to regulation under any environmental Applicable Laws, (b) a list of any occurrence and all approvals or condition on permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials and (ii) plans relating to the installation of any storage tanks to be installed in, on, under or about the Premises (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Premises for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (l) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Premises, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 or 21.2, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question and such party has failed to timely commence such remedial action and prosecute the same to completion in accordance with its contractual requirements and Applicable Laws or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims and is not complying with such order, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Premises or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority or under any Applicable Law.

Hazardous Materials. Tenant(a) Tenant (i) will not conduct any activity on the Landlord’s Property that will use of the Premises shall comply with all or produce any Hazardous Materials LawsMaterials, except for such activities that are part of the ordinary course of Tenant’s business activities and conducted in accordance with all Environmental Laws; (ii) will not use the Landlord’s Property in any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation manner for the storage of any Hazardous Materials Laws by Tenant during except for storage of such materials that are used in the Term or if Tenant has received notice ordinary course of Tenant’s business and properly stored in a manner and location satisfying all Environmental Laws; (iii) will not install any underground tanks of any type; and (iv) will not permit any Hazardous Materials Claim against to be brought onto the Landlord’s Property, except in the ordinary course of Tenant’s business and in compliance with all Environmental Laws. If any portion Hazardous Materials are brought or found on the Landlord’s Property in violation of Environmental Laws and/or in violation of the Premises above provisions of this Section, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Lease Term, the Landlord’s Property is found to be so contaminated or subject to such conditions then the Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Landlord’s Property by Tenant or Tenant Invitees under Tenant’s acts or omissions during the Termdirection, Tenant shall promptly obtain all permits and approvals necessary to remedy any whether such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have use occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything sale by the Tenant to the contrary contained hereinLandlord of the Landlord’s Property or during the Term of this Lease. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an “MSDS”) was issued by the producers or manufacturers thereof, together with copies of the MSDS’s for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord’s request therefor. Except for Hazardous Materials that existed in no event or on the Premises prior to Tenant’s occupancy thereof, Tenant shall Tenant be responsible for conditions of remove all Hazardous Materials from the Premises in existence prior a manner acceptable to Landlord before the Commencement Dateearlier of the date Tenant vacates the Premises and the date Tenant’s right to possess the Premises ends. Landlord may enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, andprovided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business. Such inspections and tests shall be conducted at Landlord’s expense, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through unless they reveal the removal presence of Hazardous Materials at in violation of the above provisions of this Section or that Tenant has not complied with the requirements of this Section, in which case Tenant shall reimburse Landlord for the cost thereof within ten days after Landlord’s sole cost and expenserequest therefor.

Hazardous Materials. Tenant’s use of Except where the Premises failure to do so would not result in a Property Material Adverse Effect, the Mortgagor shall (A) comply with any and all Hazardous Materials Lawspresent and future Environmental Laws applicable to the Mortgaged Property, except for any items set forth on Exhibit “D”. If any Environmental Activities occur (B) not release, store, treat, handle, generate, discharge or are suspected to have occurred in violation dispose of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termat, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of from the Premises Mortgaged Property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of a manner that could result in any portion of the Premises that materially increase the risk that material liability under any portion of the Premises will be exposed to Hazardous Materials; present and future Environmental Law and (eC) take all communications necessary steps to or from Tenantinitiate and expeditiously complete all remedial, corrective and other action to eliminate any governmental authority or such effect. In the event the Mortgagor fails to comply with the covenants in the preceding sentence, the Mortgagee may, in addition to any other Person remedies set forth herein, as agent for the Mortgagor and at the Mortgagor’s sole cost and expense, cause any remediation, removal or response action relating to Hazardous Materials required by applicable Environmental Laws to be taken and the Mortgagor shall provide to the Mortgagee and its agents and employees access to the Mortgaged Property for such purpose. Any reasonable costs or Hazardous Materials Claims with respect to any portion of expenses incurred by the Premises, including copies thereofMortgagee for such purpose shall be immediately due and payable by the Mortgagor and shall bear interest at the Default Rate. Landlord The Mortgagee shall have the rightright at any time when an Event of Default shall have occurred and be continuing and at such other times when a potential violation of any present or future Environmental Law exists which in the Mortgagee’s reasonable judgment could result in any material liability or obligation under such Environmental Law, and except for any items noted on Exhibit “D” at Tenant’s the sole cost and expense of the Mortgagor, to conduct an environmental audit of the Mortgaged Property by such persons or firms appointed by the Mortgagee, and the Mortgagor shall cooperate in all respects in the conduct of such environmental audit, including, without limitation, by providing access to the Mortgaged Property and to all records relating thereto. To the extent that any such environmental audit identifies conditions which in the Mortgagee’s reasonable judgment would result in any material liability or obligation under any present or future Environmental Law, the Mortgagor agrees to expeditiously correct any such violation or respond to conditions giving rise to such liability or obligations in a manner which complies in all material respects with the Environmental Laws and mitigates associated health and environmental risks. The Mortgagor shall indemnify and hold the Mortgagee and each of the other Secured Parties harmless from and against all loss, cost, damage or reasonable expense (including, without limitation, Landlord’s reasonable attorneys’ and consultants’ fees and costsdisbursements) and with counsel chosen that the Mortgagee or any other Secured Party may sustain by Landlordreason of the assertion against the Mortgagee or any Secured Party by any party of any claim relating to such Hazardous Materials on, to join and participate in, as a party if it so elects, any legal proceedings under or from the Mortgaged Property or actions initiated in connection taken with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgerespect thereto as authorized hereunder, there are not pending claims or causes of action arising out or relating except to the Facility extent arising from the gross negligence or the Premises as willful misconduct of the Commencement DateMortgagee or any other Secured Party. The foregoing indemnification shall survive repayment of all Secured Obligations and any release or assignment hereof; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use ENVIRONMENTAL MATTERS 39. 01. As used herein, "Hazardous Materials Laws" means all federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders and administrative actions and orders relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of the Premises shall any oil, flammable explosives, asbestos, urea, formaldehyde, radioactive materials or waste, infectious 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" under any such laws, ordinances or regulations (collectively, Hazardous Materials"). Tenant shall, at its own expense, at all times and in all respects: (i) comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Laws regarding Hazardous Materials Laws introduced in or about the Building by or at the direction of Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion in connection with Tenant's use of the Premises as a result ("Tenant's Hazardous Materials"); and (ii) procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of 's Hazardous Materials within, on, under or otherwise, and upon Landlord’s approval of about the remediation plan, remedy any such problem to the satisfaction of Landlord and Building in conformity with all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practicesprudent industry practices regarding management of such Hazardous Materials. During the Term, Landlord recognizes and agrees that Tenant may use Tenant's Hazardous Materials in normal quantities that are applicable to general office use and that such use by Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities not be deemed a violation of this Section, so long as the levels are not in violation of any Hazardous Materials Laws; . Upon termination or expiration of the term of this Lease, Tenant shall, at its own expense, cause all of Tenant's Hazardous Materials to be removed from the Demised Premises and the Building and transported for use, storage or disposal in accordance and in compliance with all applicable Hazardous Materials Laws. Tenant shall indemnify, protect, defend (bby counsel reasonably acceptable to Landlord), and hold Landlord and Landlord's employees, agents, principals, partners, shareholders, members, attorneys, accountants, professionals and other representatives, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including attorneys' fees) or death of in injury to any person or damage to any property whatsoever, including, without limitation, the Building common area, arising from or caused in whole or in part, directly or indirectly, by the presence in or about the Building of any of Tenant's Hazardous Materials or by Tenant's failure to comply with any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Laws regarding Tenant's Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in connection with any removal, remediation, clean up, restoration and materials required hereunder to return the vicinity Demised Premises and any other property of any portion whatever nature to their condition existing prior to the appearance of the Premises that materially increase the risk that any portion of the Premises will be exposed to Tenant's Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright from time to time, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s upon reasonable attorneys’ fees and costs) and with counsel chosen by Landlordprior written notice, to join enter in and participate upon the Demised Premises and to inspect same for the presence of Hazardous Materials and for Tenant's compliance with all Hazardous Materials Laws. A. Landlord represents and warrants that any handling, transportation, storage, treatment or usage of Hazardous Materials that has occurred in the Building and/or in, on, or under the Land was in compliance with all applicable federal, state and local laws, regulations and ordinances. Landlord further represents and warrants that no leak, spill, discharge, emission or disposal of Hazardous Materials has occurred in the Building and/or in, on, or under the Land and that the soil, groundwater and soil vapor in the Building and/or on or under the Land is, or will be, free of Hazardous Materials as a party if it so electsof the date hereof. Landlord agrees to indemnify, defend and hold Tenant and its officers, partners, directors, shareholders, Affiliates, employees and agents harmless from any legal proceedings claims, judgments, damages, fines, penalties, costs (including reasonable attorney, consultant and expert fees), liabilities (including sums paid in settlement of claims) or actions initiated loss which arise during or after the Lease term or any thereof, in connection with the presence of Hazardous Materials in the soil, groundwater, or soil vapor in, on or under the Building and/or the Land, unless such Hazardous Materials are present as the result of the acts of Tenant, its officers, employees or agents. Without limiting the generality of the foregoing, this indemnification shall survive the expiration of this Lease and does specifically cover costs incurred in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeinvestigation of site conditions or any cleanup, there are not pending claims remedial, removal or causes of action arising out restoration work required by any federal, state or relating to the Facility local governmental agency or the Premises as political subdivision because of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost and expensein the soil, groundwater or soil vapor in, on or under the Building and/or the Land, unless the Hazardous Materials are present as the result of the acts of Tenant, its officers, agents or employees. Without limiting the generality of the foregoing, this indemnification shall also specifically cover costs in connection with: 1. Hazardous Materials present or suspected to be present in the soil, ground water or soil vapor in, on or under the Building and/or the Land before the date hereof; or 2. Hazardous Materials that migrate, flow, percolate, diffuse or in any way move into, onto or under the Building and/or on the Land after date hereof; or 3. Hazardous Materials present in, on or under the Building and/or the Land as a result of any discharge, dumping, spilling (accidental or otherwise) onto or into the Building and/or the Land during or after the Lease term or any extension thereof by any person or entity.

Hazardous Materials. Tenant’s use 21.1. Tenant shall not cause or permit any Hazardous Materials (as defined below) to be brought upon, kept or used in or about the Premises, the Building or the Project in violation of Applicable Laws by any Tenant Party. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Project, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all otherwise occurs during the Term or any extension or renewal hereof or holding over hereunder or (d) contamination of the Project occurs as a result of Hazardous Materials Laws, except for any items set forth that are placed on Exhibit “D”. If any Environmental Activities occur or under or are suspected released into the Project by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to have occurred Landlord) and hold the Landlord Indemnitees harmless from and against any and all Claims, including (w) diminution in violation value of the Project or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Project, (y) damages arising from any adverse impact on marketing of space in the Project or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or groundwater above, on or under or about the Project. Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Project, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Project, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Project, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Project, any portion thereof or any adjacent property. 21.2. Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in accordance with Applicable Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (a) a list identifying each type of Hazardous Material to be present at the Premises in violation that is subject to regulation under any environmental Applicable Laws, (b) a list of any and all approvals or permits from Governmental Authorities required in connection with the presence of such Hazardous Material at the Premises and (c) correct and complete copies of (i) notices of violations of Applicable Laws related to Hazardous Materials Laws; and (dii) Tenant’s discovery plans relating to the installation of any occurrence storage tanks to be installed in, on, under or condition on about the Project (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or in any other documents required by any and all Governmental Authorities for any storage tanks installed in, on, under or about the vicinity Project for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents (1) no later than thirty (30) days prior to the initial occupancy of any portion of the Premises or the initial placement of equipment anywhere at the Project, (m) if there are any changes to the Hazardous Materials Documents, annually thereafter no later than December 31 of each year, and (n) thirty (30) days prior to the initiation by Tenant of any Alterations or changes in Tenant’s business that materially involve any material increase in the risk that types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section to the contrary, Tenant shall not be required to provide Landlord with any portion Hazardous Materials Documents containing information of the Premises will be exposed a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; . Landlord may, at Landlord’s expense, cause the Hazardous Materials Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials to confirm compliance with the provisions of this Lease and with Applicable Laws. In the event that a review of the Hazardous Materials Documents indicates non-compliance with this Lease or Applicable Laws, Tenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. 21.3. Notwithstanding the provisions of Sections 21.1 21.2 or 21.9, if (ea) all communications to or from Tenant, any governmental authority Tenant or any other Person relating proposed transferee, assignee or sublessee of Tenant has been required by any prior landlord, Lender or Governmental Authority to take material remedial action in connection with Hazardous Materials Laws contaminating a property if the contamination resulted from such party’s action or omission or use of the property in question or (b) Tenant or any proposed transferee, assignee or sublessee is subject to a material enforcement order issued by any Governmental Authority in connection with the use, disposal or storage of Hazardous Materials Claims Materials, then Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion (with respect to any portion such matter involving Tenant), and it shall not be unreasonable for Landlord to withhold its consent to any proposed transfer, assignment or subletting (with respect to any such matter involving a proposed transferee, assignee or sublessee). 21.4. At any time, and from time to time, prior to the expiration of the PremisesTerm, including copies thereof. Landlord shall have the right, and except for right to conduct appropriate tests of the Project or any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, portion thereof to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any demonstrate that Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims present or causes of action arising out or relating that contamination has occurred due to the Facility acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities Project in violation of any this Lease. 21.5. If underground or other storage tanks storing Hazardous Materials Laws installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other steps necessary or required under the Applicable Laws. Tenant shall have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinno responsibility or liability for underground or other storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in no event which case Tenant’s responsibility for such tanks shall be as set forth in this Section. 21.6. Tenant be responsible for conditions of the Premises in existence prior shall promptly report to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through presence of mold or water intrusion at the Premises. 21.7. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials at Landlord’s sole cost Materials, Tenant shall be deemed a holdover tenant and expensesubject to the provisions of Article 27. 21.8. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste that is or becomes regulated by any Governmental Authority.

Hazardous Materials. (a) As used in this Lease, the term "Hazardous Materials" shall mean and ------------------- include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively "Environmental Laws") or poses or threatens to pose a hazard to ------------------ the health or safety of persons on the Premises or any adjacent property. Landlord represents and warrants that to the best of Landlord's actual knowledge, there are no Hazardous Materials located in, on or under the Building or the Land, and Landlord has received no notices concerning violation of any laws relating to Hazardous Materials with respect to the Building or the Land. If Hazardous Materials are discovered in the Building or on the Land after the Commencement Date and were not caused or permitted by Tenant or Tenant’s 's employees, assignees agents or invitees, then Landlord will be responsible for all costs and expenses associated with regulatory requirements to eliminate any violations of law resulting from such presence and Landlord shall indemnify, defend, and hold Tenant and Tenant's employees, assignees, agents and invitees harmless from any and all claims, costs, liabilities or expenses associated with such Hazardous Materials. (b) Tenant agrees that during its use and occupancy of the Premises shall it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant's business and that it will comply with all Hazardous Materials LawsEnvironmental Laws relating to the use, except for any items set forth on Exhibit “D”. If any Environmental Activities occur storage or are suspected to have occurred in violation disposal of any such Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Materials. (c) If Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal 's use of Hazardous Materials on or otherwiseabout the Premises results in a release, and upon Landlord’s approval discharge or disposal of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During on, in, at, under, or emanating from, the TermPremises or the property in which the Premises are located, Tenant shall immediately advise Landlord agrees to investigate, clean up, remove or remediate such Hazardous Materials in writing of: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion value of the Premises or the property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of which the Premises that materially increase are located. Landlord shall also have the risk that any portion of right, but not the Premises will be exposed obligation, to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect the value of the PremisesPremises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of the right set forth in this Section 5.3(c) shall be payable by Tenant upon demand. -------------- (d) Upon reasonable notice to Tenant, including copies thereof. Landlord shall have the rightmay, and except for any items noted on Exhibit “D” at Tenant’s its sole cost and expense unless a violation is discovered, inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord's part to inspect the Premises, or liability on the part of Landlord for Tenant's use, storage or disposal of Hazardous Materials, it being understood that Tenant shall be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the Premises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and in a condition which complies with all Environmental Laws. (f) Tenant agrees to indemnify and hold harmless Landlord and Landlord's employees, assignees, agents and invitees from and against any and all claims, losses (including, without limitation, Landlord’s loss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorneys’ fees and costsattorney's fees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to Landlord’s knowledge, no Environmental Activities in violation Tenant's breach of any Hazardous Materials Laws have occurred prior to provision of this Section 5.3. ----------- (g) The provisions of this Section 5.3 shall survive the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or ----------- earlier termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply Keep and maintain, and cause its Subsidiaries to keep and maintain, all real Property in which Borrower or a Subsidiary has any ownership or leasehold interest (“Real Property”) in compliance with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred ; provided that Borrower shall not be in violation of this covenant to the extent that such non-compliance creates no material risk to occupants of such Real Property, material damage to such Real Property or material threat to the environment for which, in the case of leased Real Property, Borrower or any Hazardous Materials Laws by Tenant during of its Subsidiaries is liable and to the Term extent that any fines, penalties or if Tenant has received notice other assessments in respect of any Hazardous Materials Claim against any portion of such non-compliance do not exceed $1,000,000 in the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits aggregate; and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisenot, and upon Landlord’s approval not permit any of the remediation planits Subsidiaries to, remedy any such problem to the satisfaction use, generate, manufacture, store or dispose of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion Real Property, or transport to or from any Real Property, any flammable explosives, radioactive materials, hazardous wastes or toxic substances, including any substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” or “toxic substances” under any applicable Laws (collectively referred to herein as “Hazardous Materials”) except for the Hazardous Materials (a) listed on Schedule 6.12 (and, to the extent such listing includes “trade name” substances, substitutions for such trade name substances containing the same component hazardous material), or (b) used by Borrower, its Subsidiaries and other occupants of the Premises Real Property in violation connection with their respective business operations or for general maintenance of any such Real Property and in material compliance with Hazardous Materials Laws, in no greater than commercially reasonable quantities, in both cases for which disposal has been or will be arranged in accordance with applicable Laws; provided that Borrower shall indemnify, defend and hold harmless the Indemnitees from and against (d) Tenant’s discovery of any occurrence or condition on or in which indemnity shall survive the vicinity of any portion repayment of the Premises that materially increase Obligations) any loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the risk that any portion use, generation, storage, release, threatened release, discharge, transportation, disposal, or presence of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws (including asbestos) on, under or Hazardous Materials Claims with respect to about the any portion of the PremisesReal Property, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgethe costs of any required or necessary repair, there are not pending claims cleanup or causes detoxification of action arising out any Real Property, and the preparation and implementation of any closure, remedial or relating to the Facility or the Premises as of the Commencement Date; other required plans and (ii) to Landlord’s knowledgeall reasonable costs and expenses incurred by the Indemnitees in connection with clause (i), no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseincluding all reasonable Attorney Costs.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items Except as set forth on Exhibit “D”. If in the Reports (as defined in the Deed of Trust) and otherwise disclosed to Agent, neither Borrower nor Guarantor has any Environmental Activities occur or are suspected to have occurred in violation knowledge of any Hazardous Materials Laws by Tenant during that have been generated, released, stored or deposited over, beneath or on the Term Land or if Tenant has received notice of in any structure located on the Land. No Hazardous Materials Claim against any portion will be used in the construction of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the PremisesProject, nor, to the best of Borrower's knowledge after due inquiry, has any part of the Land been used for or as a land fill, the result of which could impose any liability against Borrower, Agent, Lenders or the Project under any applicable law or regulation, including, without limitation the laws and regulations mentioned in the definition of "Hazardous Materials" set forth above. Borrower covenants that it shall indemnify, hold harmless and defend Agent and Lenders from any and all claims, losses, damages, response costs and expenses (collectively, "Claims") arising out of or in any way relating to the past, present or future presence, removal or disposal of any Hazardous Materials over, beneath, in or on the Project regardless of whether such presence, removal or disposal constitutes a breach of the representations, warranties, covenants and agreements set forth in this Section, including, but not limited to: (a) claims of third parties (including governmental agencies) for damages, penalties, response costs, injunctive or other relief; (b) costs of removal and restoration, including fees of attorneys and experts and costs of reporting the existence of any Hazardous Materials to any governmental agency; and (c) any remedial action taken by Tenant in response to and all expenses or obligations incurred at, before and after any Hazardous Materials Claims trial or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesappeal therefrom, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees ' fees, witness fees, deposition costs, photocopying charges and costs) and with counsel chosen other expenses, all of which shall be paid by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials ClaimsBorrower when incurred. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as The provisions of the Commencement Date; foregoing representations, warranties and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to covenants shall not limit the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions provisions of the Premises in existence prior to Indemnity Agreement and the Commencement Daterights, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost remedies and expenseprotections herein and therein shall be cumulative.

Hazardous Materials. Tenant’s 's use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s 's acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s 's approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s 's discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s 's reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) that to Landlord’s 's knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. Tenant’s use Hazardous materials shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, that concerns the existence, management, control, discharge, treatment, containment and/or removal of substances or materials that are or may become a threat to public health or the environment including, but not limited to, substances defined as “hazardous substances”, “hazardous materials”, “toxic substances” or “hazardous wastes” as covered under the California Health and Safety Code, and in any regulations adopted, published and/or promulgated pursuant to said laws, and in any other environmental law, regulation or ordinance now existing or hereinafter enacted. Lessee hereby agrees that it shall not use, generate, manufacture, refine, produce, process, store or dispose of on, under or about the leased Premises shall comply or transport to or from the Leased Premises any hazardous materials, except in compliance with all applicable Hazardous Materials Material Laws, nor does Lessee intend to use the Leased Premises in the future for the purpose of generating, manufacturing, refining, producing, storing, handling, transferring, processing or transporting of hazardous materials, except for in compliance with any items set forth on Exhibit “D”Hazardous Material Laws. If at any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant time during the Term term of this Lease, hazardous materials are used, or if Tenant has received notice of any Hazardous Materials Claim against any portion of placed by Lessee on the Leased Premises as a result of TenantLessee’s acts activities on the Leased Premises or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy if any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval contamination of the remediation planLeased Premises shall occur solely as a result of Lessee’s activities on the Leased Premises, remedy any Lessee, at Lessee’s sole cost and expense, shall remove, remediate or encapsulate such problem to the satisfaction of Landlord and all applicable governmental authorities, hazardous waste in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion requirements of the Premises; (c) appropriate governmental agency. In the event Lessee discovers any remedial action taken by Tenant hazardous materials in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of any Hazardous Materials Material Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord Lessee shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, immediately notify Lessor and, if unless Lessee is required by lawunder the preceding sentence remove, Landlord hereby agrees to remedy any remediate or encapsulate such actual hazardous materials or suspected problem through the removal of Hazardous Materials waste, Lessor shall do so at LandlordLessor’s sole cost and expense. If Lessor or Lessee is required to remove any hazardous materials under this Section, it shall cause such hazardous materials or waste to be removed from the Leased Premises to be removed and transported solely by duly licensed haulers to duly licensed facilities for disposal.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on, under or about any portion of the Premises in violation of any Hazardous Materials Law, the Term shall be automatically extended and this Master Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately promptly advise Landlord in writing of: of (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) that to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions commencement of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseTerm.

Hazardous Materials. 20.1. Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises, the Building or the Property by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant, each a “Tenant Party”). Notwithstanding the foregoing, Tenant may keep, store and use upon the Premises de minimus amounts of typical cleaning and office supplies that constitute Hazardous Materials, provided that such cleaning and office supplies are kept, stored, used, maintained and disposed of in accordance with all Applicable Laws and manufacturer’s use instructions and further provided that Tenant may not discharge or dispose of any such Hazardous Materials in any drains in the Building. If (a) Tenant breaches such obligation, (b) the presence of Hazardous Materials as a result of such a breach results in contamination of the Property, any portion thereof, or any adjacent property, (c) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion extension or renewal hereof or holding over hereunder or (d) contamination of the Premises Property occurs as a result of Tenant’s acts Hazardous Materials that are placed on or omissions during under or are released into the TermProperty by a Tenant Party, then Tenant shall promptly obtain indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all permits Claims of any kind or nature, including (w) diminution in value of the Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, (y) damages arising from any adverse impact on marketing of space in the Property or any portion thereof and approvals necessary to remedy (z) sums paid in settlement of Claims that arise before, during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in connection with any such actual investigation of site conditions or suspected problem through the any clean-up, remedial, removal or restoration work required by any Governmental Authority because of Hazardous Materials present in the air, soil or otherwisegroundwater above, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation Property. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Property, any portion thereof or any adjacent property caused or permitted by any Tenant Party results in any contamination of the Property, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. 20.2. At any occurrence or condition on or in time, and from time to time, prior to the vicinity of any portion expiration of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantTerm, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright to conduct appropriate tests of the Property or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Property in violation of this Lease. 20.3. Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. 20.4. Tenant’s obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Tenant or Landlord after the termination of this Lease to complete the removal from the Premises of any such Hazardous Materials, Tenant shall be deemed a holdover tenant and subject to the provisions of Article 26. 20.5. As used herein, the term “Hazardous Material” means (a) any toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous substance, material or waste that is or becomes regulated by Applicable Laws or any Governmental Authority, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costsb) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge“chemotherapeutic waste”, there are not pending claims “infectious waste” or causes of action arising out “medical waste” as may now or relating to the Facility hereafter be defined by any future law, statute, order, ordinance or the Premises as of the Commencement Date; and regulation, (ii) to Landlord’s knowledge“radioactive waste” as may now or hereafter be defined by any future law, no Environmental Activities in violation of any Hazardous Materials Laws have occurred statute, order, ordinance or regulation, (iii) human corpses, remains and anatomical parts that are donated and used for scientific or medical education, research or treatment, (iv) body fluids or biologicals which are being stored at a laboratory prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained hereinlaboratory testing, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and/or (v) similar laboratory wastes and expensematerials.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on or under any portion of a Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to such Facility only and this Master Lease shall remain in full force and effect with respect to such Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Master Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.5 extend the Term for a Facility beyond September 29, 2038 as to such Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.5 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. (a) Tenant shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Premises, the Building or the Property in violation of applicable Laws by Tenant or any of its employees, agents, contractors or invitees (collectively with Tenant’s use , each a “Tenant Party”). If (i) Tenant breaches such obligation, (ii) the presence of Hazardous Materials as a result of such a breach results in contamination of the Property, any portion thereof, or any adjacent property, (iii) contamination of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant otherwise occurs during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises extension or renewal hereof or holding over hereunder as a result of Tenant’s acts the actions of a Tenant Party, or omissions during (iv) contamination of the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal Property occurs as a result of Hazardous Materials that are placed on or otherwiseunder or are released into the Property by a Tenant Party, then Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and upon Landlord’s approval all reasonable expenses (including reasonable attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) (“Claims”) of any kind or nature, including (w) diminution in value of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Property or any portion thereof, (x) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises; Property, (cy) damages arising from any remedial action taken adverse impact on marketing of space in the Property or any portion thereof and (z) sums paid in settlement of Claims that arise during or after the Term as a result of such breach or contamination. This indemnification by Tenant includes costs incurred in response to connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any governmental authority because of Hazardous Materials Claims present in the air, soil or any Hazardous Materials groundwater above, on, under or about any portion the Property as a result of the Premises in violation actions of a Tenant Party. Without limiting the foregoing, if the presence of any Hazardous Materials Lawsin, on, under or about the Property, any portion thereof or any adjacent property caused by any Tenant Party results in any contamination of the Property, any portion thereof or any adjacent property, then Tenant shall promptly take all actions at its sole cost and expense as are necessary to return the Property, any portion thereof or any adjacent property to its respective condition existing prior to the time of such contamination, as and to the extent required by an independent third party state-certified professional with appropriate expertise in such Hazardous Materials cleanup and who is reasonably acceptable to Landlord; (d) provided that Landlord’s written approval of such action shall first be obtained, which approval Landlord shall not unreasonably withhold; and provided, further, that it shall be reasonable for Landlord to withhold its consent if such actions could have a material adverse long-term or short-term effect on the Property, any portion thereof or any adjacent property. Tenant’s discovery obligations under this Section 5.4 shall not be affected, reduced or limited by any limitation on the amount or type of any occurrence damages, compensation or condition on benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. (b) Landlord acknowledges that it is not the intent of this Article to prohibit Tenant from operating its business for the Permitted Use. Tenant may operate its business according to the custom of Tenant’s industry so long as the use or presence of Hazardous Materials is strictly and properly monitored in the vicinity accordance with applicable Laws and Environmental Laws. As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees to deliver to Landlord (i) a list identifying each type of any portion of Hazardous Material to be present at the Premises that materially increase is subject to regulation under any Environmental Laws, (ii) a list of any and all approvals or permits from governmental authorities required in connection with the risk that any portion presence of such Hazardous Material at the Premises will and (iii) correct and complete copies of (x) notices of violations of applicable Laws related to Hazardous Materials and (y) plans relating to the installation of any storage tanks to be exposed installed in, on, under or about the Property (provided that installation of storage tanks shall only be permitted after Landlord has given Tenant its written consent to do so, which consent Landlord may withhold in its sole and absolute discretion) and closure plans or any other documents required by any and all governmental authorities for any storage tanks installed in, on, under or about the Property for the closure of any such storage tanks (collectively, “Hazardous Materials Documents”). Tenant shall deliver to Landlord updated Hazardous Materials Documents, within fourteen (14) days after receipt of a written request therefor from Landlord, not more often than once per year, unless there are any changes to the Hazardous Materials Documents or Tenant initiates any Alterations or changes its business, in either case in a way that involves any material increase in the types or amounts of Hazardous Materials. For each type of Hazardous Material listed, the Hazardous Materials Documents shall include (t) the chemical name, (u) the material state (e.g., solid, liquid, gas or cryogen), (v) the concentration, (w) the storage amount and storage condition (e.g., in cabinets or not in cabinets), (x) the use amount and use condition (e.g., open use or closed use), (y) the location (e.g., room number or other identification) and (z) if known, the chemical abstract service number. Notwithstanding anything in this Section 5.4 to the contrary, Tenant shall not be required to provide Landlord with any Hazardous Materials Documents containing information of a proprietary nature, which Hazardous Materials Documents, in and of themselves, do not contain a reference to any Hazardous Materials or activities related to Hazardous Materials; and (e) all communications to or from . Landlord may, at Tenant’s expense, any governmental authority or any other Person relating to cause the Hazardous Materials Laws Documents to be reviewed by a person or firm qualified to analyze Hazardous Materials Claims to confirm compliance with respect to any portion the provisions of this Lease and with applicable Laws. In the event that a review of the PremisesHazardous Materials Documents indicates Tenant’s non-compliance with this Lease or applicable Laws (including without limitation any failure by Tenant to cause the Tenant Parties to comply with the requirements of this Lease), including copies thereofTenant shall, at its expense, diligently take steps to bring its storage and use of Hazardous Materials into compliance. Notwithstanding anything in this Lease to the contrary or Landlord’s review into Tenant’s Hazardous Materials Documents or use or disposal of hazardous materials, however, Landlord shall not have and expressly disclaims any liability related to Tenant’s or a Tenant Party’s or Parties’ use or disposal of Hazardous Materials, it being acknowledged by Tenant that Tenant is best suited to evaluate the safety and efficacy of its Hazardous Materials usage and procedures. (c) At any time, and from time to time, prior to the expiration of the Term, Landlord shall have the rightright to conduct appropriate tests of the Property or any portion thereof to demonstrate that Hazardous Materials are present or that contamination has occurred due to the acts or omissions of a Tenant Party. Tenant shall pay all reasonable costs of such tests if such tests reveal that Hazardous Materials exist at the Property in violation of Tenant’s obligations under this Lease. (d) If storage tanks storing Hazardous Materials installed or utilized by Tenant are located on the Premises, or are hereafter placed on the Premises by Tenant (or by any other party, if such storage tanks are utilized by Tenant), then Tenant shall monitor the storage tanks, maintain appropriate records, implement reporting procedures, properly close any storage tanks, and except take or cause to be taken all other steps necessary or required under the applicable Laws. Tenant shall have no responsibility or liability for any items noted on Exhibit “D” at storage tanks installed by anyone other than Tenant unless Tenant utilizes such tanks, in which case Tenant’s sole cost and expense responsibility for such tanks shall be as set forth in this Section 5.4. (including, without limitation, Landlorde) Tenant shall promptly report to Landlord any actual or suspected presence of mold or water intrusion at the Premises. (f) Tenant’s reasonable attorneys’ fees and costs) and with counsel chosen obligations under this Article shall survive the expiration or earlier termination of the Lease. During any period of time needed by Landlord, Tenant or Landlord after the termination of this Lease to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with complete the removal from the Premises of any Hazardous Materials Claims. that are Tenant’s responsibility hereunder, Tenant shall be deemed a holdover tenant and subject to the provisions of Section 12.1. (g) Landlord represents that, to the best of its knowledge, Landlord has not received written notice of the presence within the Building and warrants to Tenant that: Premises of any Hazardous Materials in violation of applicable Environmental Laws. In the event that (i) any unlawful levels or concentrations of Hazardous Materials are found to Landlord’s knowledgeexist in the Premises, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) applicable laws and regulations require that the same be removed or remediated in order for the Premises to Landlord’s knowledgebe used for the Permitted Use, no Environmental Activities in violation of any and (iii) such Hazardous Materials Laws have occurred prior to the Commencement Date which have were not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of brought into or onto the Premises in existence prior to the Commencement Dateor released or otherwise introduced by Tenant or by a Tenant Party or Parties, and, if required by lawthen as between Landlord and Tenant, Landlord hereby agrees to remedy undertake such action as may be required by such applicable law or regulation. Nothing herein shall limit Landlord’s right to pursue any third party or parties (and Tenant shall reasonably cooperate with Landlord in such actual effort) or suspected problem through to contest by any lawful means the removal of Hazardous Materials at Landlord’s sole cost and expenseor remediation requirement or to seek a stay or delay in any enforcement action.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) Tenant shall not use, transport, store, dispose of or in any Environmental Activities manner deal with hazardous materials on the Premises or any adjacent lands and premises of Landlord (collectively the "Property"), except in violation of compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The term "hazardous materials" as used in this Lease shall include, without limitation, gasoline, petroleum products, explosives, radioactive materials, or any Hazardous Materials Laws; other substances or materials defined as a hazardous or toxic substance or material by any federal, state or local law, ordinance, rule or regulation. (b) any Hazardous Materials Claims against Tenant or any portion Lessee is on notice and understands that the Premises contains asbestos. Lessee agrees that is it satisfied that appropriate containment and control measures are in place as of the Premises; rent Occupancy Date with regards to said asbestos. Lessee assumes all responsibility for appropriate containment and control measures following Occupancy Date and as of that date, shall indemnify and hold harmless Landlord for any and all claims for bodily injury and/or damages arising out of any act or omission connected in any way to said asbestos except for those claims arising out of negligent actions of Landlord relating to said asbestos. (c) any remedial action taken by Excepting Section 17(b), above, Landlord unconditionally and irrevocably indemnifies and agrees to defend and hold harmless Tenant in response to any Hazardous Materials Claims and its officers, employees, agents, contractors and those claiming by, through or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premisesfrom and against all loss, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingincluding attorneys' fees) of whatever nature suffered or incurred by Tenant on account of the existence at or on the Property, or the release or discharge at, on, from or to the Property, prior to the Occupancy Date or thereafter if such release or discharge is caused by the Landlord, its officers, employees, agents or contractors, of any hazardous material, including any claims, costs, losses, liabilities and expenses arising from the violation (or claimed violation) of any law, rule, regulation or ordinance or the institution of any action by any party against Tenant, Landlord or the Property based upon nuisance, negligence or other tort theory alleging liability due to the improper generation, storage, disposal, removal, transportation or treatment of any hazardous material by Landlord or the imposition of a lien on any part of the Property under any law pursuant to which a lien or liability may be imposed on Tenant due to the existence of any hazardous material. Landlord unconditionally and irrevocably guarantees the payment of any fees and expenses incurred by Tenant in enforcing the liability of Landlord and this indemnification should Tenant prevail in such action. If any Remedial Work is required because of, or in connection with, any occurrence or event covered by the indemnity set forth in this Section 17(c), Landlord shall perform or cause to be performed the Remedial Work in compliance with the applicable law, regulation, order or agreement. If Landlord elects to perform the Remedial Work, all Remedial Work shall be performed by one or more contractors selected by Landlord and approved in advance in writing by Tenant and under the supervision of a consulting engineer, selected by Landlord and approved in advance in writing by Tenant. Otherwise, Tenant shall select the contractor(s) and the consulting engineer. All costs and expenses of such Remedial Work shall be paid either directly, or in the form of reimbursement to Tenant, by Landlord including without limitation, Landlord’s the charges of such contractor(s) and the consulting engineer, and Tenant's reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated costs incurred in connection with any Hazardous Materials Claimsmonitoring or review of such Remedial Work. If Landlord represents shall fail to timely commence, or cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work, Tenant may cause such Remedial Work to be performed, and warrants to all costs and expenses thereof, or incurred in connection therewith, shall be covered by the indemnity set forth in this Section 17(c). All such costs and expenses shall be due and payable upon demand therefore by Tenant. (d) The obligations of Landlord and Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes under this Section 17 shall survive the termination of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use (a) Lessee shall operate and maintain the CREZ Assets and conduct all of its other activities in respect thereof in compliance in all material respects with any Applicable Laws relating to air, water, land and the generation, storage, use, handling, transportation, treatment or disposal of Hazardous Materials. Lessee shall promptly notify Lessor of any such violation and, to the extent Lessee becomes aware of any environmental, health, safety or security matter that requires a corrective action, Lessee shall, in consultation with Lessor, undertake and complete such corrective action. Lessee shall have the obligation to report any such violations to the appropriate Regulatory Authorities in accordance with Applicable Law and, if practicable, shall give notice thereof to Lessor prior to making such report. (b) Without limiting the generality of the Premises foregoing, Lessee shall comply with all not (i) place or locate any underground tanks on the property underlying the CREZ Assets, (ii) generate, manufacture, transport, produce, use, treat, store, release, dispose of or otherwise deposit Hazardous Materials Lawsin or on the CREZ Assets, except for the property underlying the CREZ Assets or any items set forth on Exhibit “D”. If any Environmental Activities occur portion thereof other than as permitted by Applicable Laws that govern the same or are suspected to have occurred in violation of applicable thereto, (iii) permit any Hazardous Materials Laws by Tenant during other substances, materials or conditions in, on or emanating from the Term CREZ Assets, the property underlying the CREZ Assets or if Tenant has received notice of any Hazardous Materials Claim against any portion thereof which may support a claim or cause of the Premises as a result of Tenant’s acts action under any Applicable Law or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary (iv) undertake any action that would reasonably be expected to remedy any such actual or suspected problem through the removal cause an unauthorized release of Hazardous Materials at the property underlying the CREZ Assets. (c) Lessee shall periodically, at intervals determined in its reasonable discretion in accordance with Good Utility Practice or otherwiseas required by Applicable Law, at Lessee’s sole expense, conduct inspections of all components of the CREZ Assets to ensure compliance with Applicable Laws and with this Section 4.6, and upon Landlord’s approval shall promptly notify Lessor of the remediation plan, remedy results of any such problem inspections. Lessor may, at Lessor’s expense, conduct its own testing at times determined in its reasonable discretion, and after reasonable consultation with Lessee, to the satisfaction of Landlord ensure Lessee’s compliance with Applicable Laws and all applicable governmental authoritieswith this Section 4.6, provided, however, that Lessor agrees to indemnify Lessee, in accordance with Section 12.2, from and against any and all Hazardous Materials Laws and good business practicesClaims arising from such testing. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.CREZ ASSETS LEASE AGREEMENT

Hazardous Materials. (a) Any Hazardous Materials (as hereinafter defined) brought upon, kept or used in or about the Premises or the Airport by Tenant, its agents, employees, contractors or invitees, shall be necessary or useful to Tenant’s use business and shall be used, kept and stored in a manner that complies with all laws, statutes, ordinances, rules, regulations, orders, requirements, and policies of any and all governmental agencies and authorities applicable to any such Hazardous Materials (“Hazardous Materials Laws”). (b) If Tenant breaches the obligations stated in subparagraph (a) of this Section 4.4, or if the presence of Hazardous Materials on the Premises after the Effective Date results in contamination of the Premises shall comply with all or the Airport, or if Hazardous Materials Lawsare otherwise discharged or released from the Premises after the Effective Date, except then Tenant shall indemnify, defend and hold City harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in value of the Airport, damages for the loss or restriction on use of rentable or usable space or of any items set forth amenity of the Airport, damages arising from any adverse impact on Exhibit “D”marketing of space in the Airport, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the term of this Lease as a result of such breach, contamination, discharge or release. If This indemnification of City by Tenant includes, without limitation, costs incurred in connection with any Environmental Activities occur investigation of site conditions or are suspected to have occurred in violation any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in, on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Materials Laws by Tenant during on the Term or if Tenant has received notice of Premises after the Commencement Date results in any Hazardous Materials Claim against any portion contamination of the Airport, or otherwise results in the release or discharge on, under or from the Premises as a result of Tenant’s acts or omissions during the TermHazardous Materials, Tenant shall promptly obtain take all permits and approvals actions at its sole expense as are necessary to remedy return the Airport to the condition existing prior to the introduction of any such actual or suspected problem through the removal of Hazardous Materials to the Airport or otherwise, and upon Landlordto otherwise remove and/or xxxxx the release or discharged Hazardous Materials; provided that City’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the remediation planAirport, remedy any such problem to will not unreasonably interfere with the satisfaction use and enjoyment of Landlord other portions of the Airport, and all applicable governmental authorities, will be performed in accordance with all Hazardous Materials Laws and good business practicesLaws. During Upon the Termtermination of this Lease, Tenant Xxxxxx shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation surrender the Premises to City free of any and all Hazardous Materials and in compliance with all Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant . This indemnification shall survive the termination or any portion expiration of the Premises; this Lease. (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials onFor the purpose of this Section 4.4, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to term “Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingincludes, without limitation, Landlord’s reasonable attorneys’ fees any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and costs) and with counsel chosen by Landlord, to join and participate inLiability Act of 1980, as a party if it so electsamended (42 U.S.C. §9601 et seq.), any legal proceedings or actions initiated in connection with any the Hazardous Materials Claims. Landlord represents Transportation Act, as amended (49 U.S.C. §1801 et seq.), the Resource Conservation and warrants to Tenant that: Recovery Act of 1976, as amended (i) to Landlord’s knowledge42 U.S.C. §9601 et seq.), there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Section 25117 of the Commencement Date; and (ii) to Landlord’s knowledgeCalifornia Health & Safety Code, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions Section 25316 of the Premises California Health & Safety Code, and in existence prior the regulations adopted and publications promulgated pursuant to them, or any other federal, state or local environmental laws, ordinances, rules or regulations concerning the Commencement environment, industrial hygiene or public health or safety now in effect or enacted after the Effective Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use (i) To the best knowledge of the Premises shall comply Lessee, on the Closing Date, except as disclosed in the Environmental Audit, there are no Hazardous Materials present at, upon, under or within the Leased Property or released or transported to or from the Leased Property (except in compliance in all material respects with all Hazardous Materials applicable Environmental Laws). (ii) On the Closing Date, no Governmental Actions have been taken or are in process or have been threatened, which could reasonably be expected to subject the Leased Property, any Lender or the Lessor with respect to the Leased Property to any Claims or Liens under any Environmental Law which would have a materially adverse effect on the Lessee, the Lessor, any Lender or the Leased Property. (iii) The Lessee has, or will obtain on or before the date required by applicable Environmental Laws, except for any items set forth on Exhibit “D”. If any all Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials applicable Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits, except to the Termextent the failure to obtain such Environmental Permits or to so comply would not have a Material Adverse Effect. (iv) No notice, Tenant shall immediately advise Landlord in writing of: (a) notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, no penalty has been assessed on the Lessee and no investigation or review is pending or, to its best knowledge, threatened by any Environmental Activities Authority or other Person in each case relating to the Leased Property with respect to any alleged material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion liability of the Premises; (c) Lessee under any remedial action taken by Tenant in response Environmental Law. No material notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or, to its best knowledge, threatened by any Hazardous Materials on, under Environmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) Except as disclosed in the Environmental Audit, the Leased Property and each portion of the Premises, including copies thereof. Landlord shall have the rightthereof are presently in compliance in all material respects with all Environmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlordthere are no present or, to join and participate inthe Lessee's best knowledge, as past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including without limitation the release or presence of Hazardous Materials) that could reasonably be anticipated to (A) form the basis of a party if it so electsmaterial Claim against the Leased Property, any legal proceedings Funding Party or actions initiated in connection with the Lessee, (B) cause the Leased Property to be subject to any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: restrictions on ownership, occupancy, use or transferability under any applicable Environmental Law, (iC) to Landlord’s knowledge, there are not pending claims require the filing or causes recording of action arising out any notice or restriction relating to the Facility presence of Hazardous Materials in the real estate records in the county or other appropriate municipality in which the Premises as Leased Property is located, or (D) prevent or interfere with the continued operation and maintenance of the Commencement Date; Leased Property as contemplated by the Operative Documents. (vi) Notwithstanding any provision herein or in the Lease to the contrary, Lessor and (ii) to Landlord’s knowledgeAgent agree that it is not, no Environmental Activities in and will not constitute, a violation of any representation, warranty or covenant of the Lessee made in this Agreement, the Lease or any other Operative Document, if Hazardous Materials Laws have occurred prior shall be present or handled, generated, stored, processed or disposed of on, or released or discharged from, the Leased Property, to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any extent such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost are used by or on behalf of Lessee in the ordinary course of Lessee's business and expensein material compliance with all Environmental Laws.

Hazardous Materials. Tenant’s use (a) Neither Landlord nor Tenant shall transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any "Hazardous Material" (as defined below) upon or about the Property, nor permit their respective employees, agents, contractors, and other occupants of the Premises to engage in such activities upon or about the Property. However, the foregoing provisions shall comply not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Property or Premises of substances customarily used in offices (or such other business or activity expressly permitted to be undertaken in the Premises under Paragraph 5); provided that such substances shall be used and maintained only in such quantities as are reasonably necessary for such permitted use, strictly in accordance with all Hazardous Materials Lawsapplicable law and the manufacturers' instructions thereto, except for and Tenant shall completely, properly and lawfully remove any items set forth on Exhibit “D”. If remaining such substances introduced by Tenant upon expiration or earlier termination of this Lease. (b) Tenant and Landlord shall promptly notify the other of: (i) any Environmental Activities occur enforcement, cleanup or are suspected other regulatory action taken or threatened by any governmental or regulatory authority with respect to have occurred in violation the presence of any Hazardous Materials Laws Material on the Premises or Property or the migration thereof from or to other property, (ii) any demands or claims made or threatened by Tenant during any party against notifying party or the Term Property or if Tenant has received notice Premises relating to any loss or injury resulting from any Hazardous Material, (iii) any release, discharge or nonroutine, improper or unlawful disposal or transportation of any Hazardous Materials Claim against any portion of Material on or from the Premises as a result of Tenant’s acts Property or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisePremises, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (aiv) any Environmental Activities in violation of matters where Tenant or Landlord is required by law to give a notice to any governmental regulatory authority respecting any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of on the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereofProperty. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense right (including, without limitation, Landlord’s reasonable attorneys’ fees and costsbut not the obligation) and with counsel chosen by Landlord, to join and participate inparticipate, as a party if it so electsparty, in any legal proceedings or actions affecting the Premises initiated in connection with any environmental, health or safety law. At such times as Landlord or Tenant may reasonably request from the other, the other party shall provide the requesting party with a written list identifying any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeMaterial then used, there are not pending claims stored, or causes of action arising out or relating to maintained by the Facility or other party upon the Premises as or Property, the use and approximate quantity of each such material, a copy of any material safety data sheet ("MSDS") issued by the manufacturer therefor, written information concerning the removal, transportation and disposal of the Commencement Date; same, and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall such other information as Landlord or Tenant may reasonably require or as may be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law. The term "Hazardous Material" for purposes hereof shall mean any chemical, Landlord hereby agrees to remedy substance, material or waste or component thereof which is now or hereafter listed, defined or regulated as a hazardous toxic chemical, substance, material or waste or component thereof by any federal, state or local governing or regulatory body having jurisdiction, or which would trigger any employee or community "right-to-know" requirements adopted by any such actual body, for which any such body has adopted any requirements for the preparation or suspected problem through the removal distribution of Hazardous Materials at Landlord’s sole cost an MSDS, and expenseshall include asbestos.

Hazardous Materials. Tenant’s use of Tenant agrees that the Premises or the Property shall comply not be used for the discharge or storage of any "hazardous substance" as such term may be defined in any federal, state, or local statute, rule, regulation, or ordinance. Tenant agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, paralegal's fees, and legal assistant's fees, costs of any settlement or judgment in claims of any and every kind, whatsoever paid, incurred, or suffered by or served against Landlord, by any person or entity or governmental agency for, with all Hazardous Materials Lawsrespect to, except for or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, or release from the Premises, in connection with Tenant's operations thereon, of any items set forth on Exhibit “D”hazardous substance, including any such loss or liability arising under the Comprehensive Environmental Response, Compensation and Liability Act, and any similar federal, state, or local laws or ordinances. If Tenant receives any Environmental Activities occur or are suspected to have occurred in violation notice of: (i) the happening of any Hazardous Materials Laws by Tenant during material event involving the Term escape, seepage, leakage, spillage, discharge, emission, release, or if Tenant has received notice clean up of any Hazardous Materials Claim against any portion of hazardous substance on the Premises as a result of in connection with Tenant’s acts 's operations thereon, or omissions during the Term(ii) any complaint, order, citation, or material notice with regard to air emission, water discharge, or any other environmental health or safety matter affecting Tenant shall promptly obtain all permits and approvals necessary to remedy (an "environmental complaint") from any such actual person or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Termentity, Tenant shall immediately advise notify Landlord orally and in writing of: (a) any Environmental Activities in violation of said notice. Any breach of any Hazardous Materials Laws; (bwarranty or representation contained in this Article 13.13 shall be an event of default under Article 12.1(c) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use (a) Without limiting the generality of SECTION 5.2 hereof, Mortgagor shall keep and maintain the Premises Mortgaged Property in compliance with, and shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur not cause or are suspected permit the Mortgaged Property to have occurred be in violation of any Hazardous Materials Laws by Tenant during Environmental Laws. Except for materials (other than asbestos) (i) used or stored at the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of Mortgaged Property in the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits Ordinary Course Business and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and in compliance with all applicable governmental authoritieslaws, in accordance with all Hazardous Materials Laws rules and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense regulations (including, without limitation, Landlord’s reasonable attorneys’ fees and costsEnvironmental Laws), (ii) and with counsel chosen by Landlordrespect to which no Release at, to join and participate in, as on, under, over, from or affecting the Mortgage Property or any adjacent property has occurred, and (iii) that do not create (and are not known to pose) a party if it so electshealth, any legal proceedings safety or actions initiated in connection with environmental hazard, Mortgagor shall not manufacture, generate or store any Hazardous Materials Claimsat, in, on, under, over, from or affecting the Mortgaged Property. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are Mortgagor shall not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation permit any Release of any Hazardous Materials Laws at, in, on, under, over, from or affecting the Mortgaged Property. Without Mortgagee's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, except in case of emergency involving imminent threat to persons or property, Mortgagor shall take no remedial action with respect to any Hazardous Materials at, in, on, under, over, from or affecting the Mortgaged Property, and shall not enter into any settlement agreement, consent decree or other compromise or agreement related to any such Hazardous Materials. Mortgagee's consent to such action shall not be construed to mean that Mortgagee has the capacity to cause or determine the appropriate Hazardous Materials management practices of Mortgagor but only is intended for Mortgagee to assure that its collateral hereunder is not being impaired. (b) Mortgagor shall indemnify and hold Mortgagee harmless from any and all claims, actions, proceedings, losses, costs, damages, liabilities, obligations, causes of action, Diminution in Value of the Mortgaged Property (or any portion thereof), fines, penalties and expenses (including reasonable attorneys' fees and expenditures) for investigation, removal, clean-up, and remedial costs (collectively, "LOSSES") of or against Mortgagee arising from (i) the use, generation, storage or Release of any Hazardous Materials at, in, on, under, over, from or affecting the Mortgaged Property or the transport of any Hazardous Materials to or from the Mortgaged Property; (ii) the violation of any Environmental Law; and/or (iii) the breach of any of the representations, warranties and covenants of Mortgagor with respect to Hazardous Materials set forth in this SECTION 5.15 or ARTICLE 6 hereof or the Loan Agreement. Mortgagee shall have occurred prior the right to the Commencement Date which have not been remedied in full. approve any counsel selected by Mortgagor to defend Mortgagee hereunder. (c) Notwithstanding anything to the contrary contained herein, in Mortgagor shall not be liable for any Hazardous Materials placed in, under, over, from or affecting the Property after Mortgagor is no event shall Tenant be responsible for conditions longer the owner or occupant of the Premises in existence prior to Mortgaged Property; provided, however, that (i) the Commencement Date, and, if required by law, Landlord hereby agrees to remedy migration of any such actual or suspected problem through the removal of Hazardous Materials placed in, under, over, from or affecting the Mortgaged Property, which materials were present at Landlord’s sole cost any time during the period of Mortgagor's ownership or occupation of the Mortgaged Property, shall remain the liability of Mortgagor; and expense(ii) Mortgagor shall have the burden of proving that such Hazardous Materials were placed at, in, on, under or over the Mortgaged Property after Mortgagor was no longer the owner or occupant of the Mortgaged Property. (d) Mortgagor's obligations under this SECTION 5.15 shall survive payment of the Indebtedness and the release of the Lien granted herein. The obligations set forth in this SECTION 5.15 are in addition to and not in place of the obligations of the Mortgagor under the Indemnity Agreement.

Hazardous Materials. A. Tenant warrants, covenants and agrees to conduct its business and operations on and from the Leased Premises in strict compliance and accordance with all federal, state and local environmental laws, regulations, executive orders, ordinances and directives now in force or which may hereafter be in force, including, but not limited to, the following: Clean Air Act; Clean Water Act; Resource Conservation and Recovery Act; Toxic Substances Control Act; Hazardous Materials Transportation Act; Comprehensive Environmental Response, Compensation and Liability Act; Emergency Planning and Community Right to Know Act; and all state law counterparts, including, without limitation, the Colorado Hazardous Waste Management Act (collectively referred to as “Environmental Laws”), and any amendments to any such Environmental Laws, and not to cause, suffer or permit any damage or impairment to the health, safety or comfort of any person or to the environment at or on the Leased Premises and surrounding property, including, but not limited to, damage or threatened damage to the soil, air, surface or groundwater resources at the Leased Premises and surrounding property, nor cause, suffer or permit any condition constituting a nuisance or violation of or resulting in liability under any Environmental Laws. Except for such as are a part of the ordinary course of Tenant’s use of the Premises shall comply business and which are used in compliance with all Environmental Laws and have been approved in writing by Landlord in its sole discretion, Tenant shall not cause or allow anyone else to cause any Hazardous Materials LawsMaterials, except for as herein defined, to be used, generated, stored, brought onto, or disposed of on or about the Leased Premises or the Building Complex without the prior written consent of Landlord, which consent can be withheld at the sole discretion of Landlord, and may be revoked at any items set forth on Exhibit “D”time. If Tenant shall provide Landlord with immediate notice of any violation of its Environmental Activities occur Obligations or are suspected to have occurred in violation of any spill, release or discharge of any Hazardous Materials Laws at or affecting the Leased Premises or the Building Complex. For purposes of this Lease, the term “Hazardous Materials” shall mean any hazardous or toxic substance, material or waste which is regulated or becomes regulated under any applicable Environmental Laws. The foregoing obligations of Tenant shall hereinafter collectively be referred to as the “Environmental Obligations.” Tenant shall assume sole and full responsibility for and shall remedy at its sole expense all violations by Tenant during of such Environmental Obligations. B. At the commencement of this Lease and on January 1 of each year thereafter throughout the Term of this Lease, and on January 1 of the year after termination of this Lease, Tenant shall disclose to Landlord the names and amounts of all Hazardous Materials which were stored, used or if disposed of on the Leased Premises in the preceding Lease year and the names and amounts of all Hazardous Materials which Tenant has received intends, subject to Landlord’s approval, to store, use or dispose of on the Leased Premises in the Lease year just then beginning. C. Landlord, and its agents, shall have the right, but not the duty, to inspect the Leased Premises and conduct tests and investigations at any time upon reasonable prior notice to determine whether Tenant is complying with the terms of this Lease; provided, however, that Landlord shall take reasonable steps to minimize any interference with Tenant’s business operations in connection with such tests and investigations. If Landlord determines from any such inspection, tests or investigations that a violation of Tenant’s Environmental Obligations exists or existed with respect to Hazardous Materials, Tenant shall pay to Landlord, upon demand and in addition to all other damages provided for herein, all of Landlord’s costs of such inspection, tests and investigations. D. In the event, of any Hazardous Materials Claim violation of, or failure to comply with, any of the Environmental Obligations by Tenant, Tenant agrees, at its sole cost and expense, promptly to remedy and correct such violation or failure, including all required or appropriate clean up, clean up-related activities and all other appropriate remedial action. Tenant covenants and agrees to protect, indemnify and hold Landlord harmless from and against any portion and all obligations, claims, including any investigations, administrative claims and claims for injunctive relief, loss, cost, damage, expense or liability, including, without limitation, any liability arising under any Environmental Laws, plus reasonable attorneys’ fees, incurred by or asserted against Landlord resulting from any failure or alleged failure of Tenant to comply with the Premises Environmental Obligations. Landlord shall have the right to defend itself in any action, suit or proceeding commenced against Landlord as a result of Tenant’s acts violation of or omissions during alleged failure to comply with the TermEnvironmental Obligations, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwisewith attorneys and, as necessary, technical consultants chosen by Landlord, and upon Tenant agrees to pay to Landlord all reasonable attorneys’ fees, consultant fees, and other costs in connection therewith incurred by Landlord’s approval of the remediation plan. In addition, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” but not the obligation, to cure Tenant’s violation of or failure to comply with the Environmental Obligations, at Tenant’s sole cost expense, and expense (includingTenant shall promptly, without limitationupon receipt of demand therefor, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated reimburse Landlord for all amounts expended in connection with any Hazardous Materials Claimssuch cure. Landlord represents and warrants shall use reasonable efforts to Tenant that: (i) to Landlordminimize interference with Tenant’s knowledge, there are business but shall not pending claims or causes of action arising out or relating be liable for any interference caused thereby provided that Landlord acts in a commercially reasonable manner. Neither the written consent by Landlord to the Facility use, generation, storage or disposal of Hazardous Materials, nor the compliance by Tenant with all Environmental Laws shall excuse Tenant from its indemnification of Landlord hereunder, which such indemnification shall survive the termination of this Lease. E. Landlord covenants and agrees to protect, indemnify and hold Tenant harmless from and against any and all obligations, claims, including any investigations, administrative claims and claims for injunctive relief, loss, cost, damage expense or liability, including without limitation any liability arising under any Environmental Laws, plus reasonable attorneys fees, incurred by or asserted against Tenant resulting from any failure of Landlord to comply with any Environmental Laws or regulation, with respect to the Leased Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions term of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use The Borrower Parties shall, and shall cause each of the Premises shall comply Macerich Core Entities to, do the following: (1) Keep and maintain all Designated Environmental Properties in material compliance with all any Hazardous Materials LawsLaws unless the failure to so comply would not be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof. (2) Promptly cause the removal of any Hazardous Materials discharged, except for disposed of, or otherwise released in, on or under any items set forth on Exhibit “D”. If any Designated Environmental Activities occur or Properties that are suspected to have occurred in violation of any Hazardous Materials Laws and which would be reasonably expected to result in a material adverse effect to such Designated Environmental Property or the owner thereof, and cause any remediation required by Tenant during any Hazardous Material Laws or Governmental Authority to be performed, though no such action shall be required if any action is subject to a good faith contest. In the Term course of carrying out such actions, the Borrowers shall provide the Administrative Agent with such periodic information and notices regarding the status of investigation, removal, and remediation, as the Administrative Agent may reasonably require. (3) Promptly advise the Administrative Agent, the Issuing Lender and each Lender in writing of any of the following: (i) any Hazardous Material Claims known to Borrowers which would be reasonably expected to result in a material adverse effect to an Environmental Property or if Tenant has received the owner thereof; (ii) the receipt of any notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal alleged violation of Hazardous Materials or otherwiseLaws with respect to an Environmental Property (and the Borrowers shall promptly provide the Administrative Agent, the Issuing Lender and upon Landlord’s approval Lenders with a copy of such notice of violation), provided that such alleged violation, if true (and if any release of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws alleged therein were not promptly remediated), would result in a breach of subsections (1) or (2) above; and good business practices. During (iii) the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises Designated Environmental Properties that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority could cause such Designated Environmental Properties or any other Person relating part thereof to Hazardous Materials Laws or Hazardous Materials Claims with respect to be in violation of clauses (1) or, if not promptly remediated, (2) above. If the Administrative Agent, the Issuing Lender and/or any portion of the Premises, including copies thereof. Landlord Lender shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, be joined in any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents , each Borrower Party shall indemnify, defend, and warrants hold harmless such Person with respect to Tenant that: any liabilities and out-of-pocket expenses arising with respect thereto, including reasonable attorneys' fees and disbursements. (i4) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as Comply with each of the Commencement Date; covenants set forth in subsections (1), (2) and (ii3) of this Section 7.9 with respect to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions all other Properties of the Premises Borrowers and Macerich Core Entities unless the failure to so comply would not reasonably be expected to result in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensea Material Adverse Effect.

Hazardous Materials. Tenant’s use Except as disclosed and delivered to Buyer pursuant to Paragraph 8 above: (i) To the best of Seller's actual knowledge, the Premises are free from contamination by Hazardous Materials. To the best of Seller's actual knowledge, there is no evidence of Release of Hazardous Materials at the Premises. (ii) There has been no generation, treatment or storage of any Hazardous Materials at the Premises by Seller or, to the best of Seller's actual knowledge, any third person nor has any activity been conducted by Seller or, to the best of Seller's actual knowledge, any third person at the Premises which could have produced Hazardous Materials. (iii) To the best of Seller's actual knowledge, there are no surface impoundments, lagoons, waste piles, landfills, injection xxxxx, underground storage areas, tanks, storage vessels, drums, containers or other man-made facilities at the Premises which may have accommodated Hazardous Materials at the Premises. Neither Seller, nor to the best of Seller's actual knowledge any third person, has stored, placed, buried or Released Hazardous Materials at the Premises, including the soil, surface water and ground water. (iv) To the best of Seller's actual knowledge, no inspection, audit, inquiry or other investigation has been or is being conducted by any Governmental Authority (as hereinafter defined in Paragraph 16(l)(vi) below) or other third person with respect to the presence or discharge of Hazardous Materials at the Premises or the quality of the air or surface or subsurface conditions at the Premises shall comply with all except for Phase I environmental audits, if any, performed on behalf of Seller or any lender of Seller, if any, copies of which will be delivered to Buyer pursuant to this Agreement to the extent in Seller's possession or control. Seller has not received notice that any such inspection, audit, inquiry or investigation is pending or proposed. Seller has not received any warning, notice, notice of violation, administrative complaint, judicial complaint or other formal or informal notice or request for information alleging that Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur have been stored or Released at the Premises or that conditions at the Premises are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of requesting information regarding the Premisesuse, including copies thereof. Landlord shall have the rightstorage, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings release or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal potential Release of Hazardous Materials at Landlord’s sole cost and expensethe Premises.

Hazardous Materials. 44.1 Tenant shall not cause or permit any Hazardous Material (as defined in Subsection 45.3 below) to be brought, kept or used in or about the Building by Tenant’s use , its agents, employees, contractors or invitees except for ordinary office supplies reasonably used, operated and maintained in quantities which are standard for ordinary office purposes, and in accordance and compliance with law. Tenant hereby indemnifies Landlord from and against any breach by Tenant of the Premises shall comply with all Hazardous Materials Lawsobligations stated in the preceding sentence, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected and agrees to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim defend and hold Landlord harmless from and against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesloss, in accordance with all Hazardous Materials Laws and good business practices. During the Termdamage, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense and/or expenses (including, without limitation, Landlord’s reasonable diminution in value of the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees ' fees, consultant fees, and costsexpert fees) and with counsel chosen by Landlord, to join and participate in, which arise during or after the term of this Lease as a party if it so electsresult of such breach. This indemnification of Landlord by Tenant includes, any legal proceedings or actions initiated without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Materials ClaimsMaterial present in the soil or ground water on or under the Building which results from such a breach. Without limiting the foregoing, if the presence of any Hazardous Material in the Building caused or permitted by Tenant results in any contamination of the Building, Tenant shall promptly take all actions at its sole expense as are necessary to return the Building to the conditions existing prior to the introduction of such Hazardous Material to the Building; provided that the Landlord's approval of such actions, and the contractors to be used by Tenant in connection therewith, shall first be obtained. 44.2 Notwithstanding any provision in this Lease to the contrary, it shall not be unreasonable for Landlord represents and warrants to Tenant that: withhold its consent to any proposed transfer, assignment, or subletting of the Premises if (i) to Landlord’s knowledge, there are not pending claims or causes the proposed transferee's anticipated use of action arising out or relating to the Facility or the Premises as involves the generation, storage, use, treatment, or disposal of the Commencement DateHazardous Material; and (ii) the proposed transferee has been required by any prior landlord, lender, or governmental authority to Landlord’s knowledge, no Environmental Activities take remedial action in violation of any connection with Hazardous Materials Laws have occurred prior to Material contaminating a property if the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions contamination resulted from such transferee's actions or use of the Premises property in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.question; or

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual not use, generate, manufacture, ------------------- produce, store, release, discharge, or suspected problem through the removal of Hazardous Materials or otherwisedispose of, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about the Premises or any portion part of the Project, or transport to or from the Premises or any part of the Project, any Hazardous Material (as defined below) or allow its employees, agents, contractors, licensees, invitees or any other person or entity to do so. (1) Notwithstanding the foregoing, Tenant shall be permitted to use and store in, and transport to and from, the Premises the Hazardous Materials ("Permitted Hazardous Materials") identified on Exhibit D hereto and by this --------- reference incorporated herein ("Permitted Hazardous Materials List") so long as: (a) each of the Permitted Hazardous Materials is used or stored in, or transported to and from, the Premises only to the extent necessary for Tenant's operation of its business at the Premises; (b) at no time shall any Permitted Hazardous Material be on, under or about the Premises in violation excess of the quantity specified therefor in the Permitted Hazardous Materials List, and (c) the conditions set forth in this Paragraph 9(b) are strictly complied with. The right to use and store in, and transport to and from, the Premises the Permitted Hazardous Materials is personal to Telegen Corporation, a California corporation, and any subsidiary corporations of which Telegen Corporation owns at least a fifty percent (50%) interest, and may not be assigned or otherwise transferred by Telegen Corporation without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. Any consent by Landlord pursuant to Paragraph 15 of this Lease to an assignment, transfer, subletting, mortgage, pledge, hypothecation or encumbrance of this Lease, and any interest therein or right or privilege appurtenant thereto, shall not constitute consent by Landlord to the use or storage in, or transportation to, the Premises of any Hazardous Materials Laws; Material (dincluding a Permitted Hazardous Material) Tenant’s discovery of by any occurrence such assignee, sublessee or condition on transferee unless Landlord expressly agrees otherwise in writing. Any consent by Landlord to the use or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications storage in, or transportation to or from the Premises, of any Hazardous Material (including a Permitted Hazardous Material) by an assignee, sublessee or transferee of Tenant shall not constitute a waiver of Landlord's right to refuse such consent as to any subsequent assignee or transferee. All amendments to the Permitted Hazardous Materials List shall be made in accordance with Paragraph 9(b)(17) hereof. (2) Tenant shall comply with and shall cause Tenant's employees, agents, contractors, licensees and invitees (collectively, "Tenant's Agents") to comply with, and shall keep and maintain the Premises and cause Tenant's Agents to keep and maintain the Premises, in compliance with all Environmental Laws (as defined below). Neither Tenant nor Tenant's Agents shall violate, or cause or permit the Premises to be in violation of, any Environmental Laws. Tenant shall, at its own expense prior to Tenant's use and occupancy, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion and regulatory approvals required for Tenant's use of the Premises. Tenant shall cause any and all Hazardous Materials removed from the Premises to be removed and transported solely by duly licensed handlers to duly licensed facilities for final disposal of such materials and wastes. Tenant acknowledges that the sewer piping at the Project is made of ABS plastic. Accordingly, without Landlord's prior written consent, which may be given or withheld in Landlord's sole discretion, only ordinary domestic sewage is permitted to be put into the drains at the Premises. UNDER NO CIRCUMSTANCES SHALL TENANT EVER DEPOSIT ANY ESTERS OR KETONES (USUALLY FOUND IN SOLVENTS TO CLEAN UP PETROLEUM PRODUCTS) IN THE DRAINS AT THE PREMISES. If Tenant desires to put any substances other than ordinary domestic sewage into the drains, it shall first submit to Landlord a complete description of each such substance, including copies thereofits chemical composition, and a sample of such substance suitable for laboratory testing. Landlord shall have promptly determine whether or not the rightsubstance can be deposited into the drains and its determination shall be absolutely binding on Tenant. Upon demand, and except Tenant shall reimburse Landlord for expenses incurred by Landlord in making such determination. If any items noted on Exhibit “D” at substances not so approved hereunder are deposited in the drains in Tenant’s sole cost and expense ('s Premises, Tenant shall be liable to Landlord for all damages resulting therefrom, including, without limitationbut not limited to, Landlord’s reasonable attorneys’ fees all costs and costs) and with counsel chosen expenses incurred by Landlord, to join and participate in, as a party if it Landlord in repairing or replacing the piping so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensedamaged.

Hazardous Materials. Tenant’s use (i) Any Hazardous Materials that are placed, manufactured, or stored on the Property, must be placed, manufactured, stored, removed, treated, or disposed of in compliance with all Environmental Requirements. (ii) The Borrower shall (1) give written notice to the Lender immediately upon acquiring knowledge of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation presence of any Hazardous Materials Laws by Tenant during on the Term Property or if Tenant has received notice of any Hazardous Materials Claim Contamination, with a full description thereof, and (2) comply promptly with all Environmental Requirements requiring the removal, treatment or disposal of Hazardous Materials or Hazardous Materials Contamination and provide the Lender with satisfactory evidence of compliance. At the option of the Lender, compliance may include an Environmental Assessment. If the Borrower fails to cause any such action to be taken, the Lender may make advances or payments necessary to comply with Environmental Requirements, including any Environmental Assessments deemed necessary by the Lender, but shall be under no obligation to do so. All sums advanced, including all sums advanced in connection with any judicial or administrative investigation or proceeding relating to Environmental Requirements, including attorneys’ fees, fines or other penalty payments, shall be paid by the Borrower to the Lender upon demand, with interest thereon at a rate equal to 12% per annum from the date of advancement, and any such advances shall be a part of the Obligations secured by this Deed of Trust. (iii) The Borrower shall indemnify, defend, and hold the State, the Lender, and the Trustees harmless against any portion of Claim that may be asserted against the Premises State, the Lender, or the Trustees as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation presence of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of on the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws Property or Hazardous Materials Claims with respect to any portion Contamination, and against all Expenses. Upon the written demand of the PremisesLender, including copies thereofthe Borrower shall diligently defend any Claim subject to indemnification under this subsection at the Borrower’s expense by counsel approved the Lender. Landlord shall have Alternatively, the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with Lender may elect to conduct its own defense through counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or Lender at the Premises as expense of the Commencement Date; Borrower. The provisions of this Section 4.02(h) shall survive termination of this Deed of Trust and (ii) to Landlord’s knowledge, no Environmental Activities in violation repayment of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied Loan and the Note in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: , to Landlord’s actual knowledge, (i) no leak, spill, discharge, emission or disposal of hazardous or toxic material or substance in a concentration sufficient to Landlord’s knowledgebe characterized as “hazardous” or “toxic” under local, there are not pending claims state or causes of action arising out federal environmental law, statute or relating to regulation (“Hazardous Materials”) has occurred on the Facility Premises or the Premises Project in violation of Applicable Laws, except as of the Commencement Date; shall have been fully remediated in full compliance with all Applicable Laws, and (ii) the soil, groundwater, and sewer vapor on or under the Project are free of Hazardous Materials in amounts required to Landlord’s knowledgebe treated, no Environmental Activities in violation remediated, or removed pursuant to Applicable Laws as of the date hereof. Tenant shall not have any liability for (i) any Hazardous Material brought onto the Premises or the Project prior to the Possession Date unless Tenant brought them (“Pre-Commencement Hazardous Material Conditions”), or (ii) any effects arising out of or caused by any such Pre-Commencement Hazardous Material Condition (other than as caused by Tenant), including, without limitation, any contamination or injury to person, property or the environment or any liabilities or costs associated with the investigation, removal, remediation, restoration and/or abatement thereof, or of any actual or suspected contamination therein involved, regardless of whether the effects of such Pre-Commencement Hazardous Material Condition are known as of the Possession Date or arise and/or are discovered at any time after the Possession Date. All liabilities relating to any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of are created or brought onto the Premises in existence prior to or the Commencement DateProject from and after the Possession Date by persons, andentities or instrumentalities other than Tenant or its agents, if required by lawemployees, Landlord hereby agrees to remedy any such actual or suspected problem through contractors shall not be the removal responsibility of Hazardous Materials at Tenant. Landlord’s sole cost and expenseTenant’s obligations and liabilities under this Article shall survive the termination of this Lease.

Hazardous Materials. Tenant’s use of (A) No Hazardous Materials (as defined herein) shall be Handled (as defined herein) upon, about, above or beneath the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; Building by or on behalf of a Responsible Party (c) any remedial action taken by Tenant in response to any as defined herein), unless the Hazardous Materials Claims or any are listed in Exhibit D hereto and then only in the quantities listed in the exhibit. Any such Hazardous Materials onso Handled, under or about the presence of which is a result of the act or omission of a Responsible Party, shall be known as Tenant's Hazardous Materials. Notwithstanding the foregoing, normal quantities of those Hazardous Materials customarily used in the conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies) may be Handled at the Premises without Landlord's prior written consent. Tenant's Hazardous Materials shall be Handled at all times in compliance with all applicable Environmental Laws (as defined herein). (B) Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision, or necessary for Landlord to make full economic use of the Premises or any portion of the Premises in violation Building, which requirements or necessity arises from the Handling of any Tenant's Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence upon, about, above or condition on beneath the Premises or in the vicinity of any portion of the Building. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises that materially increase the risk that or any portion of the Building, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Tenant shall take all actions necessary to restore the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating Building to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred condition existing prior to the Commencement Date introduction of Tenant's Hazardous Materials, notwithstanding any less stringent standards or remediation allowable under applicable Environmental Laws. Tenant shall nevertheless obtain Landlord's written approval prior to undertaking any actions required by this Section, which approval shall not be unreasonably withheld so long as such actions would not potentially have not been remedied in full. Notwithstanding anything to a material adverse long-term or short-term effect on the contrary contained herein, in no event shall Tenant be responsible for conditions Premises or any portion of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseBuilding.

Hazardous Materials. Tenant’s use Subject to all of the TCCs of the Lease (including, but not limited to, the provisions of Section 29.33 of the Office Lease), Tenant will be permitted to have small quantities of Hazardous Materials in the Substitute Premises shall comply so long as such Hazardous Materials are used in connection with the Permitted Use of the Substitute Premises and are kept, used and stored in compliance with all Applicable Laws. If Tenant elects to bring Hazardous Materials into the Substitute Premises (as more particularly contemplated by the foregoing), such Hazardous Materials shall be stored, properly packaged and labeled, disposed of and/or used in accordance with applicable Environmental Laws. In addition, except for any items set forth on Exhibit “D”. If any Environmental Activities occur Tenant agrees that it: (i) shall not cause or are suspected suffer to have occurred in violation occur, the release, discharge, escape or emission of any Hazardous Materials Laws by at, upon, under or within the Substitute Premises or any contiguous or adjacent premises; (ii) shall not engage in activities at the Substitute Premises that could result in, give rise to, or lead to the imposition of liability upon Tenant during or Landlord or the Term creation of a lien upon the building or if Tenant has received notice land upon which the Substitute Premises is located; (iii) shall notify Landlord promptly following receipt of any knowledge with respect to any actual release, discharge, escape or emission (whether past or present) of any Hazardous Materials Claim against at, upon, under or within the Substitute Premises; and (iv) shall promptly forward to Landlord copies of all orders, notices, permits, applications and other communications and reports in connection with any portion release, discharge, escape or emission of any Hazardous Materials at, upon, under or within the Substitute Premises as or any contiguous or adjacent premises. At any time following Tenant's receipt of a result of Tenant’s acts or omissions during the Termrequest from Landlord, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through complete a "hazardous materials questionnaire" using the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen form then-provided by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials on the Property: A. Landlord hereby makes the following representations to Tenant’s , each of which is made to the best of Landlord's knowledge as of the Commencement Date: (1) The soil and ground water on or under the Property does not contain Hazardous Materials in amounts which violate any Hazardous Materials Laws to the extent that any governmental entity could require either Landlord or Tenant to take any remedial action or impose any penalties with respect to such Hazardous Materials. (2) During Landlord's period of ownership, no litigation or any administrative proceeding has been brought or threatened, nor any settlements reached with any governmental or private party, concerning the actual or alleged presence of Hazardous Materials on or about the Property or any disposal, release or threatened release of Hazardous Materials in or about the Property. (3) During the time that Landlord has owned the Property, Landlord has received no notice of (i) any violation, or alleged violation, of any Hazardous Material Law that has not been corrected to the satisfaction of the appropriate authority, (ii) any pending claims relating to the presence of Hazardous Material on the Property, or (iii) any pending investigation by any governmental agency concerning the Property relating to Hazardous Materials. (4) The Property does not contain any (i) equipment containing PCBs, or (ii) underground storage tanks. B. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's agents, employees, contractors, invitees or subtenants after the Commencement Date in or about the Property shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Property by Tenant or Tenant's agents, employees, contractors, invitees or subtenants after the Commencement Date. C. If the presence of Hazardous Materials on the Property caused or permitted by Tenant or Tenant's agents, employees, contractors, invitees or subtenants after the Commencement Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all action necessary to clean up such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Property or any part thereof. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with any removal, clean-up and restoration work and materials required hereunder to return the Property to its condition existing prior to the appearance of such Hazardous Materials. D. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Property, and (ii) any contamination of the Property by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Landlord and Tenant agree to keep such information confidential, except for (i) disclosures that are approved by the other party, (ii) disclosures required by Law or (iii) disclosures to any environmental consultant, lender, purchaser, prospective purchaser, attorneys for either Landlord or Tenant, or brokers for either Landlord or Tenant, so long as an agreement of confidentiality is obtained from a party to whom the disclosure is to be made, and (iv) disclosures in connection with any litigation or administrative proceeding in which either Landlord or Tenant is involved. Tenant and Tenant's agents, employees, contractors, invitees or subtenants shall not bring Hazardous Materials onto the Property without first obtaining the written consent of Landlord; provided, however, Tenant may, without being required to obtain the prior written consent of Landlord, use at the Premises in small quantities office supplies, cleaning materials and other maintenance materials that are customarily used in business offices, even though such supplies and materials may fall within the definition of Hazardous Materials. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Property, the nature of such use, and the manner of storage and disposal. E. Landlord may cause testing xxxxx to be installed on the Property, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. Any such installation of xxxxx or tests shall be done in a manner which minimizes the interference with Tenant's use of the Premises. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such xxxxx shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in subparagraph 7.2B or 7.2C, and Tenant's liability is established in a judicial or administrative proceeding, or in an action for declaratory relief brought by Landlord. F. Landlord, at its sole cost, shall comply with all Hazardous Materials Laws affecting the Property (without right of reimbursement from Tenant) to the extent that (i) Landlord is legally obligated to do so by such Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur and (ii) such compliance (or are suspected the cost of such compliance) is not made the responsibility of Tenant pursuant to have occurred in violation of any Hazardous Materials Laws by subparagraph 7.2B or subparagraph 7.2C. Landlord shall indemnify, defend upon demand with competent counsel, and hold harmless Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim from and against any portion of and all liability for response costs imposed upon Tenant by any governmental agency pursuant to the Premises Federal Law known as a result of Tenant’s acts or omissions during "CERCLA" (more particularly identified in subparagraph 7.2G) and the Termcomparable California statute (commonly known as the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substances Account Act, Tenant shall promptly obtain all permits California Health and approvals necessary to remedy any such actual or suspected problem through Safety Code Section 25300 ET. SEQ.) that results from the removal presence of Hazardous Materials on the Property not caused or otherwisecontributed to by the use, and upon Landlord’s approval storage, treatment, release or disposal of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practiceson or about the Property by Tenant, its subtenants, or their respective agents, employees, contractors, or invitees. During Notwithstanding the Termforegoing, Tenant shall immediately advise the indemnity given by Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims immediately preceding sentence shall not apply with respect to liability caused by any portion contamination of the PremisesProperty by a Hazardous Material that is or has been used, including copies thereofstored, treated, released or disposed of on the Property by Tenant, its subtenants, or their respective agents, employees, contractors, or invitees unless Tenant can prove such contamination was not caused or contributed to by any of such parties. G. 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 California or the United States Government. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingThe term "Hazardous Material," includes, without limitation, Landlord’s reasonable attorneys’ fees asbestos, PCB's, petroleum and costs) petroleum products, and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings material or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Landlord’s knowledge, there are not pending claims or causes Article 11 of action arising out or relating to the Facility or the Premises as Title 22 of the Commencement Date; and California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Landlord’s knowledgeSection 1004 of the Federal Resource Conservation and Recovery Act, no 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Activities in violation Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial.

Hazardous Materials. Tenant’s use 20.01. Tenant shall and hereby does agree to pay, protect, defend, indemnify and hold Landlord harmless from and against any and all loss, damages, expenses, fees, claims, costs and liabilities (including, but not limited to, attorneys’ fees and costs of litigation) arising out of or in any manner related to the generation, storage use, treatment or disposal of Hazardous Materials or violation of Hazardous Materials Laws at the Premises and the Common Area by Tenant or its agents, employees or contractors. Landlord shall comply with and hereby does agree to pay, protect, defend, indemnify and hold Tenant harmless from and against any and all loss, damages, expenses, fees, claims, costs and liabilities (including, but not limited to attorney’s fees and cost of litigation) arising out of or in any manner related to the generation, storage, use, treatment or disposal of Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of Hazardous Materials Laws at the Premises by Landlord or its agents, employees or contractors. 20.02. Tenant covenants and agrees that (a) it will not violate any Hazardous Materials Laws by Tenant during (b) no activity shall be undertaken on the Term Premises or if Tenant has received notice the Common Area which would cause: (i) the Premises or the Common Area to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Premises or the Common Area within the ambit of, any Hazardous Material Law, (ii) a release or threatened release of Hazardous Material from the Premises or the Common Area within the meaning of, or otherwise bring the Premises or the Common Area within the ambit of, any Hazardous Material Law, or (iii) the discharge of Hazardous Material into any watercourse, body of surface or subsurface water or wetland, or into the atmosphere of any Hazardous Materials Claim against any portion of the Premises as Material which would require a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of permit under any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the PremisesMaterial Law; (c) any remedial action taken by Tenant in response no activity shall be undertaken with respect to the Premises or the Common Area which would cause a violation or support a claim under any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials LawsMaterial Law; (d) Tenant’s discovery of any occurrence no underground storage tanks or condition underground deposits will be located on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseCommon Area.

Hazardous Materials. Tenant shall not knowingly cause or permit any ------------------- hazardous material to be brought upon, kept, or used in or about the Premises by Tenant’s use , its agents, employees, contractors or invitees. If the Premises are, through Tenant's fault, contaminated by hazardous materials, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgements, damages. penalties, fines, costs, liabilities or losses (including without limitation, diminution to value or useable space or of any amenity of the Premises shall comply with all Hazardous Materials LawsPremises), except for damages arising from ally adverse impact on marketing of space, and sums paid in settlement of claims, attorney's fees, consultants fees and expert fees (including any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant appeals) which arise during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises lease term as a result of Tenant’s acts any such contamination. This Indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or omissions during any clean up, remediation. removal or restoration work required by any federal, state or local government agency or political subdivision because of hazardous material present to the Termsoil or ground water on of under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises to detected, Tenant shall promptly obtain take all permits and approvals actions at its sole expense as are necessary to remedy any such actual or suspected problem through return the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem Premises to the satisfaction condition existing prior to the contamination or introduction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of such hazardous material to the Premises; (c) provided, however, that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, so long as such actions would not potentially have any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition material adverse effect on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises. As used herein, including copies thereofthe term hazardous materials means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local government authority, the state of Florida or the United States government. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingThe term "hazardous material" includes, without limitation, Landlord’s reasonable attorneys’ fees and costsany material or substance that Is (1) and with counsel chosen by Landlord, to join and participate in, defined as a party if it so elects"hazardous substance" under appropriate state law provisions, any legal proceedings (2) petroleum, (3) asbestos, (4) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1321), (5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 890), (6) defined as a hazardous substance pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601), or actions initiated in connection with any Hazardous Materials Claims(7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act (the regulation of underground storage tanks). (42 USC 4891). Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or certifies that the Premises are clean and free from any hazardous materials as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation Date of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s Sublessor hereby agrees that to the extent any Hazardous Materials are currently located in, on or around the Subleased Premises and to the extent any Hazardous Materials are found in, on or around the Subleased Premises and/or the Land after the date of full execution and delivery of this Sublease and same were not placed in the Subleased Premises by Sublessee, its agents, employees, contractors, invitees or licensees, Sublessor shall be responsible for all costs in connection with same, which costs shall not be included in Operating Expenses. Sublessor agrees to promptly remediate all such Hazardous Materials to the extent required by law (or any governmental agency with jurisdiction thereon) to be removed, shall keep Sublessee informed as to the scheduling of any such remedial or related work, and shall indemnify, defend and hold Sublessee harmless in connection therewith. Sublessor acknowledges that in connection with this Sublease, Sublessee shall be performing a Phase 1 environmental survey and conducting other environmental and related testing. Sublessor warrants, that except as provided by Exhibit “H” attached hereto and made a part hereof (the “Disclosure Notice”), neither Sublessor, the Prime Lessor nor any preceding owners, lessees or sublessees of the Land or Subleased Premises have used all, or any portion, of same for the production, disposal or storage of any Hazardous Materials (as defined below), and Sublessor is not aware of any such prior use or any proceeding or inquiry by a governmental authority with respect to the presence of such waste or substance on the property or the movement thereof from or to adjoining property. Sublessor warrants there is no asbestos in the Subject Building and Parking Facility. Sublessor will not, at any time, use or permit the use of any portion of Subleased Premises, the Premises shall comply with all Hazardous Materials LawsBuildings, except for Parking Facilities, the Land beneath any items set forth on Exhibit “D”. If any Environmental Activities occur of them, or are suspected the Site, to have occurred be used in violation of any Applicable Laws, including those relating to environmental conditions on, under or about the Site, including but not limited to asbestos, soil and ground water conditions and Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of TenantMaterials. Further, Sublessor’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through cost for the removal of Hazardous Materials from Sublessor’s Subleased Premises or otherwisethe Project shall be excluded from Operating Expenses which would otherwise be passed through to Sublessee inclusive of any material which is deemed toxic presently or in the future. Sublessor shall defend, indemnify and hold Sublessee harmless from and against any and all losses, costs (including reasonable attorneys’ fees), liabilities and claims arising from any violations of the Applicable Laws and/or the existence of Hazardous Materials that are now or hereinafter become located in, on or under the Site, and upon Landlord’s approval shall assume full responsibility and cost to remedy such violations and/or the existence of Hazardous Materials, provided and to the extent that such violation or the existence of Hazardous Materials is not caused by Sublessee. Hazardous Materials shall include, but shall not be limited to, substances requiring investigation, removal or remediation under any federal, state or local statute, regulation, ordinance or policy including substances defined as “hazardous substances” or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 1802; the Resource Conservation Recovery Act, 42 U.S.C. Section 6901, et. seq.; or those substances defined as “hazardous wastes” in applicable codes in the State of California or the State where the Premises are located and in the regulations adopted and publications promulgated to such codes. Sublessee shall have the right to use and store Hazardous Materials (so long as such does not require a permit under the Resource Conservation Recovery Act) in the Subleased Premises with concurrent notice of such to Sublessor including any applicable Material Safety Data Sheets. Sublessee shall not, at any time, use any portion of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities Subleased Premises or Project in violation of any Hazardous Materials Laws; Regulations. Sublessee shall defend, indemnify and hold Sublessor harmless from and against any and all losses, costs (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees fees), liabilities and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to from the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethat hereinafter become located in, on or under the Project caused by Sublessee.

Hazardous Materials. Tenant’s use of (a) Tenant (i) will not conduct any activity on the Premises shall comply with all that will use or produce any Hazardous Materials LawsMaterials, except for such activities that are both (1) part of the ordinary course of Tenant’s business activities and (2) conducted in accordance with all Environmental Laws; (ii) will not use the Premises in any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation manner for the storage of any Hazardous Materials Laws by Tenant during except for storage of such materials that are both (1) used in the Term or if Tenant has received notice ordinary course of Tenant’s business and (2) properly stored in a manner and location satisfying all Environmental Laws; (iii) will not install any underground tanks of any type; and (iv) will not permit any Hazardous Materials Claim against to be brought onto the Premises, except in the ordinary course of Tenant’s business and in compliance with all Environmental Laws. If any portion Hazardous Materials are brought or found on the Premises in violation of the above provisions of this Section, the same shall be immediately removed by Tenant, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any time during or after the Lease Term the Premises are found to be so contaminated or subject to such conditions as a result of Tenant’s failure to comply with the foregoing provisions, Tenant shall defend, indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of such failure. Tenant will maintain on the Premises a list of all materials stored at the Premises for which a material safety data sheet (an “MSDS”) was issued by the producers or manufacturers thereof, together with copies of the MSDS’s for such materials, and shall deliver such list and MSDS copies to Landlord upon Landlord’s request therefor. Tenant shall remove all Hazardous Materials existing in or on the Premises as a result of the activities of Tenant or any of Tenant’s acts or omissions during Invitees in a manner acceptable to Landlord before the Termearlier of the date Tenant vacates the Premises and the date Tenant’s right to possess the Premises ends. Landlord may, subject to the provisions of Section 7.10, enter the Premises and conduct environmental inspections and tests therein as it may require from time to time, provided that Landlord shall use reasonable efforts to minimize the interference with Tenant’s business and shall provide Tenant with a copy of any final reports from such inspections and tests, and provided further than any invasive inspections and tests shall promptly obtain all permits and approvals be subject to the immediately following sentence. Such environmental inspections may include invasive work so long as (a) Landlord has a good faith reason to believe that invasive work is necessary to remedy identify Hazardous Materials conditions in violation of law, based on observed or known conditions, (b) Landlord consults with Tenant regarding the scope and necessity for such invasive work prior to undertaking the same, (c) any damage caused by such actual or suspected problem through invasive work is promptly repaired by Landlord at its sole cost and expense, (d) any invasive work is carried out after regular business hours and with all measures reasonably taken to avoid damaging property of Tenant, and (d) Landlord obtains split samples of any materials that are tested and provides Tenant with such materials so that Tenant can conduct its own inspection and tests. Such inspections and tests shall be conducted at Landlord’s expense, unless they reveal the removal presence of Hazardous Materials in violation of the above provisions of this Section or otherwisethat Tenant has not complied with the requirements of this Section, and upon in which case Tenant shall reimburse Landlord for the reasonable out-of-pocket cost thereof within 30 days after Landlord’s approval request therefor to the extent resulting from Tenant’s violation of the remediation plan, remedy any such problem above provisions. (b) Landlord represents to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: that (a) any Environmental Activities attached hereto as Schedule 5.3 is a list of all third party environmental reports in violation Landlord’s possession or control with respect to the Project, copies of which have been provided to Tenant, and (b) except as disclosed in such reports, Landlord does not have actual knowledge of the existence of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of at the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises Project in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Environmental Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; date of this Lease. Landlord will indemnify, defend and (ii) to Landlord’s knowledgehold Tenant harmless from and against any and all liabilities, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to claims, costs and expenses arising from the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlordthe Project in violation of Environmental Laws as of the date of this Lease or caused by or through Landlord (whether before or after the date of this Lease), except to the extent resulting from the activities of Tenant or any of Tenant’s sole cost and expenseInvitees.

Hazardous Materials. As used in this Lease, “Hazardous Materials” shall include, but not be limited to, hazardous, toxic and radioactive materials and those substances defined as “hazardous substances,” “hazardous materials,” “hazardous wastes,” “toxic substances,” or other similar designations in any Regulation. Tenant shall not cause, or allow any of Tenant’s use of the Premises shall comply with all Hazardous Materials LawsParties to cause, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term to be handled, used, generated, stored, released or if Tenant has received notice disposed of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termin, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises Premises, the Building or the Project or surrounding land or environment in violation of any Regulations. Tenant must obtain Landlord’s written consent prior to the introduction of any Hazardous Materials Lawsonto the Project. Notwithstanding the foregoing, Tenant may handle, store, use and dispose of products containing small quantities of Hazardous Materials for “general office purposes” (such as toner for copiers to the extent customary and necessary for the Permitted Use of the Premises; (d) Tenant’s discovery provided that Tenant shall always handle, store, use and dispose of any occurrence such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises, Building, or condition on Project or surrounding land or environment. Tenant shall immediately notify Landlord in the vicinity writing of any Hazardous Materials’ contamination of any portion of the Premises that materially increase the risk that any portion Project of the Premises will be exposed to Hazardous Materials; and (e) all communications to which Tenant becomes aware, whether or from not caused by Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the rightright at all reasonable times and if Landlord determines in good faith that Tenant may not be in compliance with this Paragraph 4.D to inspect the Premises and to conduct tests and investigations to determine whether Tenant is in compliance with the foregoing provisions, the costs of all such inspections, tests and except for investigations to be borne by Tenant. Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord), protect and hold Landlord harmless from and against any items noted on Exhibit “D” at and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys’ and consultants’ fees and court costs), demands, causes of action, or judgments directly or indirectly rising out of or related to the use, generation, storage, release, or disposal of Hazardous Materials by Tenant or any of Tenant’s sole cost and expense (includingParties in, on, under or about the Premises, the Building or the Project or surrounding land or environment, which indemnity shall include, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlorddamages for personal or bodily injury, to join and participate inproperty damage, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating damage to the Facility environment or natural resources occurring on or off the Premises as of Premises, losses attributable to diminution in value or adverse effects on marketability, the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation cost of any Hazardous Materials Laws have occurred investigation, monitoring, government oversight, repair, removal, remediation, restoration, abatement, and disposal, and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the Commencement Date which have not been remedied in fullexpiration or earlier termination of this Lease. Notwithstanding anything Neither the consent by Landlord to the contrary contained hereinuse, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Dategeneration, andstorage, if required by law, Landlord hereby agrees to remedy any such actual release or suspected problem through the removal disposal of Hazardous Materials at Landlordnor the strict compliance by Tenant with all laws pertaining to Hazardous Materials shall excuse Tenant from Tenant’s sole cost and expenseobligation of indemnification pursuant to this Paragraph 4.D. Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply in all material respects with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in material violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received written notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermPremises, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual violation or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem claim to the reasonable satisfaction of Landlord and in accordance in all material respects with all applicable governmental authorities, in accordance with all as required by Hazardous Materials Laws Laws. Tenant and good business practices. During the Term, Tenant Landlord shall immediately promptly advise Landlord one another in writing of: upon receiving written notice of (a) any Environmental Activities in material violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or Landlord in connection with the Premises (or any portion of the Premises); (c) any remedial action taken by Tenant or Landlord in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in material violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises of which Tenant or Landlord, as applicable, has actual knowledge and that materially increase increases the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all material communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Lease, if any Hazardous Materials are discovered on or under any portion of the Facility in violation of any Hazardous Materials Law, the Term shall be automatically extended with respect to the Facility only and this Lease shall remain in full force and effect with respect to the Facility only until the earlier to occur of (i) the completion of all remedial action or monitoring, as reasonably approved by Landlord, in accordance with all Hazardous Materials Laws, or (ii) the date specified in a written notice from Landlord to Tenant terminating this Lease (which date may be subsequent to the date upon which the Term was to have expired). Notwithstanding the foregoing, unless the Initial Term of this Lease is renewed pursuant to Section 1, above, in no event shall the provisions of this Section 8.4 extend the Term for the Facility beyond June 30, 2050 as to the Facility; provided, however, that Tenant’s obligations to complete all remedial action or monitoring pursuant to this Section 8.4 shall survive any such termination of the Term. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Landlord and Tenant agree as follows with respect to the existence or use of Hazardous Materials on the Property: A. Landlord hereby makes the following representations to Tenant’s , each of which is made to the best of Landlord's knowledge as of the Commencement Date: (1) The soil and ground water on or under the Property does not contain Hazardous Materials in amounts which violate any Hazardous Materials Laws to the extent that any governmental entity could require either Landlord or Tenant to take any remedial action or impose any penalties with respect to such Hazardous Materials. (2) During Landlord's period of ownership, no litigation or any administrative proceeding has been brought or threatened, nor any settlements reached with any governmental or private party, concerning the actual or alleged presence of Hazardous Materials on or about the Property or any disposal, release or threatened release of Hazardous Materials in or about the Property. (3) During the time that Landlord has owned the Property, Landlord has received no notice of (i) any violation, or alleged violation, of any Hazardous Material Law that has not been corrected to the satisfaction of the appropriate authority, (ii) any pending claims relating to the presence of Hazardous Material on the Property, or (iii) any pending investigation by any governmental agency concerning the Property relating to Hazardous Materials. (4) The Property does not contain any (i) equipment containing PCBs, or (ii) underground storage tanks. B. Any handling, transportation, storage, treatment, disposal or use of Hazardous Materials by Tenant and Tenant's agents, employees, contractors, invitees or subTenants after the Commencement Date in or about the Property shall strictly comply with all applicable Hazardous Materials Laws. Tenant shall indemnify, defend upon demand with counsel reasonably acceptable to Landlord, and hold harmless Landlord from and against any and all liabilities, losses, claims, damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the use, storage, treatment, transportation, release, or disposal of Hazardous Materials on or about the Property by Tenant or Tenant's agents, employees, contractors, invitees or subTenants after the Commencement Date. C. If the presence of Hazardous Materials on the Property caused or permitted by Tenant or Tenant's agents, employees, contractors, invitees or subTenants after the Commencement Date results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination, then Tenant shall promptly take any and all action necessary to clean up such contamination if required by Law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Property or any part thereof. Tenant shall further be solely responsible for, and shall defend, indemnify and hold Landlord and its agents harmless from and against, all claims, costs and liabilities, including attorneys' fees and costs, arising out of or in connection with any removal, clean-up and restoration work and materials required hereunder to return the Property to its condition existing prior to the appearance of such Hazardous Materials. D. Landlord and Tenant shall each give written notice to the other as soon as reasonably practicable of (i) any communication received from any governmental authority concerning Hazardous Materials which relates to the Property, and (ii) any contamination of the Property by Hazardous Materials which constitutes a violation of any Hazardous Materials Law. Landlord and Tenant agree to keep such information confidential, except for (i) disclosures that are approved by the other party, (ii) disclosures required by Law or (iii) disclosures to any environmental consultant, lender, purchaser, prospective purchaser, attorneys for either Landlord or Tenant, or brokers for either Landlord or Tenant, so long as an agreement of confidentiality is obtained from a party to whom the disclosure is to be made, and (iv) disclosures in connection with any litigation or administrative proceeding in which either Landlord or Tenant is involved. Tenant and Tenant's agents, employees, contractors, invitees or subTenants shall not bring Hazardous Materials onto the Property without first obtaining the written consent of Landlord; provided, however, Tenant may, without being required to obtain the prior written consent of Landlord, use at the Premises in small quantities office supplies, cleaning materials and other maintenance materials that are customarily used in business offices, even though such supplies and materials may fall within the definition of Hazardous Materials. At any time during the Lease Term, Tenant shall, within five days after written request therefor received from Landlord, disclose in writing all Hazardous Materials that are being used by Tenant on the Property, the nature of such use, and the manner of storage and disposal. E. Landlord may cause testing xxxxx to be installed on the Property, and may cause the ground water to be tested to detect the presence of Hazardous Material by the use of such tests as are then customarily used for such purposes. Any such installation of xxxxx or tests shall be done in a manner which minimizes the interference with Tenant's use of the Premises. If Tenant so requests, Landlord shall supply Tenant with copies of such test results. The cost of such tests and of the installation, maintenance, repair and replacement of such xxxxx shall be paid by Tenant if such tests disclose the existence of facts which give rise to liability of Tenant pursuant to its indemnity given in subparagraph 7.2B or 7.2C, and Tenant's liability is established in a judicial or administrative proceeding, or in an action for declaratory relief brought by Landlord. F. Landlord, at its sole cost, shall comply with all Hazardous Materials Laws affecting the Property (without right of reimbursement from Tenant) to the extent that (i) Landlord is legally obligated to do so by such Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur and (ii) such compliance (or are suspected the cost of such compliance) is not made the responsibility of Tenant pursuant to have occurred in violation of any Hazardous Materials Laws by subparagraph 7.2B or subparagraph 7.2C. Landlord shall indemnify, defend upon demand with competent counsel, and hold harmless Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim from and against any portion of and all liability for response costs imposed upon Tenant by any governmental agency pursuant to the Premises Federal Law known as a result of Tenant’s acts or omissions during "CERCLA" (more particularly identified in subparagraph 7.2G) and the Termcomparable California statute (commonly known as the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substances Account Act, Tenant shall promptly obtain all permits California Health and approvals necessary to remedy any such actual or suspected problem through Safety Code Section 25300 et. seq.) that results from the removal presence of Hazardous Materials on the Property not caused or otherwisecontributed to by the use, and upon Landlord’s approval storage, treatment, release or disposal of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practiceson or about the Property by Tenant, its subTenants, or their respective agents, employees, contractors, or invitees. During Notwithstanding the Termforegoing, Tenant shall immediately advise the indemnity given by Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims immediately preceding sentence shall not apply with respect to liability caused by any portion contamination of the PremisesProperty by a Hazardous Material that is or has been used, including copies thereofstored, treated, released or disposed of on the Property by Tenant, its subTenants, or their respective agents, employees, contractors, or invitees unless Tenant can prove such contamination was not caused or contributed to by any of such parties. G. 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 California or the United States Government. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (includingThe term "Hazardous Material," includes, without limitation, Landlord’s reasonable attorneys’ fees asbestos, PCBs, petroleum and costs) petroleum products, and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings material or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: substance which is (i) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Landlord’s knowledge, there are not pending claims or causes Article 11 of action arising out or relating to the Facility or the Premises as Title 22 of the Commencement Date; and California Administrative Code, Division 4, Chapter 20, (ii) defined as a "hazardous waste" pursuant to Landlord’s knowledgeSection 1004 of the Federal Resource Conservation and Recovery Act, no 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903), or (iii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Activities in violation Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601). As used herein, the term "Hazardous Material Law" shall mean any statute, law, ordinance, or regulation of any governmental body or agency (including the U.S. Environmental Protection Agency, the California Regional Water Quality Control Board, and the California Department of Health Services) which regulates the use, storage, release or disposal of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial.

Hazardous Materials. Tenant’s 's use of the Premises (i) shall comply with all Hazardous Materials Laws, except for (ii) shall not result in any items set forth on Exhibit “D”Hazardous Materials Claims and (iii) shall not involve any Environmental Activities. If (x) any Environmental Activities occur occur, (y) if Landlord or are suspected to have occurred Tenant receive any notice of any Hazardous Materials Claims, or (z) if Tenant's use of any portion of the Premises results in any violation of any Hazardous Materials Laws by Tenant during the Term Law, or if Tenant Landlord has received notice of a reasonable belief that any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Termforegoing has occurred, then Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s 's approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: of (a) any Environmental Activities in Activities, (b) any violation of any Hazardous Materials Laws; (bc) any Hazardous Materials Claims against Tenant or any portion of the Premises; (cd) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (de) Tenant’s 's discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises is or will be exposed to Hazardous Materials; and (ef) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Notwithstanding any other provision of this Master Lease, if any Hazardous Materials are discovered on, under or about any portion of 9393.9 (NHP Portfolio Lease) the Premises, or any violation of any Hazardous Materials Law or any Hazardous Materials Claim occurs, the Term shall be automatically extended and this Master Lease shall remain in full force and effect until the earlier to occur of the completion of all remedial action or monitoring, as approved by Landlord, in accordance with all Hazardous Materials Laws, or the date specified in a written notice from Landlord to Tenant terminating this Master Lease (which date may be subsequent to the date upon which the Term was to have expired). Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s 's sole cost and expense (including, without limitation, Landlord’s 's reasonable attorneys’ ' fees and costs) and with counsel chosen by Landlord, to join join, participate in and participate indirect, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expense.

Hazardous Materials. Tenant’s use Neither Tenant nor any Permitted Person shall bring upon the Premises or possess thereon or make, produce or discharge thereon any hazardous or toxic materials, wastes or substances as such terms are defined in the Resource Conservation and Recovery Act (RECRA) (PL 94-590, 90 Stat. 2796 [1976] and amendments thereto, the Clean Water Act of 1972 (33 USC 1321 [f]) and subsequent amendments thereto, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (PL 96-510, 94 Stat. 27, 67 [1980] and subsequent amendments thereto, the rules and regulations of the United States Environmental Protection Agency promulgated thereunder, Chapter 403 Florida Statutes, and the rules and regulations of the Florida Department of Environmental Protection; and shall not bring upon or leave upon the Premises shall comply with all Hazardous Materials Lawsany containers, except for any items set forth on Exhibit “D”receptacles or the like containing such wastes, substances or materials. If any Environmental Activities occur materials, wastes or are suspected substances left on the Premises by Tenant or any Permitted Person should at any time be classified or determined by a governmental authority as substances required to be removed from the Premises or disposed of at a qualified hazardous waste or disposal site, Tenant shall be obligated at Tenant’s expense to remove and dispose of the same in a regulatory approved manner. Notwithstanding the foregoing prohibitions, should Tenant or any Permitted Person, while occupying or carrying on any operations or activities upon the Premises, cause the deposit on the Premises or any other area, of any such wastes, substances or materials which pursuant to any foregoing laws, statutes, rules or regulations or orders of any governmental entity or agency Owner might have occurred an obligation to clean up or participate in the cleanup from any such deposit area, Tenant shall assume all such obligations of Owner thereunder. Tenant hereby agrees to indemnify and save Owner harmless from any damages, expenses or liability resulting from any violation of any Hazardous Materials Laws the provisions of this paragraph by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against Permitted Person or any portion of other person present on the Premises as a result of Tenant’s the acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant or any portion Permitted Person. Tenant’s obligations under this paragraph, including Tenant’s indemnification obligations and Tenant’s obligations to remove and dispose of in an approved manner any such materials, substances or wastes brought upon or left upon the Premises; (c) any remedial action taken Premises by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) and Tenant’s discovery obligations to assume Owner’s obligations or liabilities for clean up as aforesaid shall be continuous and shall survive the expiration or termination of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.

Hazardous Materials. Tenant’s use of the Premises shall comply (i) Except in full compliance with all Applicable Law, there are no Hazardous Materials Lawspresent at, except for upon, under or within the Leased Property or released or transported to or from the Leased Property. (ii) No Governmental Actions have been taken, or are in process or have been threatened, which could reasonably be expected to subject the Leased Property, the Lender or the Lessor to any items set forth on Exhibit “D”. If Claims or Liens under any Environmental Activities occur Law which would have a materially adverse effect on the Lessor, the Lender or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant Leased Property. (iii) The Lessee has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals Environmental Permits necessary to remedy any such actual or suspected problem through operate the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, Leased Property in accordance with all Hazardous Materials Environmental Laws and good business practices. During is complying with and has at all times complied with all such Environmental Permits. (iv) With respect to the TermLeased Property, Tenant shall immediately advise Landlord in writing of: (a) no notice, notification, demand, request for information, citations, summons, complaint or order has been issued or filed to or with respect to the Lessee, and no penalty has been assessed on the Lessee and no investigation or review is pending or threatened by any Governmental Authority or other Person with respect to any alleged violation or liability of the Lessee under any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant Law. No material notice, notification, demand, request for information, citation, summons, complaint or any portion of the Premises; (c) any remedial action taken by Tenant in response order has been issued or filed to or with respect to any Hazardous Materials Claims other Person, no material penalty has been assessed on any other Person and no investigation or review is pending or threatened by any Hazardous Materials on, under Governmental Authority or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims the Leased Property with respect to any alleged material violation or liability under any Environmental Law by any other Person. (v) The Leased Property and each portion of the Premises, including copies thereof. Landlord shall have the rightthereof are presently in compliance with all Environmental Laws, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense there are no present or past facts, circumstances, activities, events, conditions or occurrences regarding the Leased Property (including, without limitation, Landlord’s reasonable attorneys’ fees and coststhe release or presence of Hazardous Materials) and with counsel chosen by Landlordthat could reasonably be anticipated to (A) form the basis of a Claim against the Leased Property, the Lender, the Lender or the Lessee, (B) cause the Leased Property to join and participate inbe subject to any restrictions on ownership, as a party if it so electsoccupancy, use or transferability under any legal proceedings Environmental Law, (C) require the filing or actions initiated in connection with recording of any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims notice or causes of action arising out or restriction relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal presence of Hazardous Materials at Landlord’s sole cost in the real estate records in the county or other appropriate municipality in which the Leased Property is located or (D) prevent or interfere with the continued operation and expensemaintenance of the Leased Property as contemplated by the Operative Documents.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: (a) not, nor shall Tenant allow any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant person to, manufacture, use, store, handle, transport, dispose of, spill, leak, dump, emit or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or release any Hazardous Materials on, under under, about or about any portion of from the Premises or the Property, except that Tenant may use office supplies or products (such as copier fluids or cleaning supplies) customarily used in violation the conduct of general business office activities, if, and only if, (1) such Hazardous Materials are used only in such quantities as are reasonably necessary for the operation of Tenant’s business and in strict compliance with all applicable Environmental Laws, and (2) Tenant immediately gives Landlord written notice of all such use of Hazardous Materials, specifically describing the manner in which such Hazardous Materials are used, handled and stored, the availability of any non-hazardous or less hazardous alternatives, the type and quantity of hazardous waste generated as a result of such use, handling and storage and the method and location where such wastes are disposed of and discharged, (b) at its sole cost and expense comply (and be responsible for the compliance of all its employees, agents and contractors, or any other persons occupying, present on, or removing any Hazardous Materials from the Premises) with all applicable Environmental Laws; , and (dc) Tenantupon Xxxxxx’s discovery receipt of all reports, citations, notices and other writings regarding any occurrence Hazardous Materials on, under, about or condition on migrating from the Premises or in the vicinity Property (or if written by Xxxxxx, upon its writing) immediately notify and provide a copy of same to Landlord. With respect to all Hazardous Materials released, spilled, leaked, dumped and emitted on, under, about or migrating from the Premises or the Property (if introduced by any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from TenantTenant Related Parties), any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the PremisesTenant shall, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense expense, immediately: (includingi) notify Landlord of same, (ii) remove such Hazardous Materials from the Premises, the Property and all other property on, under or about which the Hazardous Materials have migrated (or Landlord may elect to cause such removal and Tenant shall reimburse Landlord the cost thereof as Additional Rent), (iii) dispose of such Hazardous Materials in compliance with all applicable Environmental Laws (or Landlord may elect to cause such removal and Tenant shall reimburse Landlord the cost thereof as Additional Rent), and (iv) remediate and repair all damages arising from such release, spill, leak, dumping and emission (or Landlord may elect to cause such removal and Tenant shall reimburse Landlord the cost thereof as Additional Rent). Such remediation and repair shall include, without limitation, LandlordTenant’s reasonable attorneys’ fees and costsmodification of the HVAC system to (y) and with counsel chosen by Landlord, to join and participate inmeet the requirements of The Clean Air Act, as a party if it so electsamended (including all regulations promulgated thereunder), and all state and local air laws and regulations, and (z) reduce any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents odors and warrants to Tenant that: (i) airborne irritants to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensesatisfaction.

Hazardous Materials. Tenant’s use of the Premises shall comply with all Hazardous Materials Laws, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal of Hazardous Materials or otherwiseItself, and upon Landlord’s approval shall cause each of its Subsidiaries to: (1) Immediately advise the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord Agent in writing of: if (a) any Environmental Activities in violation of any Hazardous Materials Laws; (bi) any Hazardous Materials Claims against Tenant or any portion of the Premisesare hereafter asserted; (cii) any remedial action taken by Tenant in response quantity of Hazardous Materials has been released, discharged, or disposed of on, under, or from any Property, such release is reportable under applicable Hazardous Materials Laws to any Hazardous Materials Claims governmental agency or third party, and such incident has not been previously disclosed to Agent; (iii) any Hazardous Materials ondischarge, under release, or about any portion of the Premises in violation disposal of any Hazardous Materials Laws; (d) Tenant’s discovery in, on, or under any Property would, if remediation of such condition were required by any occurrence or condition on or applicable governmental agency with jurisdiction over such Property, result in the vicinity remediation costs in excess of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials$10,000.00; and (eiv) all communications upon removal of any underground or aboveground tanks used to store any Hazardous Materials, the characterization of any releases, discharges, or from Tenantdisposal of any Hazardous Materials is required under applicable Hazardous Materials Laws, and such characterization, and any material updates required by any governmental agency with jurisdiction over such incident, shall also be provided to Agent. Prior to the occurrence thereof, the formation of any Subsidiary following the Effective Date. (2) Use its best, commercially reasonable efforts to keep and maintain each Property in compliance with, and not cause or permit any Property to be in violation of, any governmental authority Hazardous Material Laws, and in all events shall ensure that in the event any discharge, release or disposal of any other Person relating to Hazardous Materials Laws has occurred in, on, under, or Hazardous Materials Claims with respect to about any portion Property that such incident: (i) does not have any material adverse impact upon the ability of the Premisesoperator of such Property to continue to operate the Property in substantially the same manner as occurred prior to the incident; and (ii) such operator complies with all orders, including copies thereof. Landlord shall have notices and other directives of any and all governmental agencies or authorities with jurisdiction over the rightincident, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and implementation of such remediation or abatement measures as may be required by such agencies or may be reasonably necessary to bring such Property into compliance with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any applicable Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseLaws.

Hazardous Materials. Without limiting the foregoing, Tenant shall not cause or permit any Hazardous Material (defined below) to be brought upon, kept or used in or about the Premises or Complex by Tenant’s , its agents, employees, contractors or invitees, in violation of law, without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant may use and store types and quantities of materials and substances which may be or contain hazardous substances, provided that the same are of the type and in the quantities customarily found or used in offices for use of similar businesses, including without limitation packaging materials, commercial cleaning fluids, paint and photocopier fluids. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Materials on the Premises or Complex caused or permitted by Tenant results in illlegal contamination of the Premises shall comply with all Hazardous Materials Lawsor Complex, except for any items set forth on Exhibit “D”. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion illegal contamination of the Premises as a result of Tenant’s acts or omissions during the TermComplex by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall promptly obtain all permits indemnify, defend and approvals necessary to remedy hold Landlord harmless from any such actual or suspected problem through the removal of Hazardous Materials or otherwise, and upon Landlord’s approval of the remediation plan, remedy any such problem to the satisfaction of Landlord and all applicable governmental authoritiesclaims, in accordance with all Hazardous Materials Laws and good business practices. During the Termjudgments, Tenant shall immediately advise Landlord in writing of: (a) any Environmental Activities in violation of any Hazardous Materials Laws; (b) any Hazardous Materials Claims against Tenant damages, penalties, fines, costs, liabilities or any portion of the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion of the Premises in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense losses (including, without limitation, Landlord’s reasonable diminution in value of the Premises or Complex, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or Complex, damages arising from any adverse impact on marketing of space in the Building, and sums paid in settlement of claims, attorneys’ fees, consultant fees and costsexpert fees) and with counsel chosen by Landlord, to join and participate in, which arise during or after the Term as a party if it so electsresult of such illegal contamination. This indemnification of Landlord includes, any legal proceedings or actions initiated without limitation, the obligation to reimburse Landlord for costs incurred in connection with any Hazardous Materials Claimscleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledgeWithout limiting the foregoing, there are not pending claims or causes of action arising out or relating to if the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation presence of any Hazardous Materials Laws have occurred Material in, on or about the Premises or Complex caused by or permitted by Tenant results in any illegal contamination of the Premises or Complex, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises or Complex to the condition existing prior to the Commencement Date which have not been remedied in fullintroduction of any Hazardous Material; provided, however, that Landlord’s approval of such action shall first be obtained. Notwithstanding anything to the contrary contained herein“Hazardous Material” shall mean, in no event shall Tenant be responsible for conditions of the broadest sense, any petroleum-based products, pesticides, paints, insolvents, polychlorinated, biphenyl, lead, cyanide, DDT, acids, ammonium compounds and other chemical products and any substance or material defined or designated as a hazardous or toxic, or other similar term, by any federal, state or local environmental statute, regulation or ordinance affecting the Premises or Complex presently in existence prior effect or that may be promulgated in the future, as such statutes, regulations and ordinances may be amended from time to time. In addition, Tenant shall execute affidavits, representations and the Commencement Date, and, if required by law, Landlord hereby agrees like from time to remedy any such actual or suspected problem through the removal of Hazardous Materials time at Landlord’s sole cost request concerning Tenant’s best knowledge and expensebelief regarding the presence of hazardous substances or materials on the Premises. In all events, Tenant shall indemnify Landlord in the manner elsewhere provided in this Lease from any release of hazardous materials on the Premises to the extent caused by, or resulting from the acts of, Tenant or Tenant’s employees, directors, partners, shareholders, contractors, agents, invitees or representatives occurring while Tenant is in possession, or elsewhere if caused by Tenant or persons acting under Tenant. The within covenants shall survive the expiration or earlier termination of the lease term.

Hazardous Materials. Except for ordinary and general office supplies typically used in the ordinary course of business within offices (some or all of which may constitute Hazardous Materials as defined in this Section 9.6) and which supplies shall be used by Tenant for their prescribed uses in accordance with customary office use, Tenant shall not cause or permit the escape, disposal or release of any biologically or chemically active or other substances or materials which are classified or deemed hazardous by any agency or are defined as hazardous under any local, state, or federal environmental statue or regulation, or as defined in CERCLA (42 U.S.C. subsections 9601(23) and (24))(“Hazardous Materials”). Tenant shall not allow the storage or use of such Hazardous Materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such Hazardous Materials, nor allow to be brought into the Building or onto the Property any such Hazardous Materials, except to use in the ordinary course of Tenant’s use of the Premises shall comply with all Hazardous Materials Lawsbusiness, and then, except for any items set forth on Exhibit “D”ordinary office supplies. If any Environmental Activities occur or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the TermIn addition, Tenant shall promptly obtain all permits execute such certificates or similar documents from time-to-time at Landlord’s lender’s request or at a prospective buyer’s request concerning Tenant’s best knowledge and approvals necessary to remedy any such actual or suspected problem through belief regarding the removal presence of Hazardous Materials or otherwise, and upon Landlord’s approval of on the remediation plan, remedy any such problem to the satisfaction of Landlord and Premises. In all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Termevents, Tenant shall immediately advise indemnify Landlord in writing of: the manner elsewhere provided in this Lease from any release of Hazardous Materials in the Premises or on the Property (aincluding, but not limited to, all costs of dealing with all governmental agencies with jurisdiction, testing, reporting, monitoring, remediation, clean-up or disposal for such Hazardous Materials) if caused by Tenant or persons acting under Tenant. This Section 9.6 shall survive the expiration or earlier termination of the Lease. Landlord shall indemnify Tenant in the manner elsewhere provided in this Lease from any Environmental Activities in violation liability which Tenant may incur as the result of any release of Hazardous Materials Laws; in the Building or on the Property or Lot (bincluding, but not limited to, all costs of, dealing with and responding to all government agencies with jurisdiction, testing, reporting, monitoring, remediation, clean-up or disposal for such Hazardous Materials) caused by Landlord or persons acting under Landlord, but excluding any tenant or person acting under a tenant. Landlord hereby represents and warrants that as of the date hereof, to the best of Landlord’s knowledge, i.e. that of the partners constituting Landlord, there are no Hazardous Materials Claims against Tenant on or any portion of about the Premises; (c) any remedial action taken , Building or Lot which are above the levels permitted by the California Environmental Protection Agency and other agencies with jurisdiction, and applicable laws. If Tenant in response knows, or has reasonable cause to any believe, that a Hazardous Materials Claims or any Hazardous Materials Substance has come to be located in, on, under or about any portion of the Premises in violation Premises, Building or Lot, other than as previously consented to by Landlord, Tenant shall promptly give Landlord written notice thereof, together with a copy of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence statement, report, notice, registration, application, permit, license, claim, action or condition on proceeding given to, or in the vicinity of any portion of the Premises that materially increase the risk that any portion of the Premises will be exposed to Hazardous Materials; and (e) all communications to or from Tenantreceived from, any governmental authority or any other Person relating to private party concerning the presence, spill release, discharge of, or exposure to, such Hazardous Materials Laws or Hazardous Materials Claims with respect to any portion of the Premises, including copies thereof. Landlord shall have the right, and except for any items noted on Exhibit “D” at Tenant’s sole cost and expense (including, without limitation, Landlord’s reasonable attorneys’ fees and costs) and with counsel chosen by Landlord, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims or causes of action arising out or relating to the Facility or the Premises as of the Commencement Date; and (ii) to Landlord’s knowledge, no Environmental Activities in violation of any Hazardous Materials Laws have occurred prior to the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expenseMaterial.

Hazardous Materials. (a) As-used in this Lease, the term “Hazardous Materials” shall mean and include any substance that is or contains petroleum, asbestos, polychlorinated biphenyls, lead, or any other substance, material or waste which is now or is hereafter classified or considered to be hazardous or toxic under any federal, state or local law, rule, regulation or ordinance relating to pollution or the protection or regulation of human health, natural resources or the environment (collectively “Environmental Laws”) or poses or threatens to pose a hazard to the health or safety of persons on the Premises or any adjacent property. (b) Tenant agrees that during its use and occupancy of the Premises it will not permit Hazardous Materials to be present on or about the Premises except in a manner and quantity necessary for the ordinary performance of Tenant’s business and that it will comply with all Environmental Laws relating to the use, storage or disposal of any such Hazardous Materials. (c) If Tenant’s use of Hazardous Materials on or about the Premises shall comply with all Hazardous Materials Lawsresults in a release, except for any items set forth on Exhibit “D”. If any Environmental Activities occur discharge or are suspected to have occurred in violation of any Hazardous Materials Laws by Tenant during the Term or if Tenant has received notice of any Hazardous Materials Claim against any portion of the Premises as a result of Tenant’s acts or omissions during the Term, Tenant shall promptly obtain all permits and approvals necessary to remedy any such actual or suspected problem through the removal disposal of Hazardous Materials on, in, at, under, or otherwiseemanating from, and upon Landlord’s approval of the remediation planPremises or the property in which the Premises are located, remedy any Tenant agrees to investigate, clean up, remove or remediate such problem to the satisfaction of Landlord and all applicable governmental authorities, in accordance with all Hazardous Materials Laws and good business practices. During the Term, Tenant shall immediately advise Landlord in writing of: full compliance with (a) the requirements of (i) all Environmental Laws and (ii) any governmental agency or authority responsible for the enforcement of any Environmental Activities in violation of any Hazardous Materials Laws; and (b) any Hazardous Materials Claims against Tenant or any portion additional requirements of Landlord that are reasonably necessary to protect the Premises; (c) any remedial action taken by Tenant in response to any Hazardous Materials Claims or any Hazardous Materials on, under or about any portion value of the Premises or the property in violation of any Hazardous Materials Laws; (d) Tenant’s discovery of any occurrence or condition on or in the vicinity of any portion of which the Premises that materially increase are located, Landlord shall also have the risk that any portion of right but not the Premises will be exposed obligation, to Hazardous Materials; and (e) all communications to or from Tenant, any governmental authority or any other Person relating to Hazardous Materials Laws or Hazardous Materials Claims take whatever action with respect to any portion such Hazardous Materials that it deems reasonably necessary to protect The value of the Premises or the property in which the Premises are located. All costs and expenses paid or incurred by Landlord in the exercise of such right shall be payable by Tenant upon demand. (d) Upon reasonable notice to Tenant, Landlord may inspect the Premises for the purpose of determining whether there exists on the Premises any Hazardous Materials or other condition or activity that is in violation of the requirements of this Lease or of any Environmental Laws. The right granted to Landlord herein to perform inspections shall not create a duty on Landlord’s part to inspect the Premises, including copies thereof. or liability on the part of Landlord for Tenant’s use, storage or disposal of Hazardous Materials, it being understood that Tenant shall have be solely responsible for all liability in connection therewith. (e) Tenant shall surrender the rightPremises to Landlord upon the expiration or earlier termination of this Lease free of debris, waste or Hazardous Materials placed on or about the Premises by Tenant or its agents, employees, contractors or invitees, and except for in a condition, which complies with all Environmental Laws. (f) Tenant agrees to indemnity and hold harmless Landlord from and against any items noted on Exhibit “D” at Tenant’s sole cost and expense all claims, losses (including, without limitation, Landlordloss in value of the Premises or the property in which the Premises are located), liabilities and expenses (including reasonable attorney’s reasonable attorneys’ fees and costsfees) and with counsel chosen sustained by Landlord, Landlord attributable to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with (i) any Hazardous Materials Claims. Landlord represents and warrants to Tenant that: (i) to Landlord’s knowledge, there are not pending claims placed on or causes of action arising out or relating to the Facility or about the Premises as of the Commencement Date; and by Tenant or its agents, employees, contractors or invitees or (ii) to LandlordTenant’s knowledge, no Environmental Activities in violation breach of any Hazardous Materials Laws have occurred prior to provision of this Section. (g) The provisions of this Section shall survive the Commencement Date which have not been remedied in full. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be responsible for conditions expiration or earlier termination of the Premises in existence prior to the Commencement Date, and, if required by law, Landlord hereby agrees to remedy any such actual or suspected problem through the removal of Hazardous Materials at Landlord’s sole cost and expensethis Lease.