Common use of Hazardous Materials Clause in Contracts

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject to the remaining provisions (a) For purposes of this ------------------- paragraphSublease, Lessee shall be entitled to use and store only those the term “Hazardous Materials (Material” means any hazardous substance, hazardous waste, infectious waste, petroleum product or toxic substance, material, or waste which becomes regulated or is defined below), that are necessary for Lessee's business, provided that as such usage and storage is in full compliance with all applicable by any local, state or federal governmental authority. Except for reasonable quantities of ordinary office supplies such as copier toners, liquid paper and federal statutes, orders, ordinances, rules ink and regulations common cleaning materials and solvents or other substances commonly used in non-hospital medical offices (as interpreted by judicial and administrative decisions). Lessor all of which shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials usedany event be kept, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental used only in accordance with applicable laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused Subtenant shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Subleased Premises or the Park by the acts or omissions of LesseeSubtenant, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agentsinvitees. Subtenant hereby agrees to indemnify Sublandlord from and against any breach by Subtenant of the obligations stated in the preceding sentence, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation agrees to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor Sublandlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and costs or losses (including, but not limited towithout limitation, diminution in value of the Building or the Park, damages for the loss or restriction or use of rentable space or of any amenity of the Park, damages arising from any adverse impact on marketing of space in the Building or the Park, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and consultant expert fees) arising from which arise during or related to after the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) Sublease Term as a result of such breach. This indemnification of Sublandlord by Subtenant includes, without limitation, costs incurred in connection with any investigation of site conditions and any cleanup, remedial removal, or restoration work required due to the presence of Hazardous Materials known to Lessor to exist on, under or about Material. Subtenant shall promptly notify Sublandlord of any release of a Hazardous Material in the Subleased Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are if caused by tenants other than Lessee of Subtenant or its agents or contractors) in the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Lessor shall hold Lessee harmless and indemnify Lessee from and assume all duties, responsibility and liability at Lessor's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions prior to the remaining provisions Effective Date; and b) any environmental or industrial hygiene conditions arising out of this ------------------- paragraphor in any way related to the condition of the Building or premises or activities conducted thereon, unless such environmental conditions are caused by Lessee. Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right comply at all times during the term with all Pinellas County, State of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests Florida and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental U.S. Government laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part concerning renovation of the Premises)leased premises. This compliance includes, caused by but is not limited to, a thorough written asbestos inspection and asbestos survey report, written notification, proper removal practices and proper disposal of regulated asbestos containing materials prior to any applicable renovation of the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consentdemised premises. Lessee shall indemnify, protect, defend and hold Lessor harmless from and against any and all claimsclaims arising out of, judgmentsin connection with, damagesor directly or indirectly arising out of the generation, penaltiestreatment, finesrelease, liabilitiesdisposal or transportation of regulated asbestos containing materials by Lessee, lossesor any successor, suitsassignee or sublessee of Lessee, administrative proceedings and costs (or their respective agents, contractors, employees, licensees, or invitees, on, about or from the leased premises, including, but not limited to, attorneys' all foreseeable and consultant fees) arising from or unforeseeable costs, expenses, and liabilities related to the useany inspection, presencesurvey, transportationtesting, storagerepair, disposal, spill, release cleanup or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substancesremoval costs, and other pollutants any foreseeable or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterunforeseeable consequential damages.

Hazardous Materials. Subject to the remaining provisions a. Use, Storage, Handling and Disposal of Hazardous Materials. Except as explicitly provided in this ------------------- paragraphLease, Lessee Tenant shall be entitled to use and store only those not cause any Hazardous Materials (as such term is defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, ) to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials be used, stored generated, stored, transported, handled or located on the Premises; the cost disposed of all such inspectionsin, tests and investigations to be borne by Lesseeon, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building Project at any time (such activities are hereinafter referred to as “Environmental Activities”). Tenant further agrees that (i) Tenant will not engage in any activity on the Premises that will produce any Hazardous Materials; (ii) Tenant will not install any underground tanks of any type; (iii) Tenant will not use any portion of the date Premises as a landfill or a dump; and (iv) Tenant will not cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance. Tenant shall be responsible for assuring compliance by such persons with the foregoing prohibition, which shall survive the expiration or early termination of this Lease and extend to Tenant, and its officers, directors, employees, agents, contractors, and invitees, and any assignees claiming by, through, or under Tenant, any subtenants claiming by, through, or under Tenant (“Tenant Party”), and Tenant’s failure to abide by the terms of this Section shall be restrainable by injunction. Notwithstanding the foregoing, and subject to Tenant’s covenant to strictly comply with all Hazardous Materials Laws (as such term is defined below) and all other terms and conditions of this Lease; or (iii) , Tenant may bring upon, keep and use general office and cleaning supplies typically used in the ordinary course of business of an office, such as copier toner, liquid paper, glue, ink, and cleaning solvents, for use in the manner for which they were designed. From time to time during the Term, Tenant may request Landlord’s approval of Tenant’s use of other Hazardous Materials Materials, which approval may be withheld in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterLandlord’s sole discretion.

Hazardous Materials. Subject (a) Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "TENANT'S PARTIES"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "G" attached hereto. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "LANDLORD INDEMNIFIED PARTIES") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onin, under or about the Premises or Premises, the Building as or any other portion of the date Project and which are caused or permitted by Tenant or any of Tenant's Parties. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials in the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities. In the event of any release of Hazardous Materials in existence caused or present which are caused permitted by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, Tenant or any costs of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or expenses appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord. At all times during the Term of this Lease, Landlord will have the right, but not required by the final clean up order obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.Lease regarding Hazardous Materials. As used in this Lease, the term "

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee (a) Tenant shall be entitled to use and store only those not cause or permit any Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to be (i) inspect the Premisesbrought upon, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphkept, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspectionsstored, tests and investigations to be borne by Lesseehandled, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premisestreated, or in any common areas or parking lots (if not considered part of the Premises)generated in, caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks underat, on or about the Premises for or the storage Property in violation of Hazardous Materials without the express written consent of Lessorthis Agreement or applicable Environmental Requirements (as hereinafter defined) by Tenant or Tenant’s employees, which may be given agents, contractors, invitees, or withheld in Lessor's sole discretion. As used hereinlicensees, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; Released (as that term is defined under Environmental Requirements) at, on or from the Premises or the Property by Tenant or Tenant’s employees, agents, contractors, invitees, or licensees, or (iii) asbestos; (iv) polychlorinated biphenyls; disposed at or on the Premises or the Property by Tenant or Tenant’s employees, agents, contractors, invitees, or licensees. If Tenant breaches the obligation stated in the preceding sentence, Tenant hereby indemnifies and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee defend and hold Landlord, its officers, directors, employees, agents and contractors harmless from and against any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation, punitive damages and damages based upon diminution in value of the Premises or the Property, or the loss of, or restriction on, use of the Premises or any portion of the Property), expenses (including, without limitation, reasonable attorneys’, consultants’ and experts’ fees, court costs and expenses actually to be expended by Lessee pursuant to amounts paid in settlement of any claims or actions), fines, forfeitures or other civil, administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage, or contamination of, or adverse effects upon, the terms of a final clean up order issued by a government entity having jurisdictionenvironment, water tables or natural resources), liabilities or losses (collectively, “Environmental Claims”) which final clean up arise during or remediate a release, spill or discharge of Hazardous Materials on after the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) Term as a result of such contamination and/or other actions and breaches by Tenant of this Agreement. This indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, treatment, remediation, removal, or restoration work required by any federal, state or local Governmental Authority because of Hazardous Materials known to Lessor to exist present in the air, soil, soil gas or ground water above, on, under or about migrating from the Premises or the Building Property as to matters which Tenant is liable for under this Section. Without limiting the foregoing, if the presence of any Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in or about, or Released at or from or disposed at or on the Premises or the Property by Tenant or Tenant’s employees, agents, contractors, invitees, or licensees, is in excess of any residential cleanup objective under any Environmental Requirement either at, on , or beneath the Premises, the Property, and/or any adjacent or down gradient property, Tenant shall promptly take all actions at its sole expense and in accordance with applicable Environmental Requirements as are necessary to return the Premises, the Property, and/or any adjacent property, as the case may be, to the condition existing prior to the date of this Lease; or (iii) Hazardous Materials in existence or present , provided that Landlord’s approval of such action shall first be obtained, which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor approval shall not include unreasonably be withheld so long as such actions would not potentially have any costs material adverse long-term or short-term effect on the Premises or the Property. Any and all cleanup, remediation, closure of defense ASTs and associated secondary containment or action by Tenant shall be to the satisfaction of LesseeLandlord and any Governmental Authority having jurisdiction over the conditions, remediation or cleanup, which satisfaction must be endorsed by a Closure Letter, No Further Remediation or similar written assertion by the Governmental Authority that the cleanup, closure or remediation has achieved “No Significant Risk” levels without reliance upon any third party recovery against LesseeActivity or Use Limitation (as defined under Environmental Requirements), any damages or injuries to propertywithout the use of engineered barriers, person and without reliance upon monitoring or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed attenuations as an alternative to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matteractive remediation.

Hazardous Materials. Subject to During the remaining provisions term of this ------------------- paragraphLicense Agreement, Lessee Xxxxx shall be entitled not produce, store, release, transport or otherwise handle any "Hazardous Materials" or engage in any "Environmental Activity" in, on, under, to, or from the License Parcels, or permit or suffer its employees, invitees or agents to use and store only those do so, except as expressly provided in Section 6 above. As used herein, "Hazardous Materials (Materials" means any chemical, material, or substance defined below)as or included in the definition of "Hazardous Substances", that are necessary for Lessee's business"Hazardous Material", provided that such usage and storage is in full compliance with all "Hazardous Waste", "Restricted Hazardous Waste", "Extremely Hazardous Waste", "Proposition 65 Listed Chemicals" or "Toxic Substances" or words of similar import under any applicable local, state and or federal statuteslaw currently, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right or at all times any time during the term hereof enacted, or under any of this Leasethe regulations adopted or publications promulgated pursuant thereto (collectively, upon reasonable advanced noticethe "Environmental Laws") and any other material or substance which is regulated by any such Environmental Law or governmental authority. The term "Environmental Activity" as used herein means any storage, to (i) inspect existence, release, threatened release, generation, abatement, removal, disposal, handling or transportation of any Hazardous Material at, on, to, from, under or onto the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with License Parcels. In the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located event any Environmental Activity shall occur on the Premises; License Parcels during the cost term hereof which is the direct or indirect result of Xxxxx' activities thereon, Xxxxx shall immediately notify Licensor of the same in writing and shall take all such inspections, tests and investigations remediation or other action to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigateremove, clean up and or otherwise remediate correct the same as may be required by any spillEnvironmental Law and/or any governmental agency having jurisdiction thereof, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors all at Lessee's Xxxxx' sole cost and expense; . The obligations of Xxxxx hereunder shall be absolute and unconditional and shall survive the expiration or sooner termination of this License Agreement. Notwithstanding the immediately preceding paragraph, Xxxxx may use at the License Parcels such investigation, clean up materials as Xxxxx reasonably deems necessary for operation of its plant nursery activities at the License Parcels and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheldmaintain the machinery used in connection therewith; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposaltransport and/or disposal of all such materials by Xxxxx shall fully comply with all Laws and Permits, spilland Xxxxx must first notify Licensor (but Licensor shall have no approval rights) in writing of Xxxxx' intent to use any materials which constitute Hazardous Materials, release or discharge which notice shall identify such materials. Licensor acknowledges that it has already received a list of Hazardous Materials on or about pursuant to Section 22(g) of the Premises caused by the acts or omissions Option Agreement, and Xxxxx shall only be responsible for notifying Licensor of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of additional Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials used on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterLicense Parcels.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee Tenant shall be entitled to use and store only those not cause or permit any Hazardous Materials (as defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (ihereinbelow) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne brought upon, kept or used in or about the Building, the Property, the Common Areas and/or the Project by LesseeTenant, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativescontractors, invitees, or licensees, subtenantsexcept such Hazardous Materials that are typical in Tenant’s business and that are at all times, customers used, kept and stored in the manner that complies with all laws, rules, regulations and ordinances now or contractorshereafter regulating any such Hazardous Materials. Lessee If Tenant breaches the covenants to investigateand obligations set forth herein or, clean up and otherwise remediate any spill, release or discharge if the presence of Hazardous Materials on, in or about the Building, the Premises, the Project, the Property and/or the Common Areas, as the case may be, caused by the acts or omissions of LesseeTenant, or its agents, employees, representativescontractors, inviteeslicensees or invitees results in contamination of all or any portion of the Project or any other property, licenseeswhether or not adjacent thereto, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee then Tenant shall indemnify, defend and hold Lessor Landlord free and harmless from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts, losses, suits, administrative proceedings liabilities and costs losses (including, but not limited towithout limitation, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and consultant expert fees) arising from which arise during or related to after the useTerm as a result of such contamination. This indemnification by Tenant of Landlord shall include, presencewithout limitation, transportationany and all costs incurred with any investigation of site conditions and any cleanup, storageremedial, disposalremoval or restoration work required by any federal, spill, release state or discharge local governmental agency or political subdivision because of the presence of such Hazardous Materials on or about the Premises caused by the acts or omissions of LesseeTenant, its agents, employees, representativescontractor, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks underlicensees and/or invitees in, on or about the Premises for Building, the storage Common Areas or the soil or ground water on or under the Property. The provisions of Hazardous Materials without this Section 10.02 shall survive the express written consent expiration or earlier termination of Lessor, which may be given or withheld in Lessor's sole discretionthis Lease. As used hereinFor purposes of the Lease, the term “Hazardous Materials Materials” shall mean the following: (a) those substances included within the definitions of “hazardous substances,” “pollutant,” or “contaminant” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et. seq. as heretofore or hereafter amended, the regulations promulgated pursuant to such Act and state laws and regulations similar to or promulgated pursuant to such Act; (b) any material, waste or substance which is (i) any hazardous petroleum, (ii) asbestos, (iii) flammable explosive, or toxic wastes(iv) radioactive; and (c) such other substances, materials or substances, and other pollutants or contaminants, wastes which are or become regulated by all applicable localas hazardous or toxic under federal, state or local law. Without limiting the foregoing, Tenant shall be responsible for any leaks or spills associated with Tenant’s use of the back-up generator (which is being installed at Tenant’s request). Likewise, Landlord covenants that Landlord shall not cause or permit any Hazardous Materials to be brought upon, kept or used in or about the Building or Project by Landlord, its agents, employees, contractors or licensees in violation of any applicable laws or regulations. Further, Landlord shall indemnify, defend and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; hold Tenant free and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee harmless from and against any and all costs claims, judgments, damages, penalties, fines, costs, liabilities and expenses actually to be expended by Lessee pursuant to losses (including without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees) which arise during or after the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) Lease Term as a result of either a breach by Landlord of the foregoing covenant or otherwise due to the presence of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as existing upon commencement of the date Lease Term by no fault of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterTenant.

Hazardous Materials. Subject Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Development by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Development, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Development and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without at the express written consent Premises, the Building or any other portion of Lessorthe Development which Tenant becomes aware of during the Term of this Lease, which may be given whether caused by Tenant or withheld in Lessorany other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's sole discretionParties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used hereinin this Lease, the term "Hazardous Materials Materials" shall mean (i) and include any hazardous or toxic wastesmaterials, materials substances or substanceswastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialschlorofluorocarbons. The provisions of this paragraph shall Subparagraph 8(c) will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Lessee, at its sole cost, shall comply with and cause its agents to comply with applicable law (including the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar state statutes, and any regulations promulgated under either) relating to the remaining provisions storage, use and disposal of this ------------------- paragraphany hazardous material, hazardous waste, hazardous substance, hazardous constituent, toxic or radioactive matter, including those materials identified in the federal Hazardous Materials Transportation Act, as amended; the federal Resource Conservation and Recovery Act, as amended (“RCRA”); those substances defined as “hazardous wastes” in the Massachusetts Hazardous Waste Facility Siting Act, as amended (Massachusetts General Laws Chapter 21D); and those substances defined as “hazardous materials” or “oil” in Massachusetts General Laws Chapter 21E, as amended (collectively, “Toxic Materials”). If Lessee or Lessee’s agents desire to store, use or dispose of any Toxic Materials in, on or about the Property (other than the storage and use of reasonable quantities of customary office supplies), Lessee shall be entitled to use first request and store only those Hazardous Materials obtain Lessor’s approval (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, howeverconditioned or delayed) to such proposed storage, that Lessee shall use or disposal in writing, which request must be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs made at least ten (including, but not limited to, attorneys' and consultant fees10) arising from or related days prior to the use, presence, transportation, storage, disposal, spill, release use or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks underdisposal thereof in, on or about the Premises Leased Premises. If Xxxxxx’s activities violate or create a risk of violation of any applicable law, Lessee shall cease such activities immediately upon notice from Lessor. Whether or not Lessor is aware or approves of the storage, use or disposal of any Toxic Material by Lessee or Lessee’s agents, Lessee shall be solely responsible for and shall defend, indemnify and hold Lessor and Lessor agents harmless from and against all claims, costs and liabilities, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, arising out of or in connection with the storage storage, use, generation, transportation, disposal or release of Hazardous Toxic Materials without the express written consent by Lessee or Lessee’s agents, including any such claims, costs, damages and liabilities (including reasonable attorneys’ fees and costs, court costs and fees and costs of Lessorexperts) arising out of or in connection with any investigation, which may be given or withheld in Lessor's sole discretion. As used hereintesting, the term Hazardous Materials shall mean (i) any hazardous or toxic wastesremediation, removal, clean-up, monitoring and/or restoration services, work, materials and equipment necessary to return the Leased Premises and any other property of whatever nature to their condition existing prior to the storage, use, generation, transportation, disposal or substancesrelease of Toxic Materials by Lessee or Lessee’s agents in, on or about the Leased Premises or the Property, and other pollutants otherwise satisfactorily to investigate and remediate the contamination arising therefrom to the reasonable satisfaction of Lessor and all governmental authorities. If at any time during or contaminantsafter the Term of this Lease, which are Xxxxxx becomes aware of any injury, investigation, administrative proceeding, or become regulated judicial proceeding regarding the storage, use or disposition of any Toxic Materials by all Lessee or Lessee’s agents on or about the Leased Premises or the Property, of any spill or unauthorized discharge of Toxic Materials or of any condition constituting an imminent hazard under any applicable locallaw, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsLessee shall immediately give Lessor written notice advising Lessor of the same. The provisions of this paragraph Article 36 shall survive the any termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Neither Tenant nor Tenant's agents or employees shall cause or permit any Hazardous Material, as hereinafter defined, to be brought upon, stored, used, generated, released into the remaining provisions environment, or disposed of this ------------------- paragraphon, Lessee shall be entitled in, under, or about the Premises, except (i) reasonable quantities of cleaning supplies and office supplies necessary to use and store only those Hazardous Materials (defined below), that are necessary for Lesseeor required as part of Tenant's business, provided (ii) reasonable quantities of chemicals and other Hazardous Material for research and development purposes shall be allowed to be stored on site as long as threshold quantities (the lowest listed limit as defined by Washington law or regulations) for either specific agents or risk categories are not exceeded, and (iii) those materials used in the operation of the Permitted Use that such usage require Biosafety Level 2 (BSL-2) precautions or lower as defined by the most current edition of the text Biosafety in Microbiological and storage is Biomedical Laboratories (BMBL) as published by the U.S. Department of Health and Human Services, all of which shall be generated, used, kept, stored, or disposed of in full compliance a manner that complies with all applicable locallaws regulating any such Hazardous Materials and with good business practices. Tenant shall not engage in the use of hazardous substance at larger than "Laboratory Scale" as defined by WAC 000-000-000. Tenant covenants to remove from the Premises (or the Building, state if applicable), upon the expiration or sooner termination of this Lease and federal statutesat Tenant's sole cost and expense, ordersany and all Hazardous Materials brought upon, ordinancesstored, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have used, generated, or released into the right at all times environment during the term of this Lease. To the fullest extent permitted by law, upon reasonable advanced noticeTenant hereby agrees to indemnify, to (i) inspect the Premisesdefend, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphprotect, and (iii) request lists of all Hazardous Materials usedhold harmless Landlord, stored or located on the Premises; the cost of all such inspections, tests Xxxxxxxx's managing agent and investigations to be borne by Lessee, if Lessor finds violations of environmental laws their respective agents and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativesand their respective successors and assigns, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising losses that arise during or after the term directly or indirectly from or related to the use, presence, transportation, storage, disposal, spillrelease, release or discharge presence of Hazardous Materials on on, in, or about the Premises caused by which occurs during the acts or omissions term of Lesseethis Lease. Tenant shall promptly notify Landlord of any release of Hazardous Materials in, its agentson, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for that Tenant or Tenant's agents or employees become aware of during the storage term of Hazardous Materials without the express written consent of Lessorthis Lease, which may be given whether caused by Tenant, Xxxxxx's agents or withheld in Lessor's sole discretionemployees, or any other persons or entities. As used herein, the term "Hazardous Materials Materials" shall mean (i) any hazardous or toxic wastessubstance, materials material, or substances, and other pollutants waste which is or contaminants, which are or become becomes regulated by all applicable localany local or state governmental authority or the United States Government. The term "Hazardous Materials" shall include, state and federal laws; without limitation, any material or substance that is (i) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous substance," "hazardous material," or "waste" under any federal, state, or local law, (ii) petroleum; , and (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph Section 20, including, without limitation, the indemnification provisions set forth herein, shall survive the any termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject to Tenant shall not do anything throughout the remaining provisions Term of this ------------------- paragraph, Lessee shall be entitled to use Lease and store only those Hazardous Materials any extension thereof that will violate any Environmental Laws (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee Tenant shall indemnify, defend and hold Lessor harmless Landlord, its directors, officers, employees, and agents and assignees or successors to Landlord's interest in the Premises, their directors, officers, employees, and agents from and against any and all losses, claims, suits, damages, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings penalties and costs (liability including, but not limited towithout limitation, (i) all out-of-pocket litigation costs and reasonable attorneys' and consultant fees, (ii) all damages (including consequential damages), directly or indirectly arising from or related to out of the presence, use, presence, transportationgeneration, storage, disposal, spill, release or discharge threatened release or disposal of Hazardous Materials on on, under or about in the Premises caused after the Lease Commencement Date by or due to the actions or omissions of Tenant, its agents, contractors and invitees and (iii) the cost of and the obligation to perform any required or necessary repair, clean-up, investigation, removal, remediation or abatement, and the preparation of any closure or other required plans, whether such action is required or necessary following the commencement of the initial lease term, to the full extent that such action is attributable, directly or indirectly, to the presence, use, generation, storage, release, threatened release or disposal of Hazardous Materials on, under or in the Premises due to the acts or omissions of LesseeTenant, its agents, employeescontractors and invitees. This indemnification obligation of Tenant does not extend to any repair, representativesclean-up, inviteesinvestigation, licenseesremoval, subtenants, customers remediation or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage abatement of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous which were present on, under or toxic wastes, materials in the Premises before or substances, and other pollutants on the Lease Commencement Date or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; for which Landlord is otherwise obligated to indemnify Tenant pursuant to this Paragraph 11.16. Landlord shall indemnify, defend and (v) radioactive materials. The provisions of this paragraph shall survive hold harmless Tenant, its directors, officers, employees, and agents, and any assignees, subtenants or successors to Tenant's interest in the termination of this Lease. Lessor shall indemnify Lessee Premises, their directors, officers, employees, and agents, from and against any and all losses, claims, suits, damages, judgments, penalties, and liability including, without limitation, all (i) out-of-pocket litigation costs and expenses actually to be expended by Lessee pursuant to reasonable attorneys' fees, (ii) all damages (including consequential damages), directly or indirectly arising out of the terms of a final clean up order issued by a government entity having jurisdictionpresence, which final clean up or remediate a use, generation, storage, release, spill threatened release or discharge disposal of Hazardous Materials on on, under or in the Premises before or after the Lease Commencement Date by or due to the extent such clean up or remediation results from (i) the acts actions or omissions of LessorLandlord and (iii) the cost of and the obligation to perform any required or necessary repair, clean-up, investigation, removal, remediation or abatement and the preparation of any closure or other required plans, whether such action is required or necessary prior to or following the commencement of the initial lease term, to the full extent that such action is attributable, directly or indirectly, to the presence, use, generation, storage, release, threatened release, or disposal of Hazardous Materials on, under or in the Premises due to the actions or omissions of Landlord. For the purpose of this Paragraph 11.16, Hazardous Materials shall include but not be limited to substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; judicial decisions; and any and all state, local or federal laws, rules, regulations and orders pertaining to environmental, public health or welfare matters, as the same may be amended or supplemented from time to time (ii) collectively, the "Environmental Laws"). Any terms mentioned in this Lease which are defined in any applicable Environmental Laws shall have the meanings ascribed to such terms in such laws, provided, however, that if any such laws are amended so as to broaden any term defined therein, such broader meaning shall apply subsequent to the effective date of such amendment. In the event any clean-up, investigation, removal, remediation, abatement, or other similar action on, in or under the Premises is required by any governmental or quasi-governmental agency as a result of Hazardous Materials known the actions or omissions of any party other than Tenant or its agents, contractors or invitees before the Lease Commencement Date or as a result of the actions or omissions of Landlord after the Lease Commencement Date and such action requires that Tenant be closed for business for greater than a twenty four (24) hour period, or if access to Lessor to exist on, under or about the Premises as a result of such action is materially adversely affected for a period in excess of twenty four (24) hours, then Tenant's rental and other payment obligations under this Lease shall be abated entirely during the period beyond the twenty four (24) hours that Tenant is required to be closed for business or abated in proportion to the Building as amount of lost business suffered by Tenant if access to the date Premises is impaired. The provisions of this Paragraph 11.16 shall survive the expiration or sooner termination of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Tenant shall have no obligation to make any repairs, alterations or improvements to the remaining provisions Leased Premises or incur any costs or expenses whatsoever as a result of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges existence of Hazardous Materials at the Leased Premises unless such Hazardous Materials are placed on the Premises, or in any common areas or parking lots (if not considered part Leased Premises as a result of the Premises)act of Tenant, caused by the acts or omissions of Lesseeits employees, or its agents, employees, representatives, invitees, licensees, subtenants, customers contractors or contractorsvendors after the date hereof. Lessee covenants Landlord shall be solely responsible for any changes to investigate, clean up and otherwise remediate any spill, release or discharge of the Leased Premises relating to Hazardous Materials caused required by any present or future laws, ordinances and regulations of any governmental authority, insurance carrier or any similar body, unless such Hazardous Materials are placed on the acts or omissions Leased Premises as a result of Lesseethe act of Tenant, or its employees, agents, employees, representatives, invitees, licensees, subtenants, customers contractors or contractors at Lessee's cost and expense; such investigation, clean up and remediation vendors after the date hereof. In the event Tenant should desire to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against make any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from additions or related improvements to the use, presence, transportation, storage, disposal, spill, release Leased Premises and is forced to incur any identifiable charges or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) arising as a result of Hazardous Materials known to Lessor to exist (not placed on the Leased Premises after the date hereof as a result of the act of Tenant, its employees, agents, representatives, contractors or vendors) in, on, under or about at the Leased Premises and which would not have otherwise been incurred with respect to such measures, Landlord shall be fully responsible for and shall reimburse Tenant for such expenses. Base Rent, Additional Rent and all other amounts payable by Tenant under this Lease shall abate if as a result of the presence of any Hazardous Materials of txx Xxased Premises or the Building any Hazardous Materials Claim (not arising as a result of the act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof), Tenant may not use the Leased Premises for the conduct of this Lease; or Tenant's business. Landlord shall indemnify and hold Tenant harmless on demand from and against all liabilities, costs, damages and expenses which Tenant may incur (iiiincluding, without limitation, attorneys' and consultants' fees and disbursements) as the result of the presence of Hazardous Materials in existence (not placed on the Leased Premises after the date hereof by the act of Tenant, its employees, agents, representatives, contractors or present which are caused by tenants vendors) or pursuant to any Environmental Law, including, without limitation, claims, proceedings, enforcement, cleanups, removals or other than Lessee actions of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, governmental entity or any third party recovery against Lesseeor with respect to the Leased Premises relating to, any damages arising out of or injuries attributable to propertythe presence, person or natural resourcesuse, generation, storage, release, threatened release, discharge, transportation, or any costs disposal of Hazardous Materials (not placed on the Leased Premises after the date hereof as a result of the act of Tenant, its employees, agents, representatives, contractors or vendors) (collectively, "Hazardous Materials Claims"), or in enforcing the provisions of -------------------------- this Article 28 and Tenant may offset all such liabilities, costs, damages and expenses against Base Rent, Additional Rent and all other amounts payable by Tenant under this Lease. The foregoing indemnity of Landlord in favor of Tenant in this Article 28 shall be limited in its application to those items set forth in Schedule 5.16 of the Asset Contribution and Exchange Agreement, dated as of January 25, 1999, among Tenant, Kelco Industries, Inc., Landlord, individually and as Trustee of the Paul D. Kelly 1997 Annuity Trust and Wayne A. Kelly (the "Asset Agrexxxxx") xx xxe same manner and extent xx xxx xxxxxxification --------------- obligations of Seller (as defined in the Asset Agreement) and the Shareholders (as defined in the Asset Agreement) are limited in Section 12.4(a) of the Asset Agreement with respect to items set forth on Schedule 5.16 of the Asset Agreement; however, there shall be no time limit with respect to the indemnification obligations of Landlord under this Lease. Except as limited in the preceding sentence, there are no other limitations upon the indemnification obligations of Landlord provided for in this Lease and the limitation in the preceding sentence shall have no application to the indemnification obligations of Landlord in their application to items not required by set forth in Schedule 5.16 of the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterAsset Agreement.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee Tenant shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for LesseeTenant's business, business provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor Landlord shall have the right at all times during the term of this Lease, upon reasonable advanced notice, Lease to (i) inspect the Premises, (ii) conduct tests and investigations to be determine whether Lessee Tenant is in compliance with the provisions of this paragraphParagraph, and (iii) request lists of all Hazardous Materials used, materials used and stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by LesseeTenant, if Lessor finds violations of environmental laws and regulationsLandlord reasonably believes they are necessary. Lessee Tenant shall give to Lessor Landlord immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of LesseeTenant, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee Tenant covenants to investigate, clean up and otherwise remediate remedy any spill, release or discharge of Hazardous Materials caused by the acts or omissions omission of LesseeTenant, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at LesseeTenant's cost and expense; such investigationinvestigations, clean up and remediation to be performed after Lessee Tenant has obtained LessorLandlord's written consent, which shall not be unreasonably withheld; provided, however, that Lessee Tenant shall be entitled to respond immediately to an any emergency without first obtaining LessorLandlord's written consent. Lessee Tenant shall indemnify, defend and hold Lessor Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' attorney's and consultant consultants fees) arising from or related to the use, presence, transportation, storage, disposal, disposal spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of LesseeTenant, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorscontractor. Lessee Tenant shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.the

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee Tenant shall be entitled to use and store only those not cause or permit any Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations Material (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (ihereinafter defined) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne brought upon, kept or used in or about the Premises or the Building by LesseeTenant, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agentsprincipals, employees, representativesassigns, inviteessublessees, licenseescontractors, subtenants, customers consultants or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's invitees without the prior written consentconsent of Landlord, which consent may be withheld for any reason whatsoever or for no reason at all. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises or around the Building caused or permitted by Tenant (or the aforesaid others) results in contamination of the Premises or the Building or the surrounding area(s), or if contamination of the Premises or the Building or the surrounding area(s) by Hazardous Material otherwise occurs for which Tenant is legally, actually or factually liable or responsible to Landlord (or any party claiming by, through or under Landlord) for damages, losses, cost or expenses resulting therefrom, then Tenant shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall fully and completely indemnify, defend and hold Lessor harmless Landlord (or any party claiming by, through or under Landlord) from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts liabilities or losses [including, losseswithout limitation: (i) diminution in the value of the Premises and/or the Building and/or the land on which the Building is located and/or any adjoining area(s) which Landlord owns or in which it holds a property interest; (ii) damages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, suitsthe Building or the land on which the Building is located; (iii) damages arising from any adverse impact on marketing of space; and (iv) any sums paid in settlement of claims, administrative proceedings attorneys’ fees, consultants fees and expert fees] which arise during or after the term of this Lease, as may be extended, as a consequence of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises or the Building. Without limiting the foregoing, if the presence of any Hazardous Material on, under or in the Premises, the Building or the surrounding area(s) caused or permitted by Tenant (or the aforesaid others) results in any contamination of the Premises, the Building or the surrounding area(s),Tenant shall immediately take all actions at its sole expense as are necessary or appropriate to return the Premises, the Building and the surrounding area(s) to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord’s prior written approval of such actions by Tenant shall be first obtained. The foregoing obligations and responsibilities of Tenant shall survive the expiration or earlier termination of this Lease. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste, including, but not limited to, attorneys' those substances, materials, and consultant fees) arising from or related to wastes listed in the use, presence, transportation, storage, disposal, spill, release or discharge United States Department of Transportation Hazardous Materials on Table (49 CFR 172.101) or about the Premises caused by the acts Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastessuch substances, materials or substances, and other pollutants or contaminants, which wastes that are or become regulated by all under any applicable local, state or federal law. “Hazardous Material” includes any and all material or substances which are defined as “‘hazardous waste’, ‘extremely hazardous waste’ or a ‘hazardous substance’ pursuant to state, federal laws; or local governmental law. “Hazardous Substance’ includes but is not restricted to asbestos, polychlorobiphenyls (ii“PCB’s”) and petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; . 100 Landlord and (v) radioactive materials. The provisions of this paragraph its agents shall survive have the termination right, but not the duty, to inspect the Premises at any time to determine whether Tenant is complying with the terms of this Lease. Lessor If Tenant is not in compliance with this Lease, Landlord shall indemnify Lessee from and against any and all costs and expenses actually have the right to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on immediately enter upon the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known remedy any contamination caused by Tenant’s failure to Lessor to exist oncomply, under or about the Premises or the Building as of the date notwithstanding any other provision of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor Landlord shall not include any costs of defense of Lesseeuse its best efforts to minimize interference with Tenant’s business, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor but shall not be construed to create an independent obligation for Lessor to perform or pay liable for any remediation or clean up over interference caused thereby. Any non-compliance by Tenant with its duties, responsibilities and above what Lessor would otherwise obligations under this Item 41 shall be required an “automatic” (no notice of any nature from Landlord to perform by law following a final adjudication Tenant being required) default of said matterthis Lease (see Item 20).

Hazardous Materials. Subject Except for the incidental use of certain products for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or Project, Tenant hereby represents, warrants and covenants that Tenant will not produce, use, store or generate any "Hazardous Materials" (as defined below) on, under or about the Premises and/or Project. Tenant has fully and accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire"), which is incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials, in addition to the remaining provisions all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for breach of representation, Landlord may require Tenant to execute an amendment to this ------------------- paragraph, Lessee shall be entitled Lease relating to such Hazardous Materials use and store only those Tenant's failure to execute any such amendment within ten (10) days of Landlord's delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant shall not cause or permit any Hazardous Materials (defined below)Material to be brought upon, that are necessary for Lesseeplaced, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the Premises and/or Project by Tenant or Tenant's businessParties. Tenant shall keep, provided that such usage operate and storage is maintain the Premises in full compliance with all applicable localfederal, state and federal statuteslocal environmental, health and/or safety laws, ordinances, rules, regulations, codes, orders, ordinancesdirectives, rules guidelines, permits or permit conditions currently existing and regulations as amended, enacted, issued or adopted in the future which are applicable to the Premises (as interpreted by judicial and administrative decisionscollectively, "Environmental Laws"). Lessor Landlord shall have the right at all times during (but not the term obligation) to enter upon the Premises and cure any non-compliance by Tenant with the terms of this LeaseParagraph 3.2 or any Environmental Laws or any release, upon reasonable advanced noticedischarge, to (i) inspect the Premisesspill, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphimproper use, and (iii) request lists of all Hazardous Materials usedstorage, stored handling or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges disposal of Hazardous Materials on the Premiseson, under, from, or in any common areas about the Premises or parking lots (if not considered part Project, regardless of the Premises)quantity of any such release, caused by the acts or omissions of Lesseedischarge, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the improper use, presence, transportation, storage, disposal, spill, release handling or discharge disposal of Hazardous Materials on or about the Premises caused or Project, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand. If Landlord elects to enter upon the acts Premises and cure any such non-compliance or omissions release, discharge, spill, improper use, storage, handling or disposal of LesseeHazardous Materials on, its agentsunder, employeesfrom, representativesor about the Premises or Project, invitees, licensees, subtenants, customers or contractors. Lessee Tenant shall not be entitled to install participate in Landlord's activities on the Premises. If any tanks underinformation provided to Landlord by Tenant in the Environmental Questionnaire, on or about the Premises for the storage of otherwise relating to information concerning Hazardous Materials without the express written consent of Lessoris false, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.incomplete,

Hazardous Materials. Subject Tenant covenants to the remaining provisions hold Landlord free and harmless from all loss or damage resulting from Tenant's violation of any term or provision of this ------------------- paragraphlease, Lessee shall including but not limited to attorney fees and court costs. Tenant further covenants to hold Landlord free and harmless from the use, misuse or neglect of said premises or appurtenances and expressly waives, in favor of Landlord, all claims arising out of any alleged defective or unsafe condition thereof, unless the same was caused by the negligence or willful misconduct of Landlord. Tenant agrees to pay for all damages which may be entitled caused to Landlord or the building in which the demised premises are situated or to any tenant or occupant thereof by any act or failure to act of Tenant or any of Tenant's invitees, contractors, agents, guests, visitors or employees, and Tenant further agrees not to use and store only those Hazardous Materials or suffer to be used the demised premises in any manner which will increase the present rate of premium for insurance on said building, or cause a cancellation of any insurance policy relating to said building (defined below), Landlord acknowledges that are necessary for LesseeTenant's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of existing banking operations do not violate this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located restriction on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part use of the Premises), caused or keep or suffer to be kept therein any gasoline, distillate, petroleum, hazardous substances or explosive products. Tenant agrees during the entire term to take good care of the demised premises and to keep the interior thereof in good order, repair and condition, natural deterioration with careful use and injury by fire, the elements and acts or omissions of LesseeGod excepted. Tenant and Landlord hereby represent and warrant that no real estate broker nor any other person other than Landlord, or its agents, agents and employees, representativeshas been involved in the securing and negotiation of this lease, invitees, licensees, subtenants, customers nor is any broker or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be other person entitled to respond immediately to an emergency without first obtaining Lessorany commission, finder's written consent. Lessee shall indemnifyfee, defend and hold Lessor harmless from and against nor any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) payment as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date Tenant's execution of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterlease.

Hazardous Materials. Subject Tenant covenants and agrees not to use, generate, release, manage, treat, manufacture, store, or dispose of, on, under or about, or transport to or from (any of the foregoing hereinafter a "Use") the Premises any Hazardous Materials (other than De Minimis Amounts, as "De Minimis Amounts" is hereafter defined in this Section 5.6) . In the event Tenant breaches the foregoing covenant, in addition to all other rights and remedies Landlord may have whether hereunder or at law or in equity, Landlord at its option may either (a) require Tenant to immediately upon demand therefor remove, xxxxx and/or otherwise remedy all such Hazardous Materials using licensed contractors approved by Landlord, or (b) Landlord may without further notice to Tenant perform or cause to be performed such removal, abatement and/or remedial work for and on behalf of Tenant . Tenant further covenants and agrees to give Landlord immediate notice of any known Use or suspected Use of Hazardous Materials (other than De Minimis Amounts) on, under or about the Premises (and to immediately deliver to Landlord copies of any and all notices from anyone of violations or alleged violations of Hazardous Materials on, under or about the Premises) and to pay all costs and expenses associated with enforcement, abatement, removal, remedial or other governmental or regulatory actions, agreements or orders threatened, instituted or completed pursuant to any Hazardous Materials Laws, and all audits, tests, investigations, cleanup, reports, permits, licenses, approvals and other such items incurred in connection with any efforts to complete, satisfy or resolve any matters, issues or concerns, whether governmental or otherwise, arising out of or in any way related to the remaining Use of Hazardous Materials in any amount by Tenant, its employees, agents, invitees, subtenants, licensees, assignees or contractors . In addition, Xxxxxx further covenants and agrees to execute and deliver to Landlord, within ten ( 10 ) days following Xxxxxxxx's request therefor, such certificates, affidavits, representations, and the like, as Landlord may request from time to time as to Xxxxxx's best knowledge and belief concerning to the Use of Hazardous Materials on, under or about the Premises . For purposes of this Lease ( 1 ) the term "Hazardous Materials" shall include but not be limited to asbestos, urea formaldehyde, polychlorinated biphenyls, oil, petroleum products, pesticides, radioactive materials, hazardous wastes, toxic substances and any other related or dangerous, toxic or hazardous chemical, material or substance in any form or combination of forms (i . e . , solid, liquid, gaseous and/or otherwise) regulated or defined as hazardous or as a pollutant or contaminant in, or the Use of or exposure to which is prohibited, limited, governed or regulated by, any Hazardous Materials Laws ; ( 2 ) the term "De Minimis Amounts" shall mean, with respect to any given level of Hazardous Materials, that such level or quantity of Hazardous Materials in any form or combination of forms (i) does not constitute a violation of any Hazardous Materials Laws and (ii) is customarily employed in, or associated with, similar retail projects in the City in which the Shopping Center is located ; and ( 3 ) the term "Hazardous Materials Laws" shall mean any federal, state, county, municipal, local or other statute, law, ordinance or regulation now or hereafter enacted which may relate to or deal with the protection of human health or the environment, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 , 42 U . S . C . Section 9601 , et seq : the Hazardous Materials Transportation Act, 49 U . S . C . Section 5101 , et seq ; the Resource Conservation and Recovery Act, 42 U . S . C . Section 6901 , et seq : the Federal Water Pollution Control Act, 33 U . S . C . Section 1251 , et seq : the Toxic Substances Control Act of 1976 , 15 U . S . C . Section 2601 , et seq : the laws of the State in which the Shopping Center is located ; and any rules, regulations or guidelines adopted or promulgated pursuant to any of the foregoing as they may be amended or replaced from time to time . Notwithstanding anything to the contrary contained in this Lease, in the event any of the equipment serving . the Premises such as, but not limited to, refrigerators, air conditioning systems, and supplemental healing, ventilating and air conditioning systems utilize refrigerants containing chlorofluorocarbons (sometimes commonly referred to as "CFC's"), Landlord, in its sole discretion, shall have the option to require Tenant, at its sole cost and expense, to remove such equipment at the expiration or earlier termination of the Term . The foregoing provisions of this ------------------- paragraphSection 5 . 6 to the contrary notwithstanding, Lessee in no event shall be entitled to use and store only those Tenant or anyone for or on behalf of Tenant (x) Use any asbestos or asbestos containing material whatsoever in the performance of any Tenant's Work or any alterations or changes thereto or lo any other leasehold improvements by or for Tenant located in, on or about the Premises or (y) place or dispose of any Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant feesfluorescent light tubes) arising from or related to in any trash receptacles within the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsShopping Center . Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.SECTION 6 - UTILITIES SERVICES 6.1

Hazardous Materials. Subject Landlord represents to Tenant that, as of the remaining provisions of this ------------------- paragraphDelivery Date, Lessee the Premises shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges free of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants that would violate Requirements except as disclosed pursuant to investigate, clean up Exhibit EXISTING CONDITIONS and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related introduced to the usePremises by Tenant or any Tenant Party. Landlord further represents to Tenant that, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials found in (a) the common areas of the Building (except to the extent the responsibility of Tenant as provided below) and (b) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or are introduced to the Premises by Landlord after the Commencement Date, the Premises during the Lease Term to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials in existence or present which are caused by tenants other than Lessee irrespective of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterwhether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Subject Sub-Sublandlord represents and warrants to Sub-Subtenant that, to the remaining provisions best of this ------------------- paragraphSub-Sublandlord's actual knowledge, Lessee shall be entitled as of the Sub-Sublease Commencement Date (i) the Sublease Premises and the operations conducted thereof by Sub-Sublandlord prior to use and store only those Hazardous Materials (defined below), that the Sub-Sublease Commencement Date are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state Hazardous Materials laws; and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and followSub-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at LesseeSublandlord's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presencehandling, transportation, storage, treatment, disposal, spill, release or discharge use of Hazardous Materials that has occurred on or about the Sublease Premises, or the soil, groundwater or surface water thereof, prior to the Sub-Sublease Commencement Date, has been in compliance with all Hazardous Materials Laws. Sub-Sublandlord further represents and warrants that, to the best of Sub-Sublandlord's actual knowledge, no litigation has been brought or threatened, nor any settlements reached with any governmental or private party, involving Sub-Sublandlord and concerning the actual or alleged presence of Hazardous Materials on or about the Premises caused Sublease Premises, or the soil, groundwater or surface water thereof, nor has Sub-Sublandlord received any written notice of any violation or alleged violation of any Hazardous Materials Laws, pending claims or pending investigations with respect to the presence of Hazardous Materials on or about the Sublease Premises, or the soil, groundwater or surface water thereof. Except to the extent that the Hazardous Material in question was released, emitted, used, stored, manufactured, transported or discharged by the acts or omissions of LesseeSub-Subtenant, its agents, employees, representativescontractors, inviteesofficers, licenseesdirectors, subtenantsshareholders, customers successors or contractors. Lessee assigns ("Sub-Subtenant Parties") Sub-Subtenant shall not be entitled responsible for, and Sub-Subtenant and the Sub-Subtenant Parties hereby are released from, any claim, remediation obligation, investigation obligation, monitoring obligation, removal obligation, liability, cause of action, penalty, attorneys' fee, consultant's cost, expense or damage owing or alleged to install be owing with respect to any tanks under, Hazardous Material present on or about the Premises for Sublease Premises, or the storage soil, groundwater or surface water thereof, as a result of the storage, disposal, use, or release of Hazardous Materials without the express written consent of Lessorby Sub-Sublandlord, which may be given its agents, employees, contractors or withheld in Lessorinvitees. Sub-Sublandlord's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of representations under this paragraph Section shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterSub-Sublease.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraphIf Buyer discovers any hydrocarbon substances, Lessee shall be entitled to use and store only those Hazardous Materials polychlorinated biphenyls, or any other hazardous or toxic substances, wastes or materials (defined belowas determined under federal, state or local law then in effect), that are necessary asbestos or asbestos-bearing materials or other environmental condition subject to legal requirements for Lessee's businesscorrective action or affecting the Property, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor Buyer shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphimmediately no- tify Seller, and (iii) request lists if such discovery is made after the Close of all Hazardous Materials usedEscrow, stored or located on Buyer shall cause the Premises; the cost of all such inspections, tests and investigations condition to be borne by Lesseecorrected in accordance with applicable law. From and after the Closing, if Lessor finds violations of environmental laws and regulations. Lessee Buyer shall give to Lessor immediate verbal and follow-up written notice of any spillsprotect, releases or discharges of Hazardous Materials on the Premisesdefend, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend indemnify and hold Lessor Seller and its parent company and their respective affiliates and subsidiaries, and their respective directors, officers, participants, employees and agents (collectively, "Seller En- tities") free and harmless from and against any and all claims (including third party claims), judgmentsde- mands, liabilities, damages, penaltiescosts and expenses, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited towithout limitation, attorneys' investigatory ex- penses, clean-up costs and consultant feesreasonable attorney's fees of whatever kind or nature (collectively, "Claims") arising from or related in any way connected with the physical condition of the Property or any other aspect of the Property, no matter whether earlier discoverable or not and any effort of Buyer and/or Buyer's contractors to correct the same, even if the Claims arise from or are attributable to the usejoint, presence, transportation, storage, disposal, spill, release concurrent or discharge comparative negligence of Hazardous Materials Seller or any Seller Entities or any person acting or purporting to act on behalf of Seller or about Seller Entities. Buyer's obligations of indemnity set forth herein shall survive the Premises caused by the acts or omissions Close of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee Escrow and shall not be entitled merged with the Deed. If Seller has furnished to install Buyer any tanks underPhase I report (a "Phase I Report"), on Buyer acknowl- edges and agrees that Seller has not made any representations or about warranties regarding the Premises Phase I Report nor the content, completeness or accuracy of the Phase I Report and that Seller shall have no liability for any of the storage soil, environmental or structural conditions or any other conditions or matters described in the Phase I Report or otherwise. Buyer acknowledges and agrees that Buyer has been provided with an xxx- xxxxx opportunity to review the Phase I Report and to retain its own consultants and experts to review the Report and conduct its own inspections and examinations of Hazardous Materials without the express written consent Property and all matters relating to the Property. By its execution of Lessorthis Agreement, Buyer (1) acknowledges that it is fully aware of the matters described in the Phase I Report, a copy of which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, Buyer has received and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; has reviewed and (v2) radioactive materialsafter re- ceiving advice of its legal counsel, waives any and all rights or remedies whatsoever, express or implied, Buyer may have against Seller, including remedies for damages arising out of or resulting from any un- known, unforeseen or unanticipated presence or releases of hazardous substances or other Hazardous Substances from or on the Property. The provisions of this paragraph shall survive the termination Close of this Lease. Lessor shall indemnify Lessee from Escrow and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said mattermerged with the Deed.

Hazardous Materials. Subject Lessee covenants and agrees, at its sole cost and expense, to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including, without limitation, attorneys’ and experts’ reasonable fees and disbursements) of any kind or of any nature whatsoever (collectively, the remaining provisions “Indemnified Matters”) which may at any time be imposed upon, incurred by or asserted or awarded against Lessor and arising from or out of this ------------------- paragraph, Lessee shall be entitled to use and store only those any Hazardous Materials (defined below)as hereinafter defined) on, that are necessary for Lessee's businessin, provided that under or affecting all or any portion of the Demised Premises but only to the extent the presence of such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on are the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part result of the Premises)actions or, caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions inactions of Lessee, its agents, employeescontractors, representatives, employees or invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term “Hazardous Materials shall mean (i) Materials” means petroleum products and any other hazardous or toxic wastesmaterials, materials or substances, wastes and other pollutants or contaminants, substances which are defined, determined or become regulated identified as such in any Laws (as hereinafter defined) or materials which are required by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually Laws to be expended by Lessee pursuant to encapsulated or removed from the terms Demised Premises or any surrounding area. As used herein, “Laws” means any Federal, State or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) and any judicial or administrative interpretation thereof, including any judicial or administrative orders or judgments. Indemnified Matters shall include, without limitation, all of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from following: (i) the acts costs of removal of any and all Hazardous Materials from all or omissions any portion of Lessor; the Demised Premises or any surrounding areas (except that the indemnity provided for under this paragraph shall not cover the costs of such removal unless either (a) such removal is required by any Laws or (b) any present or future use, operation, development, construction, alteration or reconstruction of all or any portion of the Demised Premises is or would be conditioned in any way upon, or is or would be limited in any way until the completion of, such removal in accordance with any Laws), (i) additional costs required to take necessary precautions to protect against the release of Hazardous Materials on, in, under or affecting the Demised Premises into the air, any body of water, any other public domain or any surrounding areas to the extent required by applicable Laws, and (ii) costs incurred to bring the Demised Premises and any surrounding areas into compliance with all applicable Laws with respect to Hazardous Materials. All removal work referred to above, all work and other actions to take precautions against release referred to above and all work and other actions performed in order to comply with Laws referred to above are herein collectively referred to as a result “Corrective Work.” Lessor’s rights under this Section 47 shall be in addition to all other rights of Hazardous Materials known Lessor under this Lease. Notwithstanding anything to Lessor the contrary contained herein, the indemnity provided for under this Section 47 with respect to exist surrounding areas shall not extend to the cost of Corrective Work on, in, under or about affecting any surrounding areas, if the Premises or the Building as applicable Hazardous Materials did not originate from any portion of the date Demised Premises, unless the removal of this Lease; or (iii) any Hazardous Materials on, in, under or affecting any surrounding areas is required by Law or by order or directive of any Federal, State or local governmental authority in existence connection with the Corrective Work on, in, under or present which are caused by tenants other than Lessee affecting any portion of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterDemised Premises.

Hazardous Materials. Subject Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises), caused Development by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of LesseeTenant, its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers or contractors. Lessee shall not be entitled to install any tanks under"Tenant's Parties"), on or about the Premises for the storage of Hazardous Materials without the express prior written consent of LessorLandlord, which consent Landlord may be given or withheld withhold in Lessor's its sole and absolute discretion. As used herein, Upon the term Hazardous Materials shall mean (i) any hazardous expiration or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the earlier termination of this Lease. Lessor shall indemnify Lessee , Tenant agrees to promptly remove from the Premises, the Building and against the Development, at its sole cost and expense, any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdictionHazardous Materials, which final clean up including any equipment or remediate a release, spill or discharge of systems containing Hazardous Materials on the Premises to the extent such clean up which are installed, brought upon, stored, used, generated or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onreleased upon, in, under or about the Premises or Premises, the Building as of and/or the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, Development or any costs portion thereof by Tenant or expenses not required any of Tenant's Parties. To the fullest extent permitted by the final clean up order this indemnity by Lessor shall not be construed law, Tenant agrees to create an independent obligation for Lessor to perform or pay for any remediation or clean up over promptly indemnify, protect, defend and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.hold harmless Landlord and Landlord's partners,

Hazardous Materials. Subject Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease). Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project or the Development by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building, the Project and otherwise remediate any spillthe Development, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project, Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project or Development and which are caused by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release by any Tenant Party of Hazardous Materials without at the express written consent Premises, the Building or any other portion of Lessorthe Project or Development which Tenant becomes aware of during the Term of this Lease. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used in this Lease, the term "Hazardous Materials" shall mean and include any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi-solid, liquid or gaseous, which is or may be given hazardous to human health or withheld safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in Lessorthe Environmental Protection Agency's sole discretion"Refrigerant Recycling Rule," as amended from time to time) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, such properties or effects. As used herein, "Environmental Laws" means any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, future which are or become regulated by all applicable localto Tenant, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsthe Premises or the Development. The provisions of this paragraph Subparagraph 8(c) shall survive the expiration of earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Without limiting the generality of their other covenants hereunder, Tenant agrees in regard to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below)occupancy of the Premises, that are necessary for Lessee's businessand Landlord agrees in regard to the remainder of the Project and the Common Area, provided that such usage and storage is in full compliance to comply with all environmental Laws, including, without limitation, those applicable localto "Hazardous Materials." Tenant shall indemnify, state defend, and federal statuteshold harmless Landlord and its officers, ordersemployees, ordinancesagents, rules contractors and regulations those claiming by, through or under Landlord, from and against all loss, cost and expense (as interpreted including, without limitation, attorney's fees) of whatever nature suffered or incurred by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to Landlord (i) inspect on account of the Premises, (ii) conduct tests and investigations to determine whether Lessee is breach by Tenant of its covenant in compliance with the provisions first sentence of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on Section 9.3 with regard to the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges presence of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) caused by Hazardous Materials brought onto the Project or the Common Area by Tenant or Tenant's employees, agents, vendors, guests or invitees in violation of said covenant. Landlord shall indemnify, defend, and hold harmless Tenant and its officers, employees, agents, contractors and those claiming by, through or under Tenant, from and against all loss, cost and expense (including, without limitation, attorney's fees) of whatever nature suffered or incurred by Tenant on account of the breach by Landlord of its covenant in the first sentence of this Section 9.3 with regard to the release of Hazardous Materials by Landlord or Landlord's employees, agents, or contractors. Notwithstanding any other term or condition of this Lease, Landlord agrees that the use or disposal of wastes or materials such as cleaning products in quantities and concentrations customarily found in food service establishments similar to Tenant's which are used in a manner that does not violate any environmental Laws shall not constitute a breach of this Lease. Nothing set forth above shall be construed to obligate Tenant to remove, remediate or otherwise respond to, or to indemnify, defend or hold harmless Landlord (or any other person) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resourcesconnection with, or to pay to Landlord (or any other person) as Common Area Expense or otherwise any costs or expenses arising out of, any Hazardous Materials that (x) were present on or under the Premises, Common Area or any other portion of the Project on the Premises Delivery Date or at any time prior thereto, (y) which may migrate onto or under the Premises, Common Areas or other portion of the Project at any time after the Premises Delivery Date from adjacent property or sources not required owned by Tenant or any person under Tenant's control, or (z) otherwise not placed onto the final clean up order Premises or Common Area by Tenant or Tenant's agents, employees, or contractors, and Tenant shall have no responsibility under this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay Lease whatsoever for any remediation such Hazardous Materials. For purposes of this Lease, Hazardous Materials mean any substance or clean up over and above what Lessor would otherwise be required material that is toxic, hazardous to perform health, radioactive, reactive or corrosive or that is defined or designated as a hazardous or extremely hazardous toxic waste, material or substance by law following a final adjudication of said matterLaw.

Hazardous Materials. Subject a. Neither Lessee nor any Carrier shall cause or permit any hazardous or toxic wastes, substances or materials (collectively, “Hazardous Materials”) to the remaining provisions of this ------------------- paragraphbe used, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials usedgenerated, stored or located on disposed of on, under or about, or transported to or from, the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Leased Premises (collectively “Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Activities”) without first receiving Lessor's ’s written consent, which shall not may be unreasonably withheld; providedwithheld for any reason whatsoever or no reason and which may be revoked at any time, however, that Lessee and then only in compliance (which shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consentat Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs and liabilities, lossesincluding court costs and legal fees, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from out of Lessee’s or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Carrier’s Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist Activities on, under or about the Premises Leased Premises, regardless of whether or not Lessor has approved Lessee’s Hazardous Materials Activities. For the Building as of the date purposes of this Lease; or (iii) , Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as “hazardous substances” or “toxic substances” in existence or present the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances defined as “hazardous wastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, Lessee shall, prior to the Commencement Date, submit to Lessor for Lessor’s review and approval, a list of Hazardous Materials Activities, including types and quantities, which are caused by tenants other than Lessee of list to the Building and Park. This indemnity extent approved by Lessor shall not include be attached hereto as Exhibit C. Prior to conducting any costs other Hazardous Materials Activities, Lessor shall update such list as necessary for continued accuracy. Lessor shall also provide Lessee with a copy of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not Hazardous Materials inventory statement required by any applicable legal requirements. If Lessee’s activities violate or create a risk of violation of any legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the final clean up order Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this indemnity by Lessor Section 15 shall not be construed to create an independent obligation for Lessor to perform survive termination or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication expiration of said matterthe term of this Lease.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraphA. HAZARDOUS MATERIALS GENERALLY PROHIBITED. Subtenant shall not transport, Lessee shall be entitled to use and store only those use, store, maintain, generate, process, treat, manufacture, handle, dispose, manage, release, discharge, spill or leak any "Hazardous Materials Material" (as defined below), that are necessary for Lesseeor permit Subtenant's employees, agents, contractors, or other occupants of the Premises to engage in such activities on or about the Property. However, the foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily and lawfully used in the business which Subtenant is permitted to conduct in the Premises under this Sublease, but only as an incidental and minor part of such business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to provided: (i) inspect such substances shall be properly labeled, contained, used and stored only in small quantities reasonably necessary for such permitted use of the PremisesPremises and the ordinary course of Subtenant's business therein, strictly in accordance with applicable Laws, highest prevailing standards, and the manufacturers' instructions therefor, and as Landlord shall reasonably require, (ii) conduct tests Subtenant shall provide Landlord with ten (10) days advance notice and investigations to determine whether Lessee is in compliance with the provisions of this paragraphcurrent Material Safety Data Sheets ("MSDSs") therefor, and Landlord reserves the right to prohibit or limit such substances in each such instance, (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which substances shall not be unreasonably withheld; provideddisposed of, howeverreleased, that Lessee shall be entitled discharged or permitted to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under leak in or about the Premises or the Building as Property (and under no circumstances shall any Hazardous Material be disposed of within the date drains or plumbing facilities in or serving the Premises or Property or in any other public or private drain or sewer, regardless of quantity or concentration), (iv) if any applicable Law or Landlord's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Subtenant shall make arrangements at Subtenant's expense for such disposal in approved containers directly with a qualified and licensed disposal company at a lawful disposal site, (v) any remaining such substances shall be completely, properly and lawfully removed from the Property upon expiration or earlier termination of this Lease; or Sublease, and (iiivi) Hazardous Materials in existence or present which are caused by tenants for purposes of removal and disposal of any such substances, Subtenant shall be named as the owner, operator and generator, shall obtain a waste generator identification number, and shall execute all permit applications, manifests, waste characterization documents and any other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterforms.

Hazardous Materials. Subject Landlord represents and warrants that, to the remaining provisions best of this ------------------- paragraphLandlord’s knowledge, Lessee shall be entitled as of the Commencement Date no release (as hereafter defined) of Hazardous Materials had occurred in the Premises or that Hazardous Materials are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to use and store only those the use, generation, manufacture, collection, treatment, disposal, storage, control, removal or clean up of Hazardous Materials (defined below“Environmental Laws”). To the extent any Hazardous Materials were present in, that are necessary at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for Lessee's businessremoving or otherwise monitoring or remediating such Hazardous Materials as required by, provided that such usage and storage is in full compliance with with, all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions)Environmental Laws at no cost to Tenant. Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee Tenant shall indemnify, protect, defend and hold Lessor Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and against any and all claimscosts, judgmentsfees, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from expenses and/or liabilities of any kind or nature in any way related to the useexistence, presenceremoval, transportation, storage, disposal, spill, release transportation or discharge disposal of any Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseein, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks underat, on or about the Premises for Property caused by Tenant or any of Tenant’s invitees, agents, employees, contractors, subtenants or licensees. If any action or proceeding is brought against any of the storage Landlord Indemnities by reason of such claim, Tenant, upon notice from any of the Landlord Indemnities, shall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, fees, damages, losses, expenses, and/or liabilities in connection with a release of Hazardous Materials without by Tenant or any of Tenant’s agents, employees, contractors, subtenants or licensees, Tenant shall pay such costs, fees and/or expenses within thirty (30) days of written request from the express written consent affected Landlord Indemnities. Other than in the case of Lessoran emergency, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor Landlord shall not include incur any fees or costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries before notifying Tenant that it is likely to property, person or natural resources, or any incur such fees and costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterunless Tenant takes corrective action.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Except for Hazardous Materials (as defined below)) which were upon the Premises through no act or failure of Tenant before the date of this Lease, that are necessary Tenant agrees not to cause or permit the presence, use, generation, release, discharge, storage, disposal, or transportation of any Hazardous Materials on, under, in, above, to, or from the Premises other than presence, use, storage and transportation which is both (i) required for Lessee's businessand solely incidental to Tenant’s principal use and operation of the Premises, provided that such usage and storage is (ii) in full strict compliance with all applicable localLaws. Tenant’s obligations under the preceding sentence shall not be applicable to Hazardous Materials that (i) migrate to the Premises from beyond the Premises, state or (ii) exist on, under, in, or above the Premises on or before the date on which the Tenant takes occupancy of the Premises. For the purposes of this Lease the term “Hazardous Materials” shall refer to any substances, materials, and federal statuteswastes that are or become regulated as hazardous or toxic substances under any applicable Laws. Tenant shall indemnify, ordersdefend, ordinancesand hold Landlord harmless from and against and reimburse Landlord for any breach of the foregoing obligations and all of the following which may result from such a breach: (a) any loss, rules cost, expense, claim, or liability arising out of any investigation, reporting, monitoring, clean-up, containment, removal, storage, or restoration work (“Remedial Work”) required by any Law, governmental agency, or political subdivision or prudent standards of real estate ownership and regulations management that other Landlords with similar condition or situations would adhere to, and (as interpreted by judicial and administrative decisions). Lessor shall have b) any claims of third parties for loss, injury, expense, or damage arising out of the right at all times presence, release, or discharge of any Hazardous Materials on, under, in, above, to, or from the Premises during the term of this Lease. Adjustment to Rent Lease Dated October 27, upon reasonable advanced notice1993, to Between Collagen Corporation, a Delaware Corporation (iTenant) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part The Equitable Life Assurance Society of the PremisesUnited States (Landlord), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee Tenant shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance comply with all applicable localstatutes, state and federal statutesordinances, rules, orders, ordinancesLaws and requirements of the federal, rules state, county and regulations municipal governments, and all departments thereof, relevant to the presence, storage, use, maintenance and removal of toxic, hazardous or contaminated substances (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasecollectively, upon reasonable advanced notice“Hazardous Material”) or wastes in, to (i) inspect on, or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphextent delivered to Tenant, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativesor contractors at the Building or brought to the Building by Tenant or its agents, invitees, licensees, subtenants, customers employees or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spillwhich presence, release storage, use, maintenance or discharge of Hazardous Materials removal is caused or permitted by the acts or omissions of LesseeTenant, it being expressly understood that without Landlord’s prior written consent, in Landlord’s sole discretion, Landlord in no way consents to, approves of, or acquiesces in such presence, storage, use, maintenance or removal of any Hazardous Material in, on, or about the Premises and the Building; however, Tenant may store and use typical quantities of customary office cleaning products in the Premises. Throughout the Term, as well as in the performance of Tenant’s Work, Tenant shall take all steps necessary to remove and dispose of all Hazardous Material or wastes that are delivered to Tenant, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost the Building or brought to the Building by Tenant or its agents, employees or contractors in a safe, lawful, and expense; such investigationappropriate manner. Xxxxxx agrees to indemnify and forever hold harmless Landlord, clean up its agents, successors, and remediation to be performed after Lessee has obtained Lessor's written consentassigns, which shall not be unreasonably withheld; providedand Xxxxxxxx’s mortgagee(s), howeveras their interests may appear, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgmentslosses, damages, penaltiesexpenses and costs, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' attorney’s fees and consultant fees) arising from or related to the cleanup costs, incurred by reason of Tenant’s use, presence, transportation, storage, disposal, spill, release maintenance or discharge removal of Hazardous Materials on Material or wastes in, on, or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resourcesPremises, or any costs or expenses not required by part of the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterBuilding.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee Tenant shall be entitled to use and store only those not cause or permit any Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (ihereinafter defined) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne brought upon, kept or used in or about the Premises or the Building by LesseeTenant, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, principals, employees, representatives, invitees, licenseesassigns, subtenants, customers contractors, consultants or contractorsinvitees without prior written consent of Landlord, which consent may be withheld for any reason whatsoever or for no reason at all. Lessee covenants to investigateIf Tenant breaches the obligations stated in the immediately preceding sentence, clean up and otherwise remediate any spill, release or discharge if the presence of Hazardous Materials Material on the Premises or around the Building caused or permitted by Tenant (or the acts aforesaid others) results in contamination of the Premises or omissions of Lesseethe Building or the surrounding area(s), or its agentsif contamination of the Premises or the Building or the surrounding area(s) by Hazardous Material otherwise occurs for which Tenant is legally, employeesactually or factually liable or responsible to Landlord (or any party claiming by, representativesthrough or under Landlord) for damages, inviteeslosses, licenseescosts or expenses resulting therefrom, subtenants, customers or contractors at Lessee's cost then Tenant shall fully and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall completely indemnify, defend and hold Lessor harmless Landlord (or any party claiming by, through or under Landlord) from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts, losses, suits, administrative proceedings and costs (liabilities or losses [including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean limitation: (i) diminution in the value of the Premises and/or the Building and/or the land on which title Building is located and/or any hazardous adjoining area(s) which Landlord owns or toxic wastes, materials or substances, and other pollutants or contaminants, in which are or become regulated by all applicable local, state and federal lawsit holds a property interest; (ii) petroleumdamages for the loss or restriction on use of rentable or usable space of any amenity of the Premises, the Building or the land on which the Building is located; (iii) asbestosdamages arising from any adverse impact on marketing of space; and (iv) polychlorinated biphenyls; any sums paid in settlement of claims, attorney’s fees, consultants’ fees and (v) radioactive materials. The provisions of this paragraph shall survive expert fees] which arise during or after the termination Term of this Lease, as may be extended, as a consequence of such contamination. Lessor shall indemnify Lessee from and against This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any and all costs and expenses actually to be expended investigation of site conditions or any clean-up, remedial, removal or restoration work required by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdictionany federal, which final clean up state or remediate a release, spill local governmental agency or discharge political subdivision because of Hazardous Materials Material present in the soil or ground water on o£ under the Premises to or the extent such clean up or remediation results from (i) Building. Without limiting the acts or omissions foregoing, if the presence of Lessor; or (ii) as a result of any Hazardous Materials known to Lessor to exist Material on, under or about the Premises Premises, the Building or the Building as surrounding area(s) caused or permitted by Tenant (or the aforesaid others) results in any contamination of the date Premises, the Building or the surrounding area(s), Tenant shall immediately take all actions at its sole expense as are necessary or appropriate to return the Premises, the Building and the surrounding area(s) to the condition existing prior to the introduction of any such Hazardous Material thereto; provided that Landlord’s prior written discretionary approval of such actions by Tenant shall be first obtained. The foregoing obligations and responsibilities of Tenant shall survive the expiration or earlier termination of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Landlord represents and warrants that, to the remaining provisions best of this ------------------- paragraphLandlord’s knowledge, Lessee shall be entitled no release (as hereafter defined) of Hazardous Materials has occurred in the Premises or that Hazardous Materials are otherwise present in the Premises and/or the Property. Landlord represents and warrants that the Premises are in compliance with all federal, state and/or local statutes, regulations, rules and/or ordinances, and with all orders, decrees or judgments of governmental authorities or courts having jurisdiction, relating to use and store only those the use, generation, manufacture, collection, treatment, disposal, storage, control, removal or clean up of Hazardous Materials (defined below“Environmental Laws”). To the extent any Hazardous Materials are present in, that are necessary at, on or about the Premises and/or the Property at the Commencement Date, through no fault of Tenant, and Tenant notifies Landlord in writing of such Hazardous Materials not later than twenty (20) days following the Commencement Date, Landlord shall be responsible for Lessee's businessremoving or otherwise monitoring or remediating such Hazardous Materials as required by, provided that such usage and storage is in full compliance with with, all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions)Environmental Laws at no cost to Tenant. Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee Tenant shall indemnify, protect, defend and hold Lessor Landlord and its officers, directors, shareholders, agents and assigns (the “Landlord Indemnities”) harmless from and against any and all claimscosts, judgmentsfees, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from expenses and/or liabilities of any kind or nature in any way related to the useexistence, presenceremoval, transportation, storage, disposal, spill, release transportation or discharge disposal of any Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseein, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks underat, on or about the Premises for Property caused by Tenant or any of Tenant’s invitees, agents, employees, contractors, subtenants or licensees. If any action or proceeding is brought against any of the storage Landlord Indemnities by reason of such claim, Tenant, upon notice from any of the Landlord Indemnities, shall defend the same at Tenant’s expense by counsel selected by the Landlord. In the event any of the Landlord Indemnities incurs any costs, fees, damages, losses, expenses, and/or liabilities in connection with a release of Hazardous Materials without by Tenant or any of Tenant’s agents, employees, contractors, subtenants or licensees, Tenant shall pay such costs, fees and/or expenses within thirty (30) days of written request from the express written consent affected Landlord Indemnities. Other than in the case of Lessoran emergency, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor Landlord shall not include incur any fees or costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries before notifying Tenant that it is likely to property, person or natural resources, or any incur such fees and costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterunless Tenant takes corrective action.

Hazardous Materials. Subject Except for the incidental use of certain products for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or Project, Tenant hereby represents, warrants and covenants that Tenant will not produce, use, store or generate any "Hazardous Materials" (as defined below) on, under or about the Premises and/or Project. Tenant has fully and accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire") attached hereto as Exhibit "F" incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials, in addition to all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for breach of representation, Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant's failure to execute any such amendment within ten (10) days of Landlord's delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant shall not cause or permit any Hazardous Material to be brought upon, placed, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the remaining provisions Premises and/or Project by Tenant or Tenant's Parties. Tenant shall not excavate, disturb or conduct any testing of this ------------------- paragraphany soils on or about the Project without obtaining Landlord's prior written consent, Lessee and any investigation or remediation on or about the Project shall be entitled conducted only by a consultant approved in writing by Landlord and pursuant to use a work letter approved in writing by Landlord. Tenant shall keep, operate and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is maintain the Premises in full compliance with all applicable localfederal, state and federal statuteslocal environmental, health and/or safety laws, ordinances, rules, regulations, codes, orders, ordinancesdirectives, rules guidelines, permits or permit conditions currently existing and regulations as amended, enacted, issued or adopted in the future which are applicable to the Premises (as interpreted collectively, "ENVIRONMENTAL LAWS") and relate to Hazardous Materials that are introduced or permitted on or about the Project by judicial and administrative decisions)Tenant or Tenant's Parties. Lessor Landlord shall have the right at all times during (but not the term obligation) to enter upon the Premises and cure any non-compliance by Tenant with the terms of this Paragraph 3.2 or any Environmental Laws or any release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project, regardless of the quantity of any such release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on or about the Premises or Project, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand if resulting from any act or omission of Tenant or Tenant's Parties or from any breach of Tenant's obligations hereunder. If Landlord elects to enter upon the Premises and cure any such non-compliance or release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project, Tenant shall not be entitled to participate in Landlord's activities on the Premises. If any information provided to Landlord by Tenant in the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is false, incomplete, or misleading in any material respect, the same shall be deemed an event of default by Tenant under this Lease. Without limiting in any way Tenant's obligations under any other provision of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests Tenant and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, its successors and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee assigns shall indemnify, protect, defend and hold Lessor Landlord, its partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, the "INDEMNIFIED PARTIES") harmless from and against any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, suits, administrative proceedings costs and costs expenses (including, but not limited towithout limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant feesfees and laboratory costs) including, without limitation, damages arising out of the diminution in the value of the Premises or Project or any portion thereof, damages for the loss of the Premises or Project, damages arising from any adverse impact on the marketing of space in the Premises or related to Project, and sums paid in settlement of claims, which arise during or after the useTerm in whole or in part as a result of the presence or suspected presence of any Hazardous Materials, presencein, transportationon, storageunder, disposal, spill, release or discharge of Hazardous Materials on from or about the Premises caused by or the acts Project and/or other adjacent properties due to Tenant's or omissions of LesseeTenant's Parties' activities, its agentsor failures to act (including, employeeswithout limitation, representatives, invitees, licensees, subtenants, customers Tenant's failure to report any spill or contractors. Lessee shall not be entitled release to install any tanks underthe appropriate regulatory agencies), on or about the Premises for the storage or Project. For purposes of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used hereinthis Lease, the term Hazardous Materials shall mean "HAZARDOUS MATERIAL" means any chemical, substance, material, controlled substance, object, waste or any combination thereof, which is or may be hazardous to human health, safety or to the environment due to its radioactivity, ignitability, corrosiveness, reactivity, explosiveness, toxicity, carcinogenicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, petroleum and petroleum products, benzene, toluene, ethyl benzene, xylenes, waste oil, asbestos, radon, polychlorinated biphenyls (i) any hazardous or toxic wastesPCBs), materials or substancesdegreasers, solvents, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee of those chemicals, substances, materials, controlled substances, objects, wastes or combinations thereof which are now or may become in the future listed, defined or regulated in any manner as "hazardous substances", "hazardous wastes", "toxic substances", "solid wastes," or bearing similar or analogous definitions pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building any and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterall Environmental Laws.

Hazardous Materials. Subject (a) Tenant may cause or permit "Hazardous Materials" (as defined in Section 20.5(d) below) to be brought, kept or used in or about the remaining provisions of this ------------------- paragraphPremises by Tenant, Lessee shall be entitled to use and store only those Hazardous Materials (defined below)its agents, that are necessary for Lessee's businessemployees, contractors, or invitees, provided that such usage and storage is in full compliance Tenant complies with all applicable local, state Laws with respect thereto and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor provided that Tenant shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is be solely responsible for any increase in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspectionsany insurance maintained pursuant to Article 6, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice as well as of any spillsincrease in any other cost with respect to the operation of the Building, releases which is caused thereby. Tenant shall not be responsible for the presence of Hazardous Material in or discharges about the Premises which result from the underground migration of Hazardous Materials on to the PremisesPremises after the Commencement Date from other sites, or in any common areas or parking lots (if which is not considered part of the Premises), caused by the acts or omissions of LesseeTenant, or its agents, contractors, invitees or employees. Tenant hereby indemnifies Landlord, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants agrees to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend Landlord and hold Lessor Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and costs (or losses including, but not limited towithout limitation, sums paid in settlement of claims, attorneys' fees and costs, consultant fees, and expert fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge which arise as a result of Hazardous Materials on being be brought, kept or used in or about the Premises caused by the acts or omissions of LesseeTenant, its agents, employees, representativescontractors, or invitees, licenseesand/or as a result of the underground migration of Hazardous Materials to the Premises after the Commencement Date from other sites, subtenantswhich is caused by Tenant, customers or its agents, contractors, invitees or employees. Lessee shall not This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises, which Hazardous Material was caused or permitted to be entitled to install any tanks underbrought, on kept or used in or about the Premises for by Tenant, its agents, employees, contractors, or invitees. Without limiting the storage foregoing, if the presence of any Hazardous Materials without Material on the express written consent Premises caused or permitted by Tenant results in any contamination of Lessorthe Premises, which may be given or withheld in Lessor's Tenant shall promptly take all actions at its sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which expense as are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually necessary to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on return the Premises to the extent condition existing prior to the introduction of any such clean up or remediation results from (i) Hazardous Material and the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known contractors to Lessor to exist onbe used by Tenant for such work must be approved by Landlord, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor approval shall not be construed to create an independent obligation for Lessor to perform unreasonably withheld so long as such actions would not potentially have any material adverse long-term or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said mattershort-term effect on the Premises.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those not cause or permit any Hazardous Materials (defined below)as hereinafter defined) to be brought upon, that are necessary for Lesseestored, used, generated, released into the environment, or disposed of on, in, under, or about the Property, without the prior written consent of Lessor, which consent may be withheld in Lessor's business, provided that such usage and storage is in full compliance reasonable discretion. Lessee shall comply with all applicable local, state and state, or federal rules, regulations, statutes, ordersor ordinances concerning use, ordinancesstorage, rules and regulations (as interpreted by judicial disposal of any Hazardous Materials brought onto, used, or stored on the Property following consent. Upon expiration or sooner termination of this Lease, Lessee covenants to remove from the Property, at its sole cost and administrative decisions). Lessor shall have expense, any and all Hazardous Materials brought upon, stored, used, generated, or released into the right at all times environment during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests Lease and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or still located on the Premises; the cost of all such inspectionsProperty, tests and investigations to be borne by Lessee or Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its 's agents, employees, representativesassignees, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or invitees. To the fullest extent permitted by law, each party hereto hereby agrees to indemnify, defend, protect, and hold harmless the other party hereto and its agents, employeesand respective successors and permitted assigns, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising losses incurred by or assessed against the indemnified party that arise during or after the term hereof directly or indirectly from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, or about the Premises Property which is or was caused or permitted by the acts such indemnifying party or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about contractors during the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretionterm hereof. As used hereinin this Lease, the term "Hazardous Materials Materials" shall mean (i) include any hazardous or toxic wastesmaterials, materials or substances, or wastes including (a) any materials, substances, or wastes that are toxic, ignitable, corrosive, or reactive and other pollutants or contaminants, which that are or become regulated by all applicable localany local governmental authority, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as agency of the date State of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resourcesNebraska, or any costs agency of the United States Government, (b) petroleum or expenses not required by the final clean up order this indemnity by Lessor petroleum-based products, (c) urea formaldehyde foam insulation, (d) polychlorinated biphenyls (PCBs), (e) freon and other chlorofluorocarbons, and (f) asbestos and asbestos-containing materials. In no event shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterHazardous Materials include office supplies.

Hazardous Materials. Subject (a) Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials’ as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit “G” attached hereto. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, landlord indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes or action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paw in settlement of claims, attorneys' ’ fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onin, under or about the Premises or Premises, the Building as or any other portion of the date Project and which are caused or permitted by Tenant or any of Tenant’s Parties. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials in the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities. In the event of any release of Hazardous Materials in existence caused or present which are caused permitted by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, Tenant or any costs of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or expenses appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord. At all times during the Term of this Lease. Landlord will have the right, but not required by the final clean up order obligation, to enter upon the Premises to Inspect, Investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.Lease regarding Hazardous Materials. As used in this Lease, the term “

Hazardous Materials. Subject Except for ordinary and general office supplies, including but not limited to the remaining provisions copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this ------------------- paragraphLease), Lessee shall be entitled agrees not to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leaseon, upon reasonable advanced noticein, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions Building, the Common Areas or any other portion of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne Building by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers “Lessee’s Parties”), without the prior written consent of Lessor, which consent Lessor may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Lessee agrees to complete and deliver to Lessor an Environmental Questionnaire in the form of Exhibit ‘I’ attached hereto. Upon the expiration or contractors. earlier termination of this Lease, Lessee covenants agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Building, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials that are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Building or any portion thereof by Lessee or any of Lessee’s Parties. To the fullest extent permitted by law, Lessee agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold harmless Lessor harmless and Lessor’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Lessor Indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, attorneys' clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, reasonable attorney’s fees, reasonable consultant feesand expert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Building and which are caused or permitted by the acts Lessee or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors’s Parties. Lessee shall not be entitled agrees to install promptly notify Lessor of any tanks under, on or about the Premises for the storage release of Hazardous Materials without in the express written consent Premises, the Building or any other portion of the Building which Lessee becomes aware of during the Term of this Lease, whether caused by Lessee or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Lessee or any of Lessee’s Parties, Lessor shall have the right, but not the obligation, to cause Lessee to immediately take all steps Lessor deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Lessor and Lessor’s mortgagee(s). At all times during the Term of this Lease, which Lessor will have the right, but not the obligation, to enter upon the Premises to reasonably inspect, investigate, sample and/or monitor the Premises to determine if Lessee is in compliance with the terms of this Lease regarding Hazardous Materials. Lessor shall make reasonable efforts to schedule such any such entrance so that it shall not impose an unreasonable burden upon Lessee. Lessor shall be responsible to Lessee for any costs that Lessee may be given or withheld in Lessor's sole discretionincur due to an unreasonable entrance upon the Premises. As used hereinin this Lease, the term “Hazardous Materials Materials” shall mean (i) and include any substances or wastes now or hereafter designated as hazardous or toxic wastesmaterial under any law, materials statute, ordinance, rule, regulation, order or substancesruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (“PCBs”) and freon and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialschlorofluorocarbons. The provisions of this paragraph shall Subparagraph 8(c) will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Development by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Development, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Development and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without at the express written consent Premises, the Building or any other portion of Lessorthe Development which Tenant becomes aware of during the Term of this Lease, whether caused by Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used in this Lease, the term "Hazardous Materials" shall mean and include any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof, whether solid, semi-solid, liquid or gaseous, which is or may be given hazardous to human health or withheld safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in Lessorthe Environmental Protection Agency's sole discretion"Refrigerant Recycling Rule," as amended from time to time) and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms or combinations thereof which are now or become in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, such properties or effects. As used herein, "Environmental Laws" means any and all federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits or permit conditions, currently existing and as amended, enacted, issued or adopted in the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, future which are or become regulated by all applicable localto Tenant, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsthe Premises or the Development. The provisions of this paragraph Subparagraph 8(c) shall survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease and annually thereafter, within ten (10) days of written request from Landlord, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit “F” attached hereto. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant’s Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without in the express written consent Premises, the Building or any other portion of Lessorthe Project which Tenant becomes aware of during the Term of this Lease, which may be given whether caused by Tenant or withheld any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord’s mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in Lessor's sole discretioncompliance with the terms of this Lease regarding Hazardous Materials. As used hereinin this Lease, the term “Hazardous Materials Materials” shall mean (i) and include any hazardous or toxic wastesmaterials, materials substances or substanceswastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (“PCBs”), and freon and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialschlorofluorocarbons. The provisions of this paragraph shall Subparagraph 8(c) will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Except for the Hazardous Materials which the original Tenant under this Lease must use in order to operate its business in the Premises (all of which Hazardous Materials still being subject to the remaining provisions terms of this ------------------- paragraphParagraph 8(c)), Lessee shall be entitled Tenant agrees not to use and store only those cause or knowingly permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored handled, generated, released or located on disposed of on, in, under or about the Premises; the cost of all such inspectionsPremises by Tenant, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers or contractors"Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Lessee covenants In furtherance of the foregoing, (i) within one hundred twenty (120) days following the Commencement Date, Tenant shall in writing identify to investigate, clean up and otherwise remediate any spill, release or discharge of Landlord the Hazardous Materials caused and quantities planned for use by Tenant in the acts Premises during the then-current Lease Year, and (ii) from time to time (but not more often than annually), upon Landlord's request, Tenant shall furnish to Landlord a written description of the Hazardous Materials and quantities used at the Premises during the most recent past calendar year. Upon the expiration or omissions earlier termination of Lesseethis Lease, or Tenant agrees to promptly remove from the Premises, at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises or any portion thereof by Tenant or any of Tenant's Parties, up to the clean up and remediation standards imposed by law or governmental regulators having jurisdiction. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onin, under or about the Premises and which are caused or knowingly permitted by Tenant or any of Tenant's Parties. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials at the Building as Premises which Tenant becomes aware of during the date Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities. In the event of any release of Hazardous Materials caused or knowingly permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the clean up standards imposed by law or governmental regulators. As used in existence this Lease, the term "Hazardous Materials" shall mean and include any hazardous or present which are caused by tenants other than Lessee toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the Building and Park. This indemnity by Lessor shall not include any costs of defense of LesseeState, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, the United States Government or any costs local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other chlorofluorocarbons. None of the foregoing is intended to reduce or expenses not required by expand Landlord's or Tenant's rights and obligations under any prior agreements to which Landlord and Tenant are parties concerning environmental remediation relating to Tenant's prior occupancy of the final clean up order Premises. The provisions of this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform Subparagraph 8(c) will survive the expiration or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication earlier termination of said matterthis Lease.

Hazardous Materials. Subject Lessee covenants and agrees, at its sole cost and expense, to indemnify, protect and save Lessor harmless against and from any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses (including, without limitation, reasonable attorneys’ fees and experts’ reasonable fees) of any kind or of any nature whatsoever (collectively, the remaining provisions “Indemnified Matters”) which may at any time be imposed upon, incurred by or asserted or awarded against Lessor and arising from or out of this ------------------- paragraph, Lessee shall be entitled to use and store only those any Hazardous Materials (defined below)as hereinafter defined) on, that are necessary for Lessee's businessin, provided that such usage and storage is in full compliance with under or affecting all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have or any portion of the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the PremisesPremises which were proximately caused, or in any common areas or parking lots (if not considered part created by, Lessee during Xxxxxx’s use and/or occupancy of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term “Hazardous Materials shall mean (i) Materials” means petroleum products and any other hazardous or toxic wastesmaterials, materials or substances, wastes and other pollutants or contaminants, substances which are defined, determined or become regulated identified as such in any Laws (as hereinafter defined) or materials which are required by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually Laws to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up encapsulated or remediate a release, spill or discharge of Hazardous Materials on removed from the Premises to or any surrounding area. As used herein, “Laws” means any Federal, State or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) and any judicial or administrative interpretation thereof, including any judicial or administrative orders or judgments. Indemnified Matters shall include, without limitation, all of the extent such clean up or remediation results from following: (i) the acts costs of removal of any and all Hazardous Materials from all or omissions any portion of Lessor; the Premises or any surrounding areas (except that the indemnity provided for under this paragraph shall not cover the costs of such removal unless either (a) such removal is required by any Laws or (b) any present or future use, operation, development, construction, alteration or reconstruction of all or any portion of the Premises is or would be conditioned in any way upon, or is or would be limited in any way until the completion of, such removal in accordance with any Laws), (i) additional costs required to take necessary precautions to protect against the release of Hazardous Materials on, in, under or affecting the Premises into the air, any body of water, any other public domain or any surrounding areas and (ii) costs incurred to bring the Premises and any surrounding areas into compliance with all applicable Laws with respect to Hazardous Materials. All removal work referred to above, all work and other actions to take precautions against release referred to above and all work and other actions performed in order to comply with Laws referred to above are herein collectively referred to as a result “Corrective Work.” Lessor’s rights under this Section 47 shall be in addition to all other rights of Hazardous Materials known Lessor under this Lease. Notwithstanding anything to Lessor the contrary contained herein, the indemnity provided for under this Section 47 with respect to exist surrounding areas shall not extend to the cost of Corrective Work on, in, under or about affecting any surrounding areas, if the Premises or the Building as applicable Hazardous Materials did not originate from any portion of the date Premises, unless the removal of this Lease; or (iii) any Hazardous Materials on, in, under or affecting any surrounding areas is required by Law or by order or directive of any Federal, State or local governmental authority in existence connection with the Corrective Work on, in, under or present which are caused by tenants other than Lessee affecting any portion of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterPremises.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those not, without the prior written consent of Lessor, use, store, manufacture, release, generate, dispose of or transport any Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations Material (as interpreted by judicial and administrative decisions). Lessor shall have defined in the right at all times during Sales Agreement) on, under, about or near the term of this Lease, upon reasonable advanced notice, to (i) inspect Demised Premises or the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheldBuilding; provided, however, that Lessee may, without Lessor's prior written consent, use and store on the Demised Premises commonly used cleaning materials and the substances described in attached Exhibit "D" (provided that such cleaning materials and substances are used and stored in a manner that prevents contamination of the Demised Premises and the Building). Any Hazardous Materials used, stored, manufactured, released, generated, disposed of or transported on, under, about or near the Demised Premises or the Building by Lessee shall be entitled done so in accordance with all applicable laws, statutes, codes, ordinances, rules and regulations. In the event Lessee causes any contamination of the Demised Premises or the Building, Lessee shall, upon demand of Lessor and at Lessee's sole cost and expense, promptly take all actions reasonably required by Lessor to respond immediately to an emergency without first obtaining Lessor's written consentremedy any such contamination. Lessee shall indemnify, defend (with counsel reasonably acceptable to Lessor), protect and hold harmless Lessor harmless (and Lessor's directors, officers, shareholders, partners, affiliates, employees, attorneys, agents and representatives, the foregoing being collectively referred to as "Lessor's Representatives") from and against any and all claims, demands, liabilities, obligations, damages, causes of action, judgments, damageslosses, penalties, fines, liabilities, losses, suits, administrative proceedings costs and costs expenses (including, but not limited towithout limitation, attorneys' and consultant reasonable attorney's fees) arising from which Lessor or related to the any of Lessor's Representatives may incur or suffer by reason of or in connection with any use, presence, transportation, storage, disposalmanufacture, spillrelease, release generation, disposal or discharge transport of any Hazardous Materials on on, under, about or about near the Demised Premises caused or the Building by the acts Lessee or omissions any of Lessee, its agents's officers, employees, agents, representatives, inviteescontractors, licensees, invitees or subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Tenant shall have no obligation to make any repairs, alterations or improvements to the remaining provisions Leased Premises or incur any costs or expenses whatsoever as a result of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges existence of Hazardous Materials at the Leased Premises unless such Hazardous Materials are placed on the Premises, or in any common areas or parking lots (if not considered part Leased Premises as a result of the Premises)act of Tenant, caused by the acts or omissions of Lesseeits employees, or its agents, employees, representatives, inviteescontractors or vendors after the date hereof, licensees, subtenants, customers or contractorsafter the date hereof. Lessee covenants Landlord shall be solely responsible for any changes to investigate, clean up and otherwise remediate any spill, release or discharge of the Leased Premises relating to Hazardous Materials caused required by any present or future laws, ordinances and regulations of any governmental authority, insurance carrier or any similar body, unless such Hazardous Materials are placed on the acts or omissions Leased Premises as a result of Lesseethe act of Tenant, or its employees, agents, employees, representatives, invitees, licensees, subtenants, customers contractors or contractors at Lessee's cost and expense; such investigation, clean up and remediation vendors after the date hereof. In the event Tenant should desire to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against make any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from additions or related improvements to the use, presence, transportation, storage, disposal, spill, release Leased Premises and is forced to incur any identifiable charges or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) arising as a result of Hazardous Materials known to Lessor to exist (not placed on the Leased Premises after the date hereof as a result of the act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof) in, on, under or about at the Leased Premises and which would not have otherwise been incurred with respect to such measures, Landlord shall be fully responsible for and shall reimburse Tenant for such expenses. Base Rent, Additional Rent and all other amounts payable by Tenant under this Lease shall xxxxx if as a result of the presence of any Hazardous Materials of the Leased Premises or any Hazardous Materials Claim (not arising as a result of the Building act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof after the date hereof), Tenant may not use the Leased Premises for the conduct of Tenant's business. Landlord shall indemnify and hold Tenant harmless on demand from and against all liabilities, costs, damages and expenses which Tenant may incur (including, without limitation, attorneys' and consultants' fees and disbursements) as the result of the presence of Hazardous Materials (not placed on the Leased Premises after the date hereof as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee result of the Building and Park. This indemnity by Lessor shall not include act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof) or pursuant to any costs Environmental Law, including, without limitation, claims, proceedings, enforcement, cleanups, removals or other actions of defense of Lessee, any governmental entity or any third party recovery against Lesseeor with respect to the Leased Premises relating to, any damages arising out of or injuries attributable to propertythe presence, person or natural resourcesuse, generation, storage, release, threatened release, discharge, transportation, or any costs disposal of Hazardous Materials (not placed on the Leased Premises after the date hereof as a result of the act of Tenant, its employees, agents, representatives, contractors or vendors after the date hereof) (collectively, "Hazardous Materials Claims"), or -------------------------- in enforcing the provisions of this Article 28 and Tenant may offset all such liabilities, costs, damages and expenses against Base Rent, Additional Rent and all other amounts payable by Tenant under this Lease. The foregoing indemnity of Landlord in favor of Tenant in this Article 28 shall be limited in its application to those items set forth in Schedule 5.16 of the Asset Contribution and Exchange Agreement, dated as of January 25, 1999, among Tenant, Kelco Industries, Inc., Landlord, individually and as Trustee of the Xxxx X. Xxxxx 1997 Annuity Trust and Xxxxx X. Xxxxx (the "Asset Agreement") in the same manner --------------- and extent as the indemnification obligations of Seller (as defined in the Asset Agreement) and the Shareholders (as defined in the Asset Agreement) are limited in Section 12.4(a) of the Asset Agreement with respect to items set forth on Schedule 5.16 of the Asset Agreement; however, there shall be no time limit with respect to the indemnification obligations of Landlord under this Lease. Except as limited in the preceding sentence, there are no other limitations upon the indemnification obligations of Landlord provided for in this Lease and the limitation in the preceding sentence shall have no application to the indemnification obligations of Landlord in their application to items not required by set forth in Schedule 5.16 of the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterAsset Agreement.

Hazardous Materials. Subject Tenant, at its sole cost, to the remaining provisions of this ------------------- paragraphextent required by Environmental Requirements (as defined herein), Lessee shall be entitled to use will investigate, remove, monitor, mitigate, and store only those remediate Hazardous Materials (defined below)released into or on the Building or Land by any Tenant Parties. During the Term, that are necessary for Lessee's businessLandlord will, provided that such usage at its sole expense, promptly and storage is in full compliance with all applicable localdiligently investigate, state remove, monitor, mitigate and/or remediate any and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials usedlocated in, stored or located on and under the Premises; Building and the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots Land (if not considered part of the Premisesother than those for which Tenant is responsible under this Section 19), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which as may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee required pursuant to the terms of a final clean up order issued by a government entity having jurisdictionLegal Requirements. Landlord represents and warrants to Tenant that, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; , to Landlord’s actual knowledge, there are no substances, materials, wastes, pollutants, or contaminants listed or defined as hazardous or toxic under any Environmental Requirement (iii“Hazardous Materials”) Hazardous Materials in existence or present which are caused by tenants other than Lessee of on the Building and Parkthe Land in violation of Legal Requirements, other than as set forth in the Phase I Environmental Assessment [dated , and prepared by ], and provided to Tenant. This indemnity Landlord shall, at its sole cost, comply with, and cause the Building and the Land to comply with, all Environmental Requirements during the Term, except to the extent Tenant is required to do so under this Section 19. Without limiting the foregoing, Landlord shall, at its sole cost, promptly and diligently (i) investigate, remove, monitor, mitigate, and/or remediate (or, at Tenant’s election, reimburse Tenant for the costs to investigate, remove, monitor, mitigate, and/or remediate) any and all Hazardous Materials located in, on, and under the Building or the Land (other than those for which Tenant is responsible under this Section 19) to the extent required by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resourcesEnvironmental Requirements, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise as may be required for the health or safety of Tenant’s employees; and (ii) obtain, maintain, and comply with any and all permits required with respect to perform by law following a final adjudication of said matter.the Building and the Land under applicable

Hazardous Materials. Subject Except for hair care products typically used in a facial/spa business, to the remaining provisions extent such supplies or products are used in the ordinary course of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that in the manner for which they were designed, in accordance with applicable laws, and in such usage amounts as may be typical for the type and storage is scale of facial/spa operations to be conducted by Tenant in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Tenant shall not cause or permit any Hazardous Materials to be generated, produced, brought upon, used, stored stored, treated or located on disposed of in or about the Premises; Premises or the cost of all such inspectionsProperty by Xxxxxx, tests Xxxxxx’s subtenants and/or assignees and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its their respective agents, employees, representativescontractors, inviteessub-lessees or invitees (collectively, licenseesthe “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or about the Premises or Project by Tenant, any of its subtenants, customers or contractors. Lessee covenants to investigateany of their respective employees, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, contractors, licensees or invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee Tenant shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee solely responsible for and shall indemnify, defend and hold Lessor Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts, losses, suits, administrative proceedings liabilities and costs losses (including, but not limited towithout limitation, diminution in valuation of the Premises or Project, and sums paid in settlement of claims and for reasonable attorneys' ’ fees, consultant fees and consultant expert fees) which arise during or after the Term as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or related any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the usecondition existing prior to the introduction of any such Hazardous Materials, presenceprovided Xxxxxxxx’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, transportationrestoration or other work, storageat Tenant’s sole cost and expense. Furthermore, disposalXxxxxx shall immediately notify Landlord of any inquiry, spilltest, release investigation or discharge enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at Xxxxxx’s sole cost and expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled contamination which Tenant is obligated hereunder to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsremediate. The provisions covenants of Tenant under this paragraph Section shall survive the expiration of the Term or earlier termination of this Lease. Lessor shall indemnify Lessee from As used in this Lease, the term “Hazardous Materials” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and against other chemical products, asbestos, PCBs and similar compounds, any different products and all costs and expenses actually materials which are subsequently found to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials have adverse effects on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises environment or the Building health and safety of persons, and including any substances 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, the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of California Health and Safety Code and/or under the Building Comprehensive Environmental Response, Compensation and ParkLiability Act, 42. This indemnity by Lessor shall not include any costs of defense of LesseeX.X.X. §0000, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matteret seq.

Hazardous Materials. Subject Trustor hereby agrees to the remaining provisions indemnify, hold harmless and defend (by counsel of this ------------------- paragraphBeneficiary's choice) Beneficiary, Lessee shall be entitled to use and store only those Hazardous Materials (defined below)its directors, that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agentsofficers, employees, representativesagent, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up successors and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless assigns from and against any and all claims, judgmentslosses, damages, penaltiesliabilities, fines, liabilitiespenalties, losses, suitscharges, administrative and judicial proceedings and costs (includingorders, but not limited tojudgments, attorneys' and consultant fees) arising from or related to the useremedial action requirements, presenceenforcement actions of any kind, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually incurred in connection therewith (including but not limited to be expended by Lessee pursuant to attorneys' fees and expenses), arising directly or indirectly, in whole or in part, out of (a) the terms presence on or under the Property of a final clean up order issued by a government entity having jurisdictionany Hazardous Materials, which final clean up or remediate a release, spill any releases or discharge discharges of any Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about from the Premises Property, or (b) any activity carried on or undertaken on or off the Building as Property, whether prior to or during the term of the date Loan, and whether by Trustor or any predecessor in title or any employees, agents, contractors or subcontractors of this Lease; Trustor or (iii) any predecessor in title, or any third persons at any time occupying or present on the Property, in connection with the handling, treatment, removal, storage, decontamination, clean-up, transport or disposal of any Hazardous Materials in existence at any time located or present which are caused by tenants other than Lessee of on or under the Building and ParkProperty. This The foregoing indemnity by Lessor shall not include further apply to any costs of defense of Lesseeresidual contamination on or under the Property, or affecting any third party recovery against Lessee, any damages or injuries to property, person or natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes and ordinances. Trustor hereby acknowledges and agrees that, notwithstanding any other provision of this Trust Deed or any costs or expenses of the other Loan Documents to the contrary, the obligations of Trustor under this Section 6.1.3 shall be unlimited personal obligations of Trustor and shall survive any foreclosure under this Trust Deed, any transfer in lieu thereof, and any satisfaction of the obligations of Trustor in connection with the Loan. Trustor acknowledges that Beneficiary would not required extend the Loan but for the personal liability undertaken by Trustor for the final clean up order obligations under this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterSection 6.1.3.

Hazardous Materials. Subject () Throughout the Lease Term, Tenant shall not knowingly cause, permit or allow any chemical substances, asbestos or asbestos-containing materials, formaldehyde, polychlorinated biphenyls, and toxic, carcinogenic, radioactive, dangerous or hazardous material, substance, waste, contaminant, or pollutant regulated now or hereafter by any governmental entity or agency (collectively, "Hazardous Materials") to be placed, stored, dumped, dispensed, released, discharged, used, sold, transported, or located on or within any portion of the Premises, the Building or the Land by itself or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants; provided, however, minor quantities of Hazardous Materials may be used or stored in the Premises for cleaning purposes only or in connection with the use of office equipment and the normal operation of Tenant's office only, so long as such quantities and the use thereof are permitted by or are exempt from applicable governmental regulation. Tenant agrees to give Landlord prompt written notice of any discovery, discharge, release or threatened discharge or threatened release of any Hazardous Materials on or about the Premises, the Building or the Land. Tenant agrees to promptly clean up any Hazardous Materials which are placed in the Premises or on the Land by Tenant or its servants, agents, employees, contractors, subcontractors, licensees, assignees or subtenants and to remediate and remove any such contamination relating to the remaining provisions of this ------------------- paragraphPremises, Lessee shall be entitled to use the Building and/or the Land, as appropriate, at Tenant's cost and store only those Hazardous Materials (defined below)expense, that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orderslaws, ordinances, rules and regulations (as interpreted by judicial then in effect and administrative decisions)to Landlord's satisfaction, at no cost or expense to Landlord. Lessor shall have the right at all times during the term of this LeaseAdditionally, upon reasonable advanced notice, Tenant hereby agrees to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend indemnify and hold Lessor harmless Landlord and Landlord's partners, officers, directors, members, affiliates, employees and agents from and against any all loss, cost, damage, liability and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs expense (including, but not limited to, including attorneys' fees and consultant feesexpenses) arising from or related relating to the use, presence, transportation, storage, disposal, spill, release or discharge of any Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (iother than those permitted above) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about placed in the Premises or the Building as of or on the date of this Lease; Land by Tenant or (iii) Hazardous Materials in existence its servants, agents, employees, contractors, subcontractors, licensees, assignees or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said mattersubtenants.

Hazardous Materials. Subject Lessee shall not bring any materials onto the Property or allow under its authority any materials to be brought onto the Property which are so-called "Hazardous Waste" or "Hazardous Materials" under federal or state environmental laws or which would subject Lessor or Lessee to liability for clean-up or other damages if such were spilled, released or disposed of (through storm sewers or otherwise) on the Property except for normal office chemicals such as copier toner kept in legal and proper containers. To the best of Lessor's knowledge, the Property does not currently contain any "Hazardous Waste" or "Hazardous Materials" as described above. Lessee shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations ("Hazardous Materials Laws") relating to the remaining provisions industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of this ------------------- paragraphany oil, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials"). Lessee shall at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Lessee's use of the Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Premises. Except as discharged into the sanitary sewer in strict accordance and conformity with all applicable Hazardous Materials Laws, Lessee shall be entitled to use cause any and store only those all Hazardous Materials (defined below)to be removed from the Premises and transported solely by duly licensed haulers to duly licensed facilities for final disposal of such Hazardous Materials and wastes. Lessee shall in all respects handle, that treat, deal with and manage any and all Hazardous Materials in, on, under or about the Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. All reporting obligations imposed by Hazardous Materials Laws are necessary solely the responsibility of Lessee. Upon expiration or earlier termination of this Lease, Lessee shall cause all Hazardous Materials to be removed from the Premises and transported for Lessee's businessuse, provided that such usage storage or disposal in accordance with and storage is in full complete compliance with all applicable localHazardous Materials Laws. Lessee shall not take any remedial action in response to the presence of any Hazardous Materials in, state on, about or under the Premises or in any Improvement situated on the Land, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Premises or the Improvements on the Land without first notifying Lessor of Lessee's intention to do so and federal statutesaffording Lessor ample opportunity to appear, ordersintervene or otherwise appropriately assert and protect Lessor's interest with respect thereto. In addition, ordinancesat Lessor's request, rules and regulations (as interpreted by judicial and administrative decisions)Lessee shall remove all tanks or fixtures which contain or contained or are contaminated with Hazardous Materials. If Lessor has reason to believe that unauthorized Hazardous Materials may exist on or in respect to the Premises, or that Hazardous Materials may have been spilled or disposed of or treated or handled in violation of the provisions hereof, Lessor shall have the right at all times during the term of this Leaseto require Lessee to undertake and submit to Lessor an environmental audit from an environmental company reasonably acceptable to Lessor, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in which audit shall evidence Lessee's compliance with this provision. Lessor may, at its expense, commission an environmental audit of the Premises at any time after prior written notice to Lessee. Anything in this Article XXIV to the contrary notwithstanding, the provisions of this paragraph, Article shall only apply to hazardous materials and (iii) request lists of all Hazardous Materials used, stored or located on waste brought onto the Premises; the cost of all such inspections, tests and investigations to be borne Office/Warehouse Complex by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, inviteescontractors, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterinvitees.

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials and, to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials extent approved in writing by Landlord (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided), howevermaterials reasonably necessary for the conduct of Tenant's business that are used and stored in compliance with all applicable laws (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to cause or permit any Hazardous Materials to be brought upon, stored, used, handled, generated, released or disposed of on, in, under or about the Premises by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "TENANT'S PARTIES"), without the prior written consent of Landlord, which consent Landlord may, except as otherwise expressly provided above (with respect to materials reasonably necessary for the conduct of Tenant's business that Lessee shall be entitled are used and stored in compliance with all applicable laws), withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to respond immediately complete and deliver to Landlord an emergency without first obtaining LessorEnvironmental Questionnaire in the form of EXHIBIT "E" attached hereto. Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises by Tenant or any of Tenant's written consentParties. Lessee shall To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "LANDLORD INDEMNIFIED PARTIES") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onin, under or about the Premises and which are caused or permitted by Tenant or any of Tenant's Parties. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials which Tenant becomes aware of during the Building as of the date Term of this Lease; or (iii) Hazardous Materials in existence or present which are , whether caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, Tenant or any costs other persons or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.entities. In the

Hazardous Materials. Subject Landlord represents and warrants that, to the remaining provisions best of this ------------------- paragraphLandlord’s knowledge, Lessee shall other than the existing and ongoing remediation described on Exhibit H and disclosed to Tenant (i) there does not exist (and will not exist as of the date of Substantial Completion) any leak, spill, release, discharge, emissions or disposal of Hazardous Materials on the Lot (including the Building to be entitled to use located thereon), and store only those (ii) the Building and interior Premises do not (and will not as of the date of Substantial Completion) contain any Hazardous Materials (defined belowincluding vapor intrusion into such Building in excess of the Efficacy Confirmation Standards as identified in Exhibit W), except as may be contained in customary cleaning supplies or in such other supplies (e.g. paint) that are necessary for Lessee's businessLandlord to perform its obligations hereunder. In the event that any such leak, provided that spill, release, discharge, emission, vapor intrusion or disposal of Hazardous Materials shall occur on or in the Premises, the Lot or (apart from de minimis amounts of such usage materials used for cleaning and storage is maintenance purposes or in full connection with the operation of loading docks) the Park not caused by the actions of Tenant or its officers, employees, agents, contractors or licensees, Landlord shall take any and all actions necessary to remove from the Premises, the Park and/or the Building (excluding all portions thereof leased or leasable to tenants) or remediate or mitigate all Hazardous Materials in compliance with all applicable localHazardous Waste Laws and other governmental requirements relating thereto. Landlord agrees to notify Tenant immediately upon discovery of any Hazardous Materials on the Lot, state Building or in the Park. In connection therewith, attached as Exhibit H are references to two (2) purchase and federal statutessale agreements from Landlord’s (and/or its affiliate(s’)) purchase of the Lot (specifically the Phase I Lot, ordersthe Phase II Lot and the Phase III Lot) from Tyco (or its predecessor M/A-Com) (together with its successors and/or assigns, ordinances“Tyco”), rules which such agreements contain an indemnity from Tyco (benefitting Tenant directly or benefitting Landlord (in which event if not direct, then Landlord hereby agrees to attempt to enforce such indemnity on Tenant’s behalf, as applicable to the extent allowed by such indemnity) associated with the ongoing clean-up and regulations remediation occurring on the Lot. Further, Landlord agrees to purchase, at its sole cost and expense, and keep in force during the Term, subject to availability of policy extension (including any extensions hereunder) an environmental insurance policy naming Tenant as interpreted a Named Insured in substantially the form previously provided by judicial and administrative decisionsLandlord to Tenant (the “Environmental Insurance Policy”). Lessor shall have the right Landlord shall, at all times during the term of this Leaseits sole cost and expense, upon reasonable advanced notice, perform or cause to be performed (i) inspect the Premisessubsurface sampling and environmental assessment work as set forth and described in Exhibit W as part of the construction of the Phase I Building (“Subsurface Investigation”), (ii) conduct tests any and investigations to determine whether Lessee is all Response Actions required under the MCP or other applicable Hazardous Waste Laws as the result of the detection of any Hazardous Materials in connection with the Subsurface Investigation or during construction activities (the “Remedial Work”) and shall complete such Remedial Work in compliance with the provisions of this paragraphMCP or other applicable Legal Requirements, and (iii) request lists the installation of a vapor mitigation system in the Phase I Building in compliance with the MCP and other applicable Legal Requirements (including any guidance, rules or regulations issued or promulgated by the Massachusetts Department of Environmental Protection (“DEP”)) all in consultation with and to the reasonable satisfaction of Tenant prior to occupancy of the applicable portion of the Premises by Tenant. To the extent that DEP issues a Release Tracking Number for any Hazardous Materials useddetected during the Subsurface Investigation or construction, stored Landlord shall make all commercially reasonable efforts to achieve or located on the Premises; the cost of all such inspections, tests and investigations cause to be borne by Lessee, if Lessor finds violations achieved a Response Action Outcome (as those terms are defined in the MCP). To the extent the recording of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written a notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots activity and use limitation (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees“AUL”) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) is necessary as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as performance of any of the date of actions described in this Lease; paragraph or otherwise, such AUL must expressly permit the Intended Use as well as any accessory uses relating to same including, without limitation, a health club facility. Landlord represents and warrants to Tenant that Tyco has approved the final Release Abatement Measure Plan Phase I Construction at 00 Xxxxx Xxxxxx, 00-00 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxxxx, RTN 3-0264, prepared for Burlington Crossing Realty Trust (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee “Phase I RAM Plan”). Landlord shall, as part of the Building construction of Phase II and Park. This indemnity Phase III, perform or cause to be performed any other environmental assessment, mitigative, response and/or remedial measures/work to the Phase II Lot and Phase III Lot in compliance with a scope of work and release abatement plan approved by Lessor Tyco and Tenant, which approval shall not include in Tenant’s case be unreasonably withheld, conditioned or delayed, the Tyco Agreements and applicable Legal Requirements prior to and during occupancy of the Phase II and Phase III Premises by Tenant. To the extent any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resourcessuch work, or any costs proposed additional environmental assessment or expenses not activities conducted by Landlord on any Lot or the Park identifies an additional or previously unknown release or threatened release of Hazardous Materials at, under, from or to the Lot or any one of them, Landlord shall, at Landlord’s sole cost and expense, conduct (or cause to be conducted) all response actions required by under applicable Legal Requirements to assess, contain, xxxxx, mitigate and/or remediate the final clean up order this indemnity by Lessor identified condition, and shall not be construed do so in compliance with applicable Legal Requirements, including, without limitation, CERCLA, M.G.L. c.21E, and the Massachusetts Contingency Plan, 310 CMR 40.0000. Tenant shall bear no liability and/or right of contribution to create an independent obligation for Lessor to perform or pay Landlord for any remediation existing, or clean up over and above what Lessor would otherwise be required previously unknown release(s) or threatened release(s) of Hazardous Materials. Landlord shall obtain for Tenant from any environmental consultant performing any Hazardous Materials assessment or report on behalf of Landlord or its mortgagees the right of Tenant to perform rely upon any such assessment or report issued by law following a final adjudication of said mattersuch consultant.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph8.1 Concessionaire covenants and agrees that it will not use, Lessee shall be entitled to use and store only those store, maintain, discharge or operate, any “Hazardous Materials Substances” (as defined belowhereinafter), that are necessary for Lessee's businesswhether intentionally or unintentionally, provided that such usage on the Assigned Premises or the Airport in violation of any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses or permits of any governmental authorities, relating to environmental matters (being hereafter collectively referred to as the Environmental Laws) including by way of illustration and storage is not by way of limitation; the Clean Air Act, the Federal Water Pollution Control Act of 1972, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, the Compensation and Liability Act of 1980 and the Toxic Substances Control Act (including any amendments or extensions thereof and any rules, regulations, standards or guidelines issued pursuant to any Environmental Laws). Except in full compliance with all applicable localEnvironmental Laws, state Concessionaire, its subsidiaries, subcontractors and federal statutessuppliers, orders, ordinances, rules and regulations anyone on the Airport with the consent of the Concessionaire shall not discharge “Hazardous Substances” (as interpreted by judicial and administrative decisions)defined hereinafter) into the sewer and/or storm water drainage system serving the Airport, or cause any Hazardous Substances to be placed, held, stored, processed, treated, released, or disposed of on or at the Airport. Lessor shall have the right at all times during the term Upon termination of this LeaseAgreement, upon reasonable advanced noticeConcessionaire shall, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless remove from and against any the Airport all Hazardous Substances and all claimstanks and other containers which are being used or were used, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of LesseeConcessionaire, its agentssubsidiaries, employeessubcontractors, representativesor suppliers, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, anyone on or about the Premises for Airport with the storage of Hazardous Materials without the express written consent of Lessorthe Concessionaire, which may be given to hold Hazardous Substances, discharged or withheld in Lessor's sole discretion. As used hereinoccasioned from the Concessionaire’s operations or the operations of any of its subsidiaries, the term Hazardous Materials shall mean (i) any hazardous subcontractors, or toxic wastessuppliers, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials anyone on the Premises to Airport with the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as consent of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and ParkConcessionaire. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.“

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding or any portion thereof by Tenant, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's members, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onin, under or about the Premises or the Building as and which are caused or permitted by Tenant or any of Tenant's Parties; provided, however, that such indemnity shall not cover (and Tenant shall not be required to remediate or otherwise be liable for) the presence of Hazardous Materials on, about or under the Premises resulting from a release originating outside of the date Premises (and not caused by an act of Tenant or its employees, agents or invitees). The burden of proof on the issue of migration of Hazardous Materials onto the Premises shall be allocated to Tenant. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials at the Premises, which Tenant becomes aware of during the Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used in existence this Lease, the term "Hazardous Materials" shall mean and include any hazardous or present which are caused by tenants other than Lessee toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the Building and Park. This indemnity by Lessor shall not include any costs of defense of LesseeState, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, the United States Government or any costs local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other chlorofluorocarbons. The provisions of this Subparagraph 8(c) will survive the expiration or expenses not required by the final clean up order earlier termination of this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterLease.

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties'), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "G" attached hereto. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, property managers, asset managers, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits. causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, attorneys' clean--up, removal, remediation and restoration costs, sums paid in settlement of claims, attorney's fees, consultant feesfees and expert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onin, under or about the Premises or Premises, the Building as or any other portion of the date Project and which are caused or permitted by Tenant or any of Tenant's Parties, Tenant agrees to promptly notify Landlord of any release of Hazardous Materials in the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities. In the event of any release of Hazardous Materials in existence caused or present which are caused permitted by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, Tenant or any costs of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or expenses not required by the final clean up order this indemnity by Lessor shall not be construed appropriate to create an independent obligation for Lessor remediate such release and prevent any similar future release to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.MISSION PARK BUSINESS CENTER

Hazardous Materials. Subject a. Neither Lessee nor any Carrier shall cause or permit any hazardous or toxic wastes, substances or materials (collectively, “Hazardous Materials”) to the remaining provisions of this ------------------- paragraphbe used, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials usedgenerated, stored or located on disposed of on, under or about, or transported to or from, the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Leased Premises (collectively “Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Activities”) without first receiving Lessor's ’s written consent, which shall not may be unreasonably withheld; providedwithheld for any reason whatsoever or no reason and which may be revoked at any time, however, that Lessee and then only in compliance (which shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consentat Lessee’s sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Xxxxxx and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs and liabilities, lossesincluding court costs and legal fees, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from out of Lessee’s or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Carrier’s Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist Activities on, under or about the Premises Leased Premises, regardless of whether or not Lessor has approved Xxxxxx’s Hazardous Materials Activities. For the Building as of the date purposes of this Lease; or (iii) , Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as “hazardous substances” or “toxic substances” in existence or present the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances defined as “hazardous wastes” in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, Lessee shall, prior to the Commencement Date, submit to Lessor for Lessor’s review and approval, a list of Hazardous Materials Activities, including types and quantities, which are caused by tenants other than Lessee of list to the Building and Park. This indemnity extent approved by Lessor shall not include be attached hereto as Exhibit C. Prior to conducting any costs other Hazardous Materials Activities, Lessor shall update such list as necessary for continued accuracy. Lessor shall also provide Lessee with a copy of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not Hazardous Materials inventory statement required by any applicable legal requirements. If Xxxxxx’s activities violate or create a risk of violation of any legal requirements shall cease such activities immediately upon notice from Lessor. Lessor, Lessor’s representatives and employees may enter the final clean up order Leased Premises at any time during the term to inspect Lessee’s compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this indemnity by Lessor Section 15 shall not be construed to create an independent obligation for Lessor to perform survive termination or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication expiration of said matterthe term of this Lease.

Hazardous Materials. Subject Landlord hereby represents, warrants and agrees that Landlord is not aware of the presence, release, storage or use of any Hazardous Materials in, about, under or adjacent to the remaining provisions of this ------------------- paragraphBuilding, Lessee and Landlord shall be entitled to use indemnify, defend, protect and store only those Hazardous Materials hold Tenant and its partners, officers, affiliates, employees, contractors, agents, and representatives harmless from any and all claims, actions, administrative proceedings, judgments, damages, punitive damages, penalties, fines, costs, expenses, liabilities, obligations, interest or losses, including, attorneys', consultant's, and expert's fees (defined belowcollectively "Claims"), that are necessary arise directly or indirectly from or in connection with the actual or alleged presence, release or remediation of any Hazardous Material in or into the air, soil, surface or groundwater at, on, about, under or within the Premises or the Building, or any portion thereof that the foregoing indemnity shall not apply to any Claims to the extent that the same relate to Hazardous Materials brought onto, released or discharged by Tenant on or about the Building or Premises. Except for Lessee's businessordinary and general office supplies typically used in the ordinary course of business within office buildings, provided that such usage as copier toner, liquid paper, glue, ink and storage is common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease), upon reasonable advanced noticeTenant agrees not to cause or permit any Hazardous Materials to be brought upon, to (i) inspect stored, used, handled, generated, released or disposed of on, in, under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without at the express written consent Premises, the Building or any other portion of Lessorthe Project which Tenant becomes aware of during the Term of this Lease, which may be given whether caused by Tenant or withheld in Lessorany other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's sole discretionParties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used hereinin this Lease, the term "Hazardous Materials Materials" shall mean (i) and include any hazardous or toxic wastesmaterials, materials substances or substanceswastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialschlorofluorocarbons. The provisions of this paragraph shall Section 8.5 will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Landlord represents to Tenant that to Landlord’s knowledge, as of the remaining provisions of this ------------------- paragraphCommencement Date, Lessee the Premises shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges free of Hazardous Materials on that would violate Requirements except as disclosed pursuant to Exhibit EXISTING CONDITIONS and Hazardous Materials introduced to the PremisesPremises by Tenant or any Tenant Party. In furtherance of, or and not in any common areas or parking lots (if not considered part limitation of, the foregoing, Landlord discloses to Tenant, and Tenant acknowledges such disclosure, that the interior of a non-operational boiler which shall remain in the basement of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) Building contains asbestos; (iv) polychlorinated biphenyls; and (v) radioactive -containing materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually Landlord further represents to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdictionTenant that, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease, there are no CFC-based refrigerants in the Building’s base building HVAC system. Landlord shall be responsible, at its sole cost and expense, to remove or remediate (or cause the removal or remediation of) any Hazardous Materials (i) found in the Building during the performance of the Landlord’s Work (except to the extent the responsibility of Tenant as provided below) solely to the extent such Hazardous Materials are existing in the Premises in violation of Landlord’s representation set forth in the first sentence of this paragraph or (ii) introduced to the Premises by Landlord after the Commencement Date and during the Lease Term, to the extent required by Requirements. Tenant shall not use, handle, transport, store, or dispose of any oil, hazardous or toxic substances, materials or wastes (collectively “Hazardous Materials”) in, under, on or about the Premises, the Building and/or the Lot except for usual and customary office products such as toner or cleaners which contain Hazardous Materials; provided, that (i) such cleansers, office supplies and products are ordinarily and customarily used in the ordinary course of first-class business offices and (ii) any such use is in strict compliance with all applicable Requirements. Without limiting the foregoing, any Hazardous Materials in the Premises, and all containers therefor, shall be used, kept, stored and disposed of with due care and in conformity with all applicable Requirements. If the transportation, storage, use, handling, or disposal of Hazardous Materials in the Premises, the Building, the Lot or anywhere on the Property arising out of or resulting from the acts or omissions of Tenant or its agents, employees, contractors, invitees, guests or others acting by, through or under Tenant, or Tenant’s use of the Premises, results in (1) contamination of the soil, air, surface or ground water or (2) loss, damage or harm to person(s) or property, then Tenant agrees (i) to notify Landlord immediately of any contamination, claim of contamination, loss or damage, (ii) after consultation with and approval by Landlord, to clean up all contamination in full compliance with all applicable statutes, regulations and standards, and (iii) to indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including, without limitation, reasonable attorneys’ fees, arising from or connected with any such contamination, claim of contamination, loss or damage. The provisions of this Section 5.7 shall survive the expiration or termination of this Lease. No consent or approval of Landlord shall in any way be construed as imposing upon Landlord any liability for the means, methods, or manner of removal, containment or other compliance with applicable Requirements for and with respect to the foregoing. The terms of this Section 5.7 shall apply to any transportation, handling, storage, use or disposal of Hazardous Materials in existence or present which are caused by tenants other than Lessee irrespective of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterwhether Tenant has obtained Landlord’s consent therefor.

Hazardous Materials. Subject Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)[illegible], that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphbuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Development by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers assignees, contractors or contractorsinvitees (collectively, "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Lessee covenants Upon the expiration or sooner termination of this Lease, Tenant agrees to investigateremove from the Premises, clean up the Building and otherwise remediate any spillthe Development, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's [illegible] cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in or under the Premises, the Building and/or the Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in or about the Premises Premises, the Building or any other portion of the Development and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without in the express written consent Premises, the Building or any other portion of Lessorthe Development which Tenant becomes aware of during the term of this Lease, which may be given whether caused by Tenant or withheld in Lessorany other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's sole discretionParties, Landlord shall have the right to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used hereinin this Lease, the term "Hazardous Materials Materials" shall mean (i) and include any hazardous or toxic wastesmaterials, materials substances or substanceswastes as now or hereafter designated under any law, and other pollutants statute, ordinance, rule, regulation, order or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions ruling of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as agency of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of State, the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, United States Government or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.petroleum based products, urea formaldehyde foam insulation, polychlorinated

Hazardous Materials. Subject to Landlord shall indemnify, defend, protect, save, hold harmless, and reimburse Tenant, its partners, officers, directors and employees for, from and against any and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or incident to, the remaining provisions production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of this ------------------- paragraph, Lessee shall be entitled to use and store only those any Hazardous Materials (defined below) on or about the Project by Landlord, its officers, employees, agents (in their capacity as agents) and/or independent contractors (in their capacity as independent contractors), that are necessary for Lessee's businessincluding, provided that such usage without limitation, the effects of handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Tenant’s negligence or the handling by Tenant during Tenant’s occupancy of the Premises of any Permitted Materials (as hereinafter defined) and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and storage is which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. For purposes hereof “Hazardous Materials” shall mean any flammable explosives, radioactive materials, hazardous wastes, toxic substances, or any related materials or substances, including, without limitation, any substance defined as or included in full compliance with all the definition of “hazardous substances” under any applicable localfederal, state and federal statutesor local law, ordersregulation or ordinance (collectively, ordinances, rules and regulations (as interpreted by judicial and administrative decisions“Hazardous Materials”). Lessor Tenant shall indemnify, defend, protect, save, hold harmless, and reimburse Landlord, its partners, officers, directors and employees for, from and against any and all costs, losses, liabilities, damages, assessments, lawsuits, deficiencies, demands, claims and expenses incurred in connection with, arising out of, resulting from or incident to, the production, use, generation, storage, treatment, disposal, discharge, release or other handling or disposition of any Hazardous Materials on or about the Project by Tenant, its officers, employees, agents and/or independent contractors, including, without limitation, the effects of such handling of any Hazardous Materials on any person or property within or outside the boundaries of the Project; but excluding from the foregoing indemnity, Landlord’s negligence or the handling by Landlord of any Permitted Materials and/or Hazardous Materials on or about the Project at levels which pose a risk to persons located on or about the Project, and which prompt the initiation of a removal, response, remedial or other action by a governmental agency or authority possessing and exercising jurisdiction over the Project. Notwithstanding the provisions of this section, Tenant and Landlord shall have the right at all times during to use, generate and store on the term of this Lease, upon reasonable advanced notice, to (i) inspect Premises and the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all transport to and from the premises and the Building, those Hazardous Materials usedwhich are generally used in the ordinary course in first class office buildings (collectively, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises“Permitted Materials”), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the Tenant’s use, presencegeneration, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld and transport thereof is in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by compliance with all applicable localfederal, state and federal local laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; , regulations and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from ordinances and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said mattermanufacturers’ instructions.

Hazardous Materials. Subject Except for hair care products typically used in a hair salon, to the remaining provisions extent such supplies or products are used in the ordinary course of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that in the manner for which they were designed, in accordance with applicable laws, and in such usage amounts as may be typical for the type and storage is scale of hair salon operations to be conducted by Tenant in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Tenant shall not cause or permit any Hazardous Materials to be generated, produced, brought upon, used, stored stored, treated or located on disposed of in or about the Premises; Premises or the cost of all such inspectionsProperty by Tenant, tests Xxxxxx’s subtenants and/or assignees and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its their respective agents, employees, representativescontractors, inviteessub-lessees or invitees (collectively, licenseesthe “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or about the Premises or Project by Tenant, any of its subtenants, customers or contractors. Lessee covenants to investigateany of their respective employees, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, contractors, licensees or invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee Tenant shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee solely responsible for and shall indemnify, defend and hold Lessor Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts, losses, suits, administrative proceedings liabilities and costs losses (including, but not limited towithout limitation, diminution in valuation of the Premises or Project, and sums paid in settlement of claims and for reasonable attorneys' ’ fees, consultant fees and consultant expert fees) which arise during or after the Term as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or related any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the usecondition existing prior to the introduction of any such Hazardous Materials, presenceprovided Landlord’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, transportationrestoration or other work, storageat Tenant’s sole cost and expense. Furthermore, disposalXxxxxx shall immediately notify Landlord of any inquiry, spilltest, release investigation or discharge enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at Xxxxxx’s sole cost and expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled contamination which Tenant is obligated hereunder to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsremediate. The provisions covenants of Tenant under this paragraph Section shall survive the expiration of the Term or earlier termination of this Lease. Lessor shall indemnify Lessee from As used in this Lease, the term “Hazardous Materials” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and against other chemical products, asbestos, PCBs and similar compounds, any different products and all costs and expenses actually materials which are subsequently found to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials have adverse effects on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises environment or the Building health and safety of persons, and including any substances 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, the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of California Health and Safety Code and/or under the Building Comprehensive Environmental Response, Compensation and ParkLiability Act, 42. This indemnity by Lessor shall not include any costs of defense of LesseeU.S.C. §9601, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matteret seq.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraphTenant, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or including its agents, employees, representatives, --------- ---------- contractors and invitees, licenseesshall not cause nor permit the presence, subtenantsrelease, customers storage, use or contractorshandling of any toxic substances or hazardous materials in, about or under the Premises, nor the Building nor the real property of which the Premises may be a part. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by If Tenant breaches the acts or omissions of Lesseeobligations stated in the preceding sentence, or its agentsif the presence of any such toxic substances or hazardous materials on or about the Premises caused or permitted by Tenant results in contamination of the Premises, employeesthe real property of which the Premises may be a part, representativesor any adjacent property, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee then Tenant shall indemnify, defend and hold Lessor Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts, losses, suits, administrative proceedings and costs liabilities or losses (including, but not limited towithout limitation, attorneys' diminution in value of the Premises and/or adjacent property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises and/or adjacent property, damages arising from any adverse impact on marketing of the Premises and/or adjacent property, costs incurred in connection with any cleanup, remedial, removal or restoration work, and sums paid in settlement of claims, attorney's fees, consultant fees and expert fees) arising from which arise during or related after the Term hereof, as a result of such contamination. Nothing contained herein shall be deemed or construed to limit the use, presence, transportation, storage, disposal, spill, release or discharge liability of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled Tenant to install any tanks under, on or about the Premises Landlord hereunder for the storage breach of Hazardous Materials without the express written consent any covenant of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsTenant under this Section. The provisions of this paragraph Section shall survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from Lease and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms Tenant's surrender of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterLandlord.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee shall not generate, store or use any "Hazardous Materials" (as hereinafter defined) in or on the Leased Premises or elsewhere on the Property, nor permit any person to do so on the Leased Premises, except (i) those customarily used in general offices, and (ii) subject to prior written notice to Lessor before the commencement of use by Lessee, those customarily used in connection with any of the other Permitted Uses. All such generation, storage and use shall be entitled to use done only in compliance with all Legal Requirements, Insurance Requirements and store only those applicable industry standards. Lessee shall not dispose of Hazardous Materials from the Leased Premises (defined below), that are necessary for Lessee's business, provided that such usage or permit any person or entity to do so) to any other location except a properly licensed disposal facility and storage is then only in full compliance with all applicable localLegal Requirements. Lessee shall not release or discharge, state and federal statutesor permit the release or discharge by persons or entities claiming by, ordersthrough or under Lessee, ordinances, rules and regulations (as interpreted by judicial and administrative decisions)of any Hazardous Materials in or on the Leased Premises or elsewhere on the Property. Lessor shall not be liable to Lessee or to anyone claiming by, through or under Lessee, or to any other person or entity or governmental authority whatsoever, in connection with the storage, generation, use, disposal, transport, or release of Hazardous Materials by Lessee, or anyone claiming by, through or under Lessee, or any of their respective officers, directors, servants, employees, agents, contractors, or invitees, whether or not such activities have been consented to by Lessor. Lessee shall not be liable to Lessor or to anyone claiming by, through or under Lessor, or to any other person or entity or governmental authority whatsoever, in connection with the right at all times during storage, generation, use, disposal, transport, or release of Hazardous Materials by Lessor, or anyone claiming by, through or under Lessor (exclusive of Lessee and those persons identified in the term immediately preceding sentence), or any of this Leasetheir respective officers, upon reasonable advanced noticedirectors, servants, employees, agents, contractors, or invitees, whether or not such activities have been consented to by Lessee. Lessee shall defend with counsel reasonably acceptable to Lessor, and indemnify and hold harmless Lessor and the holder of any mortgage, and their respective officers, directors, servants, employees, and agents, from and against any claim, expense, liability, demand, obligation, action, proceeding or assertion of liability, and any damage, cost or loss (including, without limitation, attorneys' fees, consultant's fees, the cost of litigation, and any remediation and cleanup costs), arising from or relating to (i) inspect the Premisesstorage, generation, use, disposal, transport, or release of Hazardous Materials by Lessee, or anyone claiming by, through or under Lessee, or any of their respective officers, directors, servants, employees, agents, contractors or invitees, whether or not such activities have been consented to by Lessor, or (ii) conduct tests and investigations to determine whether Lessee is the storage, generation, use, disposal, transport or release of Hazardous Materials in compliance with or on the provisions of this paragraphLeased Premises or elsewhere at the Complex during the Lease Term, and (iii) request lists of all Hazardous Materials used, stored in each case shall immediately discharge or located on the Premises; the cost of all such inspections, tests and investigations cause to be borne by Lessee, if Lessor finds violations of environmental laws and regulationsdischarged any lien imposed upon the Leased Premises in connection with any such claim. Lessee shall give not settle or compromise any claim without Lessor's prior written approval. Lessor shall defend with counsel reasonably acceptable to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or and indemnify and hold harmless Lessee and its agentsofficers, directors, servants, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any claim, expense, liability, demand, obligation, action, proceeding or assertion of liability, and all claimsany damage, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs cost or loss (including, but not limited towithout limitation, attorneys' fees, consultant's fees, the cost of litigation, and consultant fees) any remediation and cleanup costs), arising from or related relating to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about under the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building Property as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include settle or compromise any costs of defense of claim against Lessee without Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter's prior written approval.

Hazardous Materials. Subject to Except for lawful, ordinary and general office supplies and chemicals typically used in the remaining provisions ordinary course of this ------------------- paragraphbusiness of Lessee and other uses within commercial properties, Lessee shall be entitled to use such as copies toner, liquid paper, glue, ink and store only those common household cleaning materials (some or all of which may constitute “Hazardous Materials (Materials” as defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, Lessee agrees not to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all cause or permit any Hazardous Materials to be brought upon, stored, used, stored or located on the Premises; the cost handled, generated, released, disposed of all such inspectionson, tests and investigations to be borne by Lesseein, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on under or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers assignees, contractors, or contractors. Lessee shall not be entitled to install any tanks underinvitees (collectively, on or about the Premises for the storage of Hazardous Materials “Lessee’s Parties”), without the express prior written consent of Lessor, which may consent shall not be given unreasonably withheld or withheld in Lessor's sole discretiondelayed provided Lessee complies with all laws regarding the use, storage and disposition of any such Hazardous Materials. As used herein, Upon the term Hazardous Materials shall mean (i) any hazardous expiration or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the sooner termination of this Lease, Lessee agrees to remove from the Premises, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in or under the Premises or any portion thereof by Lessee or any of Lessee’s Parties. To the fullest extent permitted by law, Lessee agrees to promptly indemnify, protect, defend and hold harmless Lessor shall indemnify Lessee and Lessor’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Lessor’s Indemnified Parties”) from and against any and all costs and expenses actually to claims that Lessor may be expended by Lessee pursuant to the terms liable for, suffer, incur, or pay arising out of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of any Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions brought upon, stored, used, handled, generated, released, disposed of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, in, under or about the Premises by the Lessee parties. Lessee must comply with all clean-up, removal, repair, detoxification or the Building as remediation requirements of the date Texas Commission on Environmental Quality and the Environmental Protection Agency, and each of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building its successor agencies and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resourcesauthorities, or any costs other state agency, or expenses not required federal agency of competent jurisdiction, in rendering the Premises safe from injury or death and caused by any Hazardous Materials being brought upon, stored, used, handled, generated, released, disposed of on, in, under or about the final clean up order Premises by Lessee Parties. For purposes of this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.Section 7.02 “

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those these Hazardous Materials (defined below), that are necessary for Lessee's ’s business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, Lease to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphParagraph, and (iii) request lists of all Hazardous Materials used, used and stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulationsreasonably believes they are necessary. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts of or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate remedy any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's ’s cost and expense; such investigationinvestigations, clean up and remediation to be performed after Lessee has obtained Lessor's ’s written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an any emergency without first obtaining Lessor's ’s written consent. Lessee shall indemnify, defend and hold Lessor harmless from and the against any and all claims, judgmentsjudgements, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' attorney’s and consultant consultants fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by be the acts act or omissions omission of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without with the express written consent of Lessor, which may be given or withheld in Lessor's ’s sole express written discretion. As used herein, the term “Hazardous Materials Materials” shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminantscontaminates, which are or become regulated by all applicable local, state and federal laws; , any Rule or Regulation of the Tennessee Department of Environmental Regulation concerning the following elements: (ii) petroleum; , (iii) asbestos; , (iv) polychlorinated biphenylsbiphenylis; and (v) radioactive materials. The provisions of this paragraph Paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject to the remaining provisions of this ------------------- paragraphIf Buyer discovers any hydrocarbon substances, Lessee shall be entitled to use and store only those Hazardous Materials polychlorinated biphenyls, or any other hazardous or toxic substances, wastes or materials pollutants or contaminants pollutants or contaminants (defined belowas determined under federal, state or local law then in effect), that are necessary asbestos or asbestos-bearing materials or other environmental condition subject to legal requirements for Lessee's businesscorrective action or affecting the Property, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor Buyer shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphimmediately notify Seller, and (iii) request lists if such discovery is made after the Close of all Hazardous Materials usedEscrow, stored or located on Buyer shall cause the Premises; the cost of all such inspections, tests and investigations condition to be borne by Lesseecorrected in accordance with applicable law. From and after the Close of Escrow, if Lessor finds violations of environmental laws and regulations. Lessee Buyer shall give to Lessor immediate verbal and follow-up written notice of any spillsprotect, releases or discharges of Hazardous Materials on the Premisesdefend, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend indemnify and hold Lessor Seller and its parent company and their respective affiliates and subsidiaries, and their respective directors, officers, participants, employees and agents (collectively, “Seller Entities”) free and harmless from and against any and all claims (including third party claims), judgmentsdemands, losses, liabilities, damages, penaltiescosts and expenses, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited towithout limitation, investigatory expenses, clean-up costs and reasonable attorneys' and consultant fees) ’ fees of whatever kind or nature arising from or related in any way connected with the Property condition or any other aspect of the Property, no matter whether earlier discoverable or not and any effort of Buyer and/or Buyer’s contractors to correct the use, presence, transportation, storage, disposal, spill, release or discharge same. Buyer’s obligations of Hazardous Materials on or about indemnity set forth herein shall survive the Premises caused by the acts or omissions Close of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee Escrow and shall not be entitled merged with the Deed. If Seller has furnished to install Buyer any tanks underPhase I report (a “Phase I Report”), on Buyer acknowledges and agrees that Seller has not made any representations or about warranties regarding the Premises Phase I Report nor the content, completeness or accuracy of the Phase I Report and that Seller shall have no liability for any of the storage soil, environmental or structural conditions or any other conditions or matters described in the Phase I Report or otherwise. Buyer acknowledges and agrees that Buyer has been provided with an adequate opportunity to review the Phase I Report and to retain its own consultants and experts to review the Report and conduct its own inspections and examinations of Hazardous Materials without the Property and all matters relating to the Property. By its execution of this Agreement, Buyer (1) acknowledges that it is fully aware of the matters described in the Phase I Report, a copy of which Buyer has received and has reviewed and (2) after receiving advice of its legal counsel, waives any and all rights or remedies whatsoever, express written consent or implied, Buyer may have against Seller, including remedies for damages arising out of Lessoror resulting from any unknown, which may be given unforeseen or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) unanticipated presence or release of any hazardous substances from or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialson the Property. The provisions of this paragraph shall survive the termination Close of this Lease. Lessor shall indemnify Lessee from Escrow and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said mattermerged with the Deed.

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers "Tenant's Parties"), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Concurrently with the execution of this Lease and annually thereafter, within ten (10) days of written request from Landlord, Tenant agrees to complete and deliver to Landlord an Environmental Questionnaire in the form of Exhibit "F" attached hereto. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without in the express written consent Premises, the Building or any other portion of Lessorthe Project which Tenant becomes aware of during the Term of this Lease, which may be given whether caused by Tenant or withheld any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in Lessor's sole discretioncompliance with the terms of this Lease regarding Hazardous Materials. As used hereinin this Lease, the term "Hazardous Materials Materials" shall mean (i) and include any hazardous or toxic wastesmaterials, materials substances or substanceswastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialschlorofluorocarbons. The provisions of this paragraph shall Subparagraph 8(c) will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials and, to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials extent approved in writing by Landlord (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided), howevermaterials reasonably necessary for the conduct of Tenants business that are used and stored In compliance with all applicable laws (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant agrees not to cause or permit any Hazardous Materials to be brought upon, stored, used, handled, generated, released or disposed of on, in, under or about the Premises by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may, except as otherwise expressly provided above (with respect to materials reasonably necessary for the conduct of Tenant’s business that Lessee shall be entitled are used and stored in compliance with all applicable laws), withhold in its sole and absolute discretion. Concurrently with the execution of this Lease, Tenant agrees to respond immediately complete and deliver to Landlord an emergency without first obtaining Lessor's written consent. Lessee shall Environmental Questionnaire in the form of Exhibit “E” attached hereto Upon the expiration or earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, In, under or about the Premises by Tenant or any of Tenant’s Parties To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold Lessor harmless Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on or about the Premises caused by the acts or omissions of Lesseeon, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist onIn, under or about the Premises and which are caused or permitted by Tenant or any of Tenant’s Panics. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials which Tenant becomes aware of during the Building as of the date Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant’s Parties or any other persons or entitles, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord’s mortgagee(s) At all times during the Term of this Lease and in existence accordance with Section 15 hereof, Landlord will have the right, but not the obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials Tenant will, upon the reasonable request of Landlord (which request shall not, unless Tenant has failed to comply with the terms and provisions of this Section 6 3 or present which are caused by tenants other except in cases of emergency, be made more than Lessee once every six (6) months throughout the Term of this Lease, cause to be performed an environmental audit of the Building Premises at Tenant’s expense by an environmental consulting firm reasonably acceptable to Landlord As used in this Lease, the term “Hazardous Materials” shall mean and Park. This indemnity by Lessor shall not include any costs hazardous or toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of defense any agency of Lesseethe State, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, the United States Government or any costs local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, was formaldehyde foam insulation, polychlorinated biphenyls (“PCBs”), freon and other chlorofluorocarbons, and any material defined as a “biohazardous waste” or expenses not required by “medical waste” or other waste under California Health and Safety Code, Division 20, Chapter 81 (Medical Waste Management Act) The provisions of this Section 6 3 will survive the final clean up order expiration or earlier termination of this indemnity by Lessor Lease Tenant shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over immediately advise Landlord in writing of, and above what Lessor would otherwise be required to perform by law following provide Landlord a final adjudication of said matter.copy of:

Hazardous Materials. Subject Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute "Hazardous Materials" as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Development by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees. contractors or invitees (collectively, subtenants"Tenant's Parties"), customers without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Development, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Development or any portion thereof by Tenant or any of Tenant's Parties. To the fullest extent permitted by law, Tenant agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Development and which are caused or permitted by the acts Tenant or omissions any of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractorsTenant's Parties. Lessee shall not be entitled Tenant agrees to install promptly notify Landlord of any tanks under, on or about the Premises for the storage release of Hazardous Materials without at the express written consent Premises, the Building or any other portion of Lessorthe Development which Tenant becomes aware of during the Term of this Lease, which may be given whether caused by Tenant or withheld in Lessorany other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's sole discretionParties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used hereinin this Lease, the term "Hazardous Materials Materials" shall mean (i) and include any hazardous or toxic wastesmaterials, materials substances or substanceswastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialschlorofluorocarbons. The provisions of this paragraph shall Subparagraph 8(c) will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.

Hazardous Materials. Subject Tenant represents and warrants to Landlord that neither the Premises, nor any portion thereof, will be used for the handling or storage of any "Hazardous Materials" as such are generally defined with respect to current or future environmental regulations and/or laws, and that Tenant will not cause or permit to be brought upon, kept or used in or about the Premises, Building or Park any Hazardous Materials, other than commonly and legally used or stored general office supplies and office cleaning supplies, but only so long as the quantities thereof do not pose a threat to public health or to the remaining provisions of this ------------------- paragraphenvironment or would necessitate a "response action" as that term is defined in CERCLA, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full so long as Tenant strictly complies or causes compliance with all applicable local, state and federal statutes, orders, ordinances, governmental rules and regulations (as interpreted by judicial concerning the use, storage, production, transportation and administrative decisions)disposal of such Hazardous Substances. Lessor shall Without limiting any other rights that Landlord may have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, law or in any common areas or parking lots (if not considered part of the Premises)equity, caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants Tenant hereby indemnifies Landlord and agrees to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor Landlord harmless from and against any and all claimsliens, judgmentsdemands, damagessuits, penaltiesactions, finesproceedings, disbursements, liabilities, losses, suitslitigation, administrative proceedings and costs damages, judgments, obligations, penalties, injuries, costs, expenses (including, but not limited towithout limitation, attorneys' and consultant experts' fees) arising from and claims of any and every kind whatsoever paid, incurred, suffered by, or related asserted against Landlord and/or the Premises, Building and/or Building site for, with respect to, or as a direct or indirect result of the failure by Tenant to comply with this Paragraph. Landlord represents to Tenant, to the usebest of Landlord's knowledge, presence, transportation, storage, disposal, spill, release or discharge of that no Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist located on, under within or about upon the Project, Building, Premises or the Building common areas as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterCommencement Date.

Hazardous Materials. Subject to Neither Seller nor Stockholders has ever generated, transported, stored, handled, recycled, reclaimed, disposed of, or contracted for the remaining provisions disposal of, hazardous materials, hazardous wastes, hazardous substances, toxic wastes or substances, infectious or medical waste, radioactive waste or sewage sludges as those terms are defined by the Resource Conservation and Recovery Act of this ------------------- paragraph1976; the Comprehensive Environmental Response, Lessee shall be entitled to use Compensation and store only those Hazardous Materials Liability Act of 1980 (defined below"CERCLA"), that are necessary for Lessee's business, provided that such usage ; the Atomic Energy Act of 1954; the Toxic Substances Control Act; the Occupational Health and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, Safety Act; any comparable or similar Texas statute; or the rules and regulations promulgated under any of the foregoing, as each of the foregoing may have been from time to time amended (as interpreted by judicial and administrative decisionscollectively, "Hazardous Materials"). Lessor shall have Seller has never owned, operated, had an interest in, engaged in and/or leased a waste transfer, recycling, treatment, storage or disposal facility, business or activity other than the right at Business. To the best of Stockholders' and Sellers's knowledge, Seller has obtained and maintained all times during necessary trip tickets, signed by the term applicable waste generators, and other records demonstrating the nature of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is waste transported in compliance connection with the provisions Business. To the best of this paragraphStockholders' and Seller's knowledge, no employee, contractor or agent of Seller has, in the course and (iiiscope of employment with Seller, been harmed by exposure to Hazardous Materials. To the best of Stockholders' and Seller's knowledge, Seller has no direct or contingent liability or obligation for or in connection with any claimed release, discharge or leak of any substance onto the Land or into the environment. Further, no portion of the Land is listed on the CERCLA list or the National Priorities List of Hazardous Waste Sites or any similar list maintained by the State of Texas. Attached hereto as Schedule 5.1(m) request lists is a complete list of the names and addresses of all Hazardous Materials useddisposal sites at any time now or in the past utilized by Seller, stored or located none of which sites is listed on the PremisesCERCLA list or the National Priorities List of Hazardous Waste Sites or any comparable Texas list. Neither Seller, Stockholders nor the Land is listed as a potentially responsible party under CERCLA or any comparable or similar Texas statute; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up neither Seller nor Stockholders has received any written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenylsa listing; and (v) radioactive materials. The provisions neither Seller nor Stockholders knows of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually facts or circumstances which could give rise to be expended by Lessee pursuant to the terms of such a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterlisting.

Hazardous Materials. Subject to the remaining provisions Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials and medical supplies and medical waste stored, used, handled, and disposed of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state laws and federal statutes, orders, ordinances, rules and or regulations (some or all of which may constitute “Hazardous Materials” as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of defined in this Lease), upon reasonable advanced noticeTenant agrees not to cause or permit any Hazardous Materials to be brought upon, to (i) inspect stored, used, handled, generated, released or disposed of on, in, under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativespermitted subtenants, inviteespermitted assignees, permitted licensees, subtenantscontractors or invitees (collectively, customers “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Tenant agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate the Project, at its sole cost and expense and in compliance with all applicable requirements, any spilland all Hazardous Materials, release including any equipment or discharge of systems containing Hazardous Materials caused which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. To the acts or omissions of Lesseefullest extent permitted by law, or its agentsTenant agrees to promptly indemnify, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord’s members, and their respective members, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, investigation, monitoring, clean..up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project and which are caused or permitted by Tenant or any of Tenant’s Parties. In consideration of the acts or omissions of Lesseeforegoing, Landlord for its part also agrees to promptly indemnify, protect, defend and hold harmless Tenant, its agentsmembers, officers, directors, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean agents successors and assigns (i“Tenant Indemnified Parties”) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses, and costs (including, without limitation, investigation, monitoring, clean-up, removal, remediation, and expenses actually to be expended by Lessee pursuant to restoration costs, sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees and court costs) which arise or result from the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge presence of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, in, under or about the Premises Building or Project and which are caused or permitted by Landlord. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials at the Premises, the Building as or any other portion of the date Project which Tenant becomes aware of during the Term of this Lease; , whether caused or (iii) permitted by Tenant, Tenant’s Parties or any other persons or entities. In the event of any release of Hazardous Materials in existence caused or present which are caused permitted by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, Tenant or any costs of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems reasonably necessary and appropriate to investigate or expenses remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord’s mortgagee(s). At all times during the Term of this Lease, upon prior written notice to Tenant and without interference to Tenant’s business (except in the case of an emergency), Landlord will have the right, but not required by the final clean up order obligation, to enter upon the Premises to inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this indemnity by Lessor Lease regarding Hazardous Materials. The provisions of this Subsection shall not be construed to create an independent obligation for Lessor to perform survive the expiration or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication earlier termination of said matterthis Lease.

Hazardous Materials. Subject Except for the incidental use of certain products for routine cleaning and maintenance of floors, bathrooms, windows, kitchens, and administrative offices on the Premises or Project, which products have been disclosed by Tenant to Landlord in the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials Environmental Questionnaire (as defined below), Tenant hereby represents, warrants and covenants that are necessary Tenant will not produce, use, store or generate any "Hazardous Materials" (as defined below) on, under or about the Premises and/or Project. Tenant has fully and accurately completed Landlord's Pre-Leasing Environmental Exposure Questionnaire ("Environmental Questionnaire") attached hereto as Exhibit "C" incorporated herein by reference. If Tenant's Environmental Questionnaire indicates that Tenant will be utilizing Hazardous Materials, in addition to all other rights and remedies Landlord may have under this Lease, including, without limitation, declaring a default hereunder by Tenant for Lesseebreach of representation, Landlord may require Tenant to execute an amendment to this Lease relating to such Hazardous Materials use and Tenant's businessfailure to execute any such amendment within ten (10) days of Landlord's delivery thereof to Tenant shall constitute a default hereunder by Tenant. Tenant shall not cause or permit any Hazardous Material to be brought upon, provided that such usage placed, stored, manufactured, generated, blended, handled, recycled, disposed of, used or released on, in, under or about the Premises and/or Project by Tenant or Tenant's Parties. Tenant shall not excavate, disturb or conduct any testing of any soils on or about the Project without obtaining Landlord's prior written consent, and storage is any investigation or remediation on or about the Project shall be conducted only by a consultant approved in writing by Landlord and pursuant to a work letter approved in writing by Landlord. Tenant shall keep, operate and maintain the Premises in full compliance with all applicable localfederal, state and federal statuteslocal environmental, health and/or safety laws, ordinances, rules, regulations, codes, orders, ordinancesdirectives, rules guidelines, permits or permit conditions currently existing and regulations as amended, enacted, issued or adopted in the future which are applicable to the Premises (as interpreted by judicial and administrative decisionscollectively, "Environmental Laws"). Lessor Landlord shall have the right at all times during (but not the term obligation) to enter upon the Premises and cure any non-compliance by Tenant with the terms of this Paragraph 3.2 or any Environmental Laws or any release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project. regardless of the quantity of any such release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on or about the Premises or Project, the full cost of which shall be deemed to be Rent and shall be due and payable by Tenant to Landlord immediately upon demand. If Landlord elects to enter upon the Premises and cure any such non-compliance or release, discharge, spill, improper use, storage, handling or disposal of Hazardous Materials on, under, from, or about the Premises or Project, Tenant shall not be entitled to participate in Landlord's activities on the Premises. If any information provided to Landlord by Tenant in the Environmental Questionnaire, or otherwise relating to information concerning Hazardous Materials is false, incomplete, or misleading in any material respect, the same shall be deemed an event of default by Tenant under this Lease. Without limiting in any way Tenant's obligations under any other provision of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests Tenant and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, its successors and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee assigns shall indemnify, protect, defend and hold Lessor Landlord, its affiliates, subsidiary and parent entities, and their respective partners, officers, directors, shareholders, employees, agents, lenders, contractors and each of their respective successors and assigns (collectively, the "Indemnified Parties") harmless from and against any and all claims, judgments, damages, penalties, enforcement actions, taxes, fines, remedial actions, liabilities, losses, suits, administrative proceedings costs and costs expenses (including, but not limited towithout limitation, actual attorneys' fees, litigation, arbitration and administrative proceeding costs, expert and consultant feesfees and laboratory costs) including, without limitation, damages arising out of the diminution in the value of the Premises or Project or any portion thereof, damages for the loss of the Premises or Project, damages arising from any adverse impact on the marketing of space in the Premises or related to Project, and sums paid in settlement of claims, which arise during or after the useTerm in whole or in part as a result of the presence or suspected presence of any Hazardous Materials, presencein, transportationon, storageunder, disposal, spill, release or discharge of Hazardous Materials on from or about the Premises caused by or the acts Project and/or other adjacent properties due to Tenant's or omissions of LesseeTenant's Parties' activities, its agentsor failures to act (including, employeeswithout limitation, representatives, invitees, licensees, subtenants, customers Tenant's failure to report any spill or contractors. Lessee shall not be entitled release to install any tanks underthe appropriate regulatory agencies), on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterProject.

Hazardous Materials. Subject to To the remaining provisions best of this ------------------- paragraphLandlord's knowledge, Lessee shall be entitled to use and store only those as of the Commencement Date, no "Hazardous Materials Materials" (as defined below)) have been stored, that are necessary for Lessee's businessused, provided that such usage and storage is in full compliance with all applicable localhandled, state and federal statutesgenerated, ordersreleased or disposed of on, ordinancesin, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project. To the fullest extent permitted by law, caused by the acts or omissions of LesseeLandlord agrees to promptly indemnify, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Tenant and Tenant's partners, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project and which are caused or permitted (subject to Landlord's reasonable control) by the acts or omissions of LesseeLandlord, its agents, employees, representatives, inviteesassignees, licensees, subtenantscontractors or invitees. Except for ordinary and general office supplies typically used in the ordinary course of business within office buildings, customers such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or contractors. Lessee shall all of which may constitute Hazardous Materials), Tenant agrees not to cause or permit (to the extent of Tenant's reasonable control) any Hazardous Materials to be entitled to install any tanks underbrought upon, on stored, used, handled, generated, released or disposed of on, in, under or about the Premises for Premises, the storage Building, the Common Areas or any other portion of Hazardous Materials the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "Tenant's Parties"), without the express prior written consent of LessorLandlord, which consent Landlord may be given or withheld withhold in Lessor's its sole and absolute discretion. As used herein, Upon the term Hazardous Materials shall mean (i) any hazardous expiration or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the earlier termination of this Lease, Tenant agrees to promptly remove from the Premises, the Building and the Project, at its sole cost and expense, any and all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant's Parties. Lessor shall indemnify Lessee To the fullest extent permitted by law, Tenant agrees to promptly indemnify, protect, defend and hold harmless Landlord and Landlord's partners, officers, directors, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") from and against any and all claims, damages, judgments, suits, causes of action, losses, liabilities, penalties, fines, expenses and costs (including, without limitation, clean-up, removal, remediation and expenses actually to be expended by Lessee pursuant to restoration costs, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise or result from the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge presence of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, in, under or about the Premises or Premises, the Building as or any other portion of the date Project and which are caused or permitted (subject to Tenant's reasonable control) by Tenant or any of Tenant's Parties (regardless of whether or not Landlord consented to Tenant's use of such Hazardous Materials). Nothing contained in this subparagraph shall impose liability on Tenant for any Hazardous Materials which come to be located on, under or in the Project due to the actions of Landlord, any other tenant of the Project, or any other person over which Tenant does not have the power to exercise control. Tenant agrees to promptly notify Landlord of any release of Hazardous Materials at the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease; , whether caused by Tenant or (iii) any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant's Parties (subject to Tenant's reasonable control), Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord's mortgagee(s). As used in existence this Lease, the term "Hazardous Materials" shall mean and include any hazardous or present which are caused by tenants other than Lessee toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the Building and Park. This indemnity by Lessor shall not include any costs of defense of LesseeState, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, the United States Government or any costs local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCBs"), and freon and other chlorofluorocarbons. The provisions of this Subparagraph 8(c) will survive the expiration or expenses not required by the final clean up order earlier termination of this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matterLease.

Hazardous Materials. Subject Except for hair care products typically used in a facial/spa business, to the remaining provisions extent such supplies or products are used in the ordinary course of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that in the manner for which they were designed, in accordance with applicable laws, and in such usage amounts as may be typical for the type and storage is scale of facial/spa operations to be conducted by Tenant in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Tenant shall not cause or permit any Hazardous Materials to be generated, produced, brought upon, used, stored stored, treated or located on disposed of in or about the Premises; Premises or the cost of all such inspectionsProperty by Xxxxxx, tests Xxxxxx’s subtenants and/or assignees and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its their respective agents, employees, representativescontractors, inviteessub-lessees or invitees (collectively, licenseesthe “Tenant Parties”). In the event of a breach of the covenant contained in the immediately preceding sentence, or in the event Hazardous Materials are otherwise caused to be located in, on, under or about the Premises or Project by Tenant, any of its subtenants, customers or contractors. Lessee covenants to investigateany of their respective employees, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or its agents, employees, representatives, contractors, licensees or invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee Tenant shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee solely responsible for and shall indemnify, defend and hold Lessor Landlord harmless from and against any and all claims, judgments, damages, penalties, fines, liabilitiescosts, losses, suits, administrative proceedings liabilities and costs losses (including, but not limited towithout limitation, diminution in valuation of the Premises or Project, and sums paid in settlement of claims and for reasonable attorneys' ’ fees, consultant fees and consultant expert fees) which arise during or after the Term as a result of any contamination directly or indirectly arising from the activities which are the basis for such breach. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or related any clean-up, remedial, removal or restoration work. Tenant shall promptly take all actions, at its sole cost and expense, as are necessary to return the Premises and/or Project to the usecondition existing prior to the introduction of any such Hazardous Materials, presenceprovided Landlord’s approval of such actions shall first be obtained and Tenant shall fully cooperate in connection with any such clean-up, transportationrestoration or other work, storageat Tenant’s sole cost and expense. Furthermore, disposalTenant shall immediately notify Landlord of any inquiry, spilltest, release investigation or discharge enforcement proceeding by or against Tenant or the Premises concerning the presence of any Hazardous Materials. Tenant acknowledges that Landlord, at Landlord’s election, shall have the sole right, at Xxxxxx’s sole cost and expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Materials on or about the Premises caused by the acts or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled contamination which Tenant is obligated hereunder to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsremediate. The provisions covenants of Tenant under this paragraph Section shall survive the expiration of the Term or earlier termination of this Lease. Lessor shall indemnify Lessee from As used in this Lease, the term “Hazardous Materials” means any flammable items, explosives, radioactive materials, hazardous or toxic substances, material or waste or related materials, including without limitation petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and against other chemical products, asbestos, PCBs and similar compounds, any different products and all costs and expenses actually materials which are subsequently found to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials have adverse effects on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises environment or the Building health and safety of persons, and including any substances 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, the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of California Health and Safety Code and/or under the Building Comprehensive Environmental Response, Compensation and ParkLiability Act, 42. This indemnity by Lessor shall not include any costs of defense of LesseeX.X.X. §0000, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matteret seq.

Hazardous Materials. Subject to the remaining provisions Neither Tenant nor any of this ------------------- paragraph, Lessee shall be entitled to use and store only those Hazardous Materials (defined below), that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutes, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced notice, to (i) inspect the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part of the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representativesagents, invitees, licensees, subtenantscontractors, customers representative or contractorsany other person or entity for whom Tenant is responsible (collectively, “Tenant’s Agents”) shall use, maintain, generate, allow or bring on the Premises or the Property or transport or dispose of, on or from the Premises or the Property (whether into the ground, into any sewer or septic system, into the air, by removal off‑site or otherwise) any Hazardous Matter (as hereinafter defined) without Landlord’s consent. Lessee covenants Tenant shall promptly deliver to investigateLandlord copies of any notices, clean up orders or other communications received from any governmental agency or official affecting the Premises and otherwise remediate any spillconcerning alleged violations of the Environmental Requirements (hereinafter defined). Any Hazardous Matter in the Premises, release or discharge and all containers therefore, shall be used, kept, stored and disposed of Hazardous Materials caused by the acts or omissions of Lesseein conformity with all applicable Laws and Restrictions. Tenant shall save Landlord (together with its officers, or its agentsdirectors, stockholders, partners, beneficial owners, trustees, managers, members, employees, representativesagents contractors, invitees, licensees, subtenants, customers or contractors at Lessee's cost and expense; such investigation, clean up mortgagees) harmless and remediation to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnify, defend and hold Lessor harmless indemnified from and against any and all claimsEnvironmental Damages (hereinafter defined) which the indemnified parties may sustain or be put to on account of: (1) the presence or release of any Hazardous Matter upon, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys' and consultant fees) arising in or from or related to the use, presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials on or about the Premises during the Term and during any period when Tenant, or Tenant’s Agents, are occupying the Premises or any part thereof, caused by Tenant or Tenant’s Agents; (2) the presence or release of any Hazardous Matter upon, in or from the Property caused by the acts act, omission or omissions default of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers Tenant or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal lawsTenant’s Agents; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. The provisions of this paragraph shall survive the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i3) the acts activities or omissions other action or inaction of LessorTenant or Tenant’s Agents in violation of Environmental Requirements; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.and

Hazardous Materials. Subject Except as noted in Disclosure Schedules to the remaining provisions Tenant in the Purchase Agreement, Landlord represents and warrants that the Landlord has not at any time engaged in, caused, or permitted any Prohibited Activities or Conditions with respect to the Premises. To Landlord’s knowledge, no Prohibited Activities or Conditions exist or have existed on the Premises. The Premises do not now contain any above-ground or underground storage tanks. Anystorage tank that was located on the Premises has been removed in compliance with, all requirements of this ------------------- paragraphEnvironmental Laws. There are no actions, Lessee shall be entitled to use and store only those Hazardous Materials (defined below)suits, that are necessary for Lessee's business, provided that such usage and storage is in full compliance with all applicable local, state and federal statutesclaims, orders, ordinances, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Lease, upon reasonable advanced noticeproceedings pending or, to Landlord’s knowledge, threatened that involve the Premises and allege, arise out of or relate to any Prohibited Activity or Condition. The Landlord has not received any complaint, order notice of violation, or other communication with regard to air emissions, water discharges, noise emissions, or Hazardous Materials, or any other environmental, health, or safety matters affecting the Premises. Landlord shall indemnify, hold harmless, and defend the Tenant for, from, and against all actions, suits, judgments, claims, proceedings, orders, losses, liabilities, damages penalties, fines, costs, and expenses (whether initiated or sought by governmental authorities or private parties), including, without limitation, all costs of investigations, monitoring, clean-up, remediation, removal, restoration, court costs and fees, attorneys’ fees and expert witness costs of any kind or nature whatsoever, which may, at any time or from time to time, be imposed upon, incurred by, or asserted or awarded against, Tenant, by reason of, or arising from or out of, the following: (i) inspect the Premises, any breach of any representation or warranty of Landlord in this Lease with respect to Hazardous Materials; (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraph, and (iii) request lists of all Hazardous Materials used, stored existence or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice alleged existence of any spillsProhibited Activity or Condition, releases including any loss, cost, or discharges damage arising out of Hazardous Materials the existence of any underground storage tank on the Premises, whether known or in any common areas unknown to Landlord; (iii) the presence (or parking lots (if not considered part of alleged presence) or the Premises), caused by the acts or omissions of Lessee, or its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee covenants to investigate, clean up and otherwise remediate any spill, release or discharge of Hazardous Materials unless caused by the acts or omissions of LesseeTenant, or its agentsthe pollution or contamination, employeesof, representativeson, inviteesfrom, licenseesunder, subtenantsor affecting: (A) the Premises unless caused by Tenant or (B) any other property or any air space, customers surface water, or contractors ground water if the Hazardous Materials were derived from, or alleged to have derived from, the Premises unless caused by Tenant; or (iv) the actual or alleged violation of any Environmental Law at Lessee's cost the Premises unless caused by Tenant. Tenant represents and expense; such investigationwarrants that Tenant will not at any time engage in, clean up and remediation cause, or permit any Prohibited Activities or Conditions with respect to be performed after Lessee has obtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consentthe Premises. Lessee Tenant shall indemnify, hold harmless, and defend and hold Lessor harmless from the Landlord for, from, and against any and all actions, suits, judgments, claims, judgmentsproceedings, orders, losses, liabilities, damages, penalties, fines, liabilitiescosts, lossesand expenses (whether initiated or sought by governmental authorities or private parties), suits, administrative proceedings and costs (including, but not limited towithout limitation, attorneys' all costs of investigations, monitoring, cleanup, remediation, removal, restoration, court costs and consultant fees) , and out-of-pocket expenses of attorneys and expert witnesses of any kind or nature whatsoever, which may, at any time or from time to time, be imposed upon, incurred by, or asserted or awarded against, Landlord, by reason of, or arising from or related to out of, the use, following: (i) the presence (or alleged presence, transportation, storage, disposal, spill, ) or the release or discharge of Hazardous Materials on caused by Tenant, or about the pollution or contamination, of, on, from, under, or affecting: (A) the Premises if caused by Tenant, or (B) any other property or any air space, surface water, or ground water if the Hazardous Materials were derived from, or alleged to have derived from, the Premises caused by the acts Tenant; or omissions of Lessee, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which may be given or withheld in Lessor's sole discretion. As used herein, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsthe actual or alleged violation of any Environmental Law at the Premises caused by Tenant. The provisions of this paragraph following capitalized terms shall survive have the termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.meanings:

Hazardous Materials. Subject Except for ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant agrees not to the remaining provisions of this ------------------- paragraph, Lessee shall be entitled to use and store only those cause or permit any Hazardous Materials (defined below)to be brought upon, that are necessary for Lessee's businessstored, provided that such usage and storage is in full compliance with all applicable localused, state and federal statuteshandled, ordersgenerated, ordinancesreleased or disposed of on, rules and regulations (as interpreted by judicial and administrative decisions). Lessor shall have the right at all times during the term of this Leasein, upon reasonable advanced notice, to (i) inspect under or about the Premises, (ii) conduct tests and investigations to determine whether Lessee is in compliance with the provisions of this paragraphBuilding, and (iii) request lists of all Hazardous Materials used, stored the Common Areas or located on the Premises; the cost of all such inspections, tests and investigations to be borne by Lessee, if Lessor finds violations of environmental laws and regulations. Lessee shall give to Lessor immediate verbal and follow-up written notice of any spills, releases or discharges of Hazardous Materials on the Premises, or in any common areas or parking lots (if not considered part other portion of the Premises)Project by Tenant, caused by the acts or omissions of Lessee, or its agents, employees, representativessubtenants, inviteesassignees, licensees, subtenantscontractors or invitees (collectively, customers “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Upon the expiration or contractors. Lessee covenants earlier termination of this Lease, Xxxxxx agrees to investigatepromptly remove from the Premises, clean up the Building and otherwise remediate any spillthe Project, release or discharge of Hazardous Materials caused by the acts or omissions of Lessee, or at its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors at Lessee's sole cost and expense; such investigation, clean up any and remediation all Hazardous Materials, including any equipment or systems containing Hazardous Materials which are installed, brought upon, stored, used, generated or released upon, in, under or about the Premises, the Building and/or the Project or any portion thereof by Tenant or any of Tenant’s Parties. To the fullest extent permitted by law, Xxxxxx agrees to be performed after Lessee has obtained Lessor's written consentpromptly indemnify, which shall not be unreasonably withheld; provided, however, that Lessee shall be entitled to respond immediately to an emergency without first obtaining Lessor's written consent. Lessee shall indemnifyprotect, defend and hold Lessor harmless Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) from and against any and all claims, damages, judgments, damagessuits, causes of action, losses, liabilities, penalties, fines, liabilities, losses, suits, administrative proceedings expenses and costs (including, but not limited towithout limitation, clean-up, removal, remediation and restoration costs, sums paid in settlement of claims, attorneys' ’ fees, consultant fees and consultant feesexpert fees and court costs) arising which arise or result from or related to the use, presence, transportation, storage, disposal, spill, release or discharge presence of Hazardous Materials on on, in, under or about the Premises Premises, the Building or any other portion of the Project and which are caused or permitted by Tenant or any of Tenant’s Parties. Xxxxxx agrees to promptly notify Landlord of any release of Hazardous Materials in the Premises, the Building or any other portion of the Project which Tenant becomes aware of during the Term of this Lease, whether caused by Tenant or any other persons or entities. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Xxxxxxxx’s mortgagee(s). At all times during the Term of this Lease, Landlord will have the right, but not the obligation, to enter upon the Premises to Inspect, investigate, sample and/or monitor the Premises to determine if Tenant is in compliance with the terms of this Lease regarding Hazardous Materials. As used in this Lease, the term “Hazardous Materials” shall mean and include any hazardous or toxic materials, substances or wastes as now or hereafter designated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State, the United States Government or any local governmental authority, including, without limitation, asbestos, petroleum, petroleum hydrocarbons and petroleum based products, urea formaldehyde foam insulation, polychlorinated biphenyls (“PCBs”), and freon and other chlorofluorocarbons. Tenant shall give Landlord written notice of any evidence of Mold, water leaks or water infiltration in the Premises and/or within the Project, promptly upon discovery of same. At its expense, Tenant shall investigate, clean up and remediate any Mold in the Premises resulting from any acts or omissions of LesseeTenant and/or any of Tenant’s Parties. Investigation, its agents, employees, representatives, invitees, licensees, subtenants, customers or contractors. Lessee shall not be entitled to install any tanks under, on or about the Premises for the storage of Hazardous Materials without the express written consent of Lessor, which clean up and remediation may be given or withheld performed only after Tenant has Xxxxxxxx’s written approval of a plan for such remediation. All clean up and remediation shall be done in Lessor's sole discretioncompliance with all applicable Laws and to the reasonable satisfaction of Landlord. As used hereinin this Lease, the term Hazardous Materials shall mean (i) any hazardous or toxic wastes“Mold” means mold, materials or substancesfungi, spores, microbialmatter, mycotoxins and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws; (ii) petroleum; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materialsmicrobiological organic compounds. The provisions of this paragraph shall Section 6.6 will survive the expiration or earlier termination of this Lease. Lessor shall indemnify Lessee from and against any and all costs and expenses actually to be expended by Lessee pursuant to the terms of a final clean up order issued by a government entity having jurisdiction, which final clean up or remediate a release, spill or discharge of Hazardous Materials on the Premises to the extent such clean up or remediation results from (i) the acts or omissions of Lessor; or (ii) as a result of Hazardous Materials known to Lessor to exist on, under or about the Premises or the Building as of the date of this Lease; or (iii) Hazardous Materials in existence or present which are caused by tenants other than Lessee of the Building and Park. This indemnity by Lessor shall not include any costs of defense of Lessee, any third party recovery against Lessee, any damages or injuries to property, person or natural resources, or any costs or expenses not required by the final clean up order this indemnity by Lessor shall not be construed to create an independent obligation for Lessor to perform or pay for any remediation or clean up over and above what Lessor would otherwise be required to perform by law following a final adjudication of said matter.