Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant (a) Lessee shall complynot use nor allow the Premises to be used for the Release (as defined below), at its sole cost generation, transportation, storage, use, treatment, disposal or other handling (“Management”) of any Hazardous Substance, except (i) in the ordinary course of operations, (ii) in full compliance with applicable federal, state and expense, with all lawslocal environmental statutes, ordinances, rules, regulations, codes, orders, rules ordinances, Environmental Permits (as defined below), notice and regulations consent or settlement agreements in effect at any time during the term of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment this Lease (collectively, “Environmental Laws”), and (iii) with the prior written consent of Lessor. Lessee shall not implement any modifications of current operations or activities or implement any new operations or activities at the Premises that materially change the type or quantity of, or manner in the use, occupancy and operation of the Premises. Tenant agrees that no which Hazardous Substances (defined below) shall be used, located, stored are Managed or processed on Released at the Premises by Tenant or any of without Lessor’s prior written consent. (b) Lessee shall comply with and will cause its agents, representatives, invitees, employees, contractorssubtenants of Lessee or any other occupant to comply with all Environmental Laws applicable to the Premises, assigns, subtenants, guest or invitees, and no the Release or Management of Hazardous Substances will be released at, on, about or discharged from the Premises or the Lessee’s use, operations or activities at the Premises. The term . (c) Lessee shall obtain in its own name any and all environmental permits, certificates, licenses, approvals, registrations and authorizations (“Hazardous Substances” Environmental Permits”) required by Environmental Laws for the Premises and the conduct of its operations or activities at the Premises, maintain all such Environmental Permits in full force and effect, timely file all renewal applications and remain in compliance with all such Environmental Permits. (d) To the extent required by and within the time period required by Environmental Laws, Lessee shall mean and include all hazardous and report any release, spill, leak, discharge, disposal, pumping, pouring, emission, emptying, injecting, leaching, dumping escaping or threat thereof (“Release”) of any hazardous, toxic substancesor polluting substance, waste or materialsmaterial, any pollutant or contaminant, contaminant including, without limitation, PCB’spetroleum or petroleum products, asbestos asbestos, PCBs or radioactive materials (“Hazardous Substance”) at, on, from or affecting the Premises first arising after the Effective Date during the term of the Lease (or arising, directly or indirectly, from Lessee’s or its affiliates’ use of the Premises prior to the Effective Date) to the appropriate governmental authorities and raw materials immediately provide notice of such Release to Lessor including a description of measures taken or proposed to be taken by Lessee to respond to such Release. To the extent that include hazardous constituents investigation, remedial action or any other similar substances or materials that are now or hereafter included under or regulated response action (“Response Action”) is required by any Environmental Law for such a Release, Lessee shall promptly undertake such action to the extent required by applicable Environmental Laws and to the extent necessary so as not to materially effect the condition, use, value, operations or that would pose a health, safety or environmental hazard. Tenant hereby agrees to possession of the premises and shall indemnify, defend and hold Lessor harmless Landlord with respect thereto and for any damage to property, person, and/or the environment. (e) Lessee will promptly notify Lessor of any known Release of Hazardous Substances at, on, from or affecting the Premises, including any Release caused by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants or trespassers (which Release is not made pursuant to and against in conformance with the terms of an Environmental Permit) regardless of whether such Release first occurred prior to or after the Effective Date and of any non-routine governmental filings made or notices received from any governmental authority or private party during the Lease Term and relating to environmental matters or conditions at or in the vicinity of the Premises. (f) If Lessor reasonably believes Lessee is in breach of any of the covenants in Section 5.4 of this Lease, Lessor may upon notice to Lessee request an independent engineer or other qualified consultant or expert acceptable to Lessor, to conduct, at Lessee’s expense, an environmental assessment of the Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Lessor, and all lossesof the engineer’s, liabilities (includingconsultant’s, but not limited to, strict liabilityor expert’s work product shall be made available to Lessor. Notwithstanding Lessee’s obligations under this Section 5.4(f), damagesLessor, injuriesin its sole discretion, expenses may conduct environmental assessments of the Premises at any time. (includingg) At Lessor’s request from time to time, but not limited toLessee shall execute affidavits, court costsrepresentations and the like concerning Lessee’s knowledge and belief regarding the presence of Hazardous Substances at, litigation expenseson, about or from the Premises. (h) Lessee shall reimburse Lessor, upon demand, the reasonable attorneys’ fees and costs of settlement or judgment), suits and claims cost of any and every kind whatsoever paidtesting for the purpose of ascertaining if there has been any Release of Hazardous Substances at, incurred on, about or suffered byfrom the Premises, or asserted against, Landlord if such testing is required by any persongovernmental agency, entity applicable Environmental Laws or governmental agency forLessor’s Mortgagee. (i) Lessee shall, with respect toupon expiration of this Lease, or as a direct or indirect result of, surrender the Premises to Lessor free from the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances used by Tenant or any of Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants (other than Lessor, its agents, representatives, invitees or employees, contractors, assigns, subtenants, guest ) or invitees. Tenant trespassers or any existing conditions aggravated by the acts or omissions of Lessee (and not resulting from the negligent acts of the Lessor). (j) Lessee shall not be responsible for all regulatory requirements in connection with any storage tanks, asbestos or asbestos containing materials, polychlorinated biphenyls, and Hazardous Substances located at, on or about the Premises Premises. (k) Lessor and Lessee shall reasonably cooperate in connection with any Response Actions to be conducted at, on or about the Premises, including but not limited to keeping the other reasonably informed of such Response Actions and executing any necessary documents or consents required to be executed in connection thereto. Lessee will notify Lessor, and provide Lessor the opportunity to attend, all meetings with applicable authorities in connection with any suggested, threatened or pending Response Action, and Lessor shall have the right to approve in advance all proposed Response Actions. Lessor will, when reasonable under the circumstances, notify Lessee prior to commencing Response Actions required to be performed by Lessor and shall minimize, to the date Landlord delivers extent reasonably possible, interference with Lessee’s operations or activities at the Premises Premises. To the extent permitted by the Environmental Laws, Lessee shall allow Lessor to Tenantutilize Lessee’s Environmental Permits to implement Response Actions at, on or about the Premises.

Hazardous Substances. Tenant shall complyEach Party will be solely responsible at it own expense for the proper handling, at its sole cost storage, transport, treatment, disposal and expense, with all laws, ordinances, orders, rules and regulations use of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of such Party and its contractors and agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all includes those substances: (i) included within the definition of hazardous and substance, hazardous waste, hazardous material, toxic substancessubstance, solid waste or materials, any pollutant or contaminantcontaminant under any Applicable Law, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated (ii) listed by any Environmental Laws governmental agency as a hazardous substance. 19.4.1 CLEC shall in no event be liable to SBC-AMERITECH for any costs whatsoever resulting from the presence or release of any Hazardous Substances that would pose a health, safety or environmental hazardCLEC did not introduce to the affected work location. Tenant hereby agrees to SBC-AMERITECH shall indemnify, defend (at CLEC’s request) and hold harmless Landlord CLEC, each of its officers, directors and employees from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuriesclaims, demands, suits, liabilities, fines, penalties and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs fees) that arise out of settlement or judgment)result from: (i) any Hazardous Substances that SBC-AMERITECH, suits and claims of any and every kind whatsoever paid, incurred its contractors or suffered byagents introduce to the work locations, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, (ii) the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant for which SBC-AMERITECH is responsible under Applicable Law. 19.4.2 SBC-AMERITECH shall in no event be liable to CLEC for any costs whatsoever resulting from the presence or any release of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior that SBC-AMERITECH did not introduce to the date Landlord delivers affected work location. CLEC shall indemnify, defend (at SBC-AMERITECH’s request) and hold harmless SBC- AMERITECH, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (i) any Hazardous Substances that CLEC, its contractors or agents introduce to the Premises to Tenantwork locations, or (ii) the presence or release of any Hazardous Substances for which CLEC is responsible under Applicable Law.

Hazardous Substances. Tenant (i) Licensee shall complynot discharge, release emit or create the threat of release of any Hazardous Substances at its sole cost the Property except in accordance with the Allowed Uses, and expenseneither Licensee nor Licensor shall discharge, release, emit or create the threat of release of any Hazardous Substances at the Property except in compliance with all laws, ordinances, orders, rules applicable HSE Laws and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment Licensor’s Procedures. (collectively, “Environmental Laws”ii) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) Licensor shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold Licensee harmless Landlord from and against any and all lossesactions, liabilities (includingclaims, but not limited todemands, strict liability)judgments, penalties, liabilities, costs, damages, injuriesobligations, expenses (including, but not limited to, court costs, litigation prohibitions and expenses, reasonable attorneys’ including court costs and attorney’s fees (but excluding any consequential, incidental and costs of settlement or judgment), suits special damages and claims of any and every kind whatsoever paid, lost profits) incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release Licensee resulting from the Premises existence of any Hazardous Substances deposited in, upon, under, over or from the Property, or resulting from allegations that Licensee is liable for Hazardous Substances originating from, transported from or otherwise related to the Property, unless and only to the extent such Hazardous Substances are deposited in, upon, under, over or from the Property by Tenant Licensee, or Licensee has directly arranged for such Hazardous Substances to originate from, be transported from or be otherwise related to the Property, in each case subsequent to the Commencement Date. All of Licensor’s obligations under this subparagraph (d)(2) shall survive the expiration or termination of this Agreement. (iii) Licensee shall indemnify, defend and hold Licensor harmless against any and all actions, claims, demands, judgments, penalties, liabilities, costs, damages, obligations, prohibitions and expenses, including court costs and attorney’s fees (but excluding any consequential, incidental and special damages and lost profits) incurred by Licensor to the extent resulting from the existence of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substance deposited in, upon, under, over or from the Property by Licensee, or resulting from allegations that Licensor is liable for Hazardous Substances located that, as a direct result of the actions of Licensee, originated from, were transported from or were otherwise related to the Property, in each case subsequent to the Commencement Date. The obligations of Licensee set forth within this subparagraph (c) shall expire on the Premises prior to last day of the second year after the expiration or earlier termination date Landlord delivers the Premises to Tenantof this Agreement.

Hazardous Substances. Tenant (a) Lessee shall complynot use nor allow the Premises to be used for the Release (as defined below), at its sole cost generation, transportation, storage, use, treatment, disposal or other handling (“Management”) of any Hazardous Substance, except (i) in the ordinary course of operations, (ii) in full compliance with applicable federal, state and expense, with all lawslocal environmental statutes, ordinances, rules, regulations, codes, orders, rules ordinances, Environmental Permits (as defined below), notice and regulations consent or settlement agreements in effect at any time during the term of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment this Lease (collectively, “Environmental Laws”), and (iii) with the prior written consent of Lessor. Lessee shall not implement any modifications of current operations or activities or implement any new operations or activities at the Premises that materially change the type or quantity of, or manner in the use, occupancy and operation of the Premises. Tenant agrees that no which Hazardous Substances (defined below) shall be used, located, stored are Managed or processed on Released at the Premises by Tenant or any of without Lessor’s prior written consent. (b) Lessee shall comply with and will cause its agents, representatives, invitees, employees, contractorssubtenants of Lessee or any other occupant to comply with all Environmental Laws applicable to the Premises, assigns, subtenants, guest or invitees, and no the Release or Management of Hazardous Substances will be released at, on, about or discharged from the Premises or the Lessee’s use, operations or activities at the Premises. The term . (c) Lessee shall obtain in its own name any and all environmental permits, certificates, licenses, approvals, registrations and authorizations (“Hazardous Substances” Environmental Permits”) required by Environmental Laws for the Premises and the conduct of its operations or activities at the Premises, maintain all such Environmental Permits in full force and effect, timely file all renewal applications and remain in compliance with all such Environmental Permits. (d) To the extent required by and within the time period required by Environmental Laws, Lessee shall mean and include all hazardous and report any release, spill, leak, discharge, disposal, pumping, pouring, emission, emptying, injecting, leaching, dumping escaping or threat thereof (“Release”) of any hazardous, toxic substancesor polluting substance, waste or materialsmaterial, any pollutant or contaminant, contaminant including, without limitation, PCB’spetroleum or petroleum products, asbestos and raw asbestos, PCBs or radioactive materials that include hazardous constituents (“Hazardous Substance”) at, on, from or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from affecting the Premises first arising after the date hereof during the term of any Hazardous Substances by Tenant the Lease (or any arising, directly or indirectly, from Lessee’s or its affiliates’ use of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers hereof) to the appropriate governmental authorities and immediately provide notice of such Release to Lessor including a description of measures taken or proposed to be taken by Lessee to respond to such Release. To the extent that investigation, remedial action or other response action (“Response Action”) is required by Environmental Law for such a Release, Lessee shall promptly undertake such action to the extent required by applicable Environmental Laws and to the extent necessary so as not to materially effect the condition, use, value, operations or possession of the premises and shall indemnify, defend and hold Lessor harmless with respect thereto and for any damage to property, person, and/or the environment. (e) Lessee will promptly notify Lessor of any known Release of Hazardous Substances at, on, from or affecting the Premises, including any Release caused by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants or trespassers (which Release is not made pursuant to and in conformance with the terms of an Environmental Permit) regardless of whether such Release first occurred prior to or after the date hereof and of any non-routine governmental filings made or notices received from any governmental authority or private party during the Lease Term and relating to environmental matters or conditions at or in the vicinity of the Premises. (f) If Lessor reasonably believes Lessee is in breach of any of the covenants in Section 5.4 of this Lease, Lessor may upon notice to Lessee request an independent engineer or other qualified consultant or expert acceptable to Lessor, to conduct, at Lessee’s expense, an environmental assessment of the Premises and immediate surrounding areas, and the scope of work to be performed by such engineer, consultant, or expert shall be approved in advance by Lessor, and all of the engineer’s, consultant’s, or expert’s work product shall be made available to Lessor. Notwithstanding Lessee’s obligations under this Section 5.4(f), Lessor, in its sole discretion, may conduct environmental assessments of the Premises at any time. (g) At Lessor’s request from time to time, Lessee shall execute affidavits, representations and the like concerning Lessee’s knowledge and belief regarding the presence of Hazardous Substances at, on, about or from the Premises. (h) Lessee shall reimburse Lessor, upon demand, the reasonable cost of any testing for the purpose of ascertaining if there has been any Release of Hazardous Substances at, on, about or from the Premises, if such testing is required by any governmental agency, applicable Environmental Laws or Lessor’s Mortgagee. (i) Lessee shall, upon expiration of this Lease, surrender the Premises to TenantLessor free from the presence of any Hazardous Substances used by Lessee, its employees, agents, representatives, invitees, employees, subtenants, other occupants (other than Lessor, its agents, representatives, invitees or employees) or trespassers or any existing conditions aggravated by the acts or omissions of Lessee (and not resulting from the negligent acts of the Lessor). (j) Lessee shall be responsible for all regulatory requirements in connection with any storage tanks, asbestos or asbestos containing materials, polychlorinated biphenyls, and Hazardous Substances located at, on or about the Premises. (k) Lessor and Lessee shall reasonably cooperate in connection with any Response Actions to be conducted at, on or about the Premises, including but not limited to keeping the other reasonably informed of such Response Actions and executing any necessary documents or consents required to be executed in connection thereto. Lessee will notify Lessor, and provide Lessor the opportunity to attend, all meetings with applicable authorities in connection with any suggested, threatened or pending Response Action, and Lessor shall have the right to approve in advance all proposed Response Actions. Lessor will, when reasonable under the circumstances, notify Lessee prior to commencing Response Actions required to be performed by Lessor and shall minimize, to the extent reasonably possible, interference with Lessee’s operations or activities at the Premises. To the extent permitted by the Environmental Laws, Lessee shall allow Lessor to utilize Lessee’s Environmental Permits to implement Response Actions at, on or about the Premises.

Hazardous Substances. Tenant Notwithstanding any other provision to the contrary in this Agreement or a Work Authorization, Client shall complyindemnify, at defend and save Consultant and its sole cost affiliates, consultants, agents, subcontractors and expensesuppliers of any tier, with and any and all lawsemployees, ordinancesofficers, ordersdirectors of any of the foregoing, rules if any, from and regulations against any and all claims (including, without limitation, all penalties, attorney’s fees, fines and administrative or civil sanctions arising out of all stateor related to such claim), federallosses, municipal costs, expenses, judgments, damages (including incidental, consequential, indirect and other governmental special damages), penalties, and liabilities of any kind or judicial agencies nature whatsoever (collectively “Losses”), suffered as a result of, or bodies arising out of, or in connection with, the performance of the Services and relating to the regulation and/or protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantenvironment, including, without limitation, PCB’sLosses incurred in connection with characterization, asbestos handling, transportation, storage, removal, remediation, disturbance or disposal of radioactive, hazardous, polluted, toxic, or contaminated substances and raw materials that include hazardous constituents materials, whether above or any below ground and not brought to a Client site or other similar substances or materials that are now or hereafter included under or regulated proposed project site by any Environmental Laws or that would pose a health, safety or environmental hazardConsultant in the performance of the Services without Client’s approval. Tenant hereby agrees to Consultant shall indemnify, defend and hold save Client harmless Landlord from and against any direct loss or liability sustained by Client to the proportionate extent such loss or liability arises from Consultant’s negligence or willful misconduct in the handling of any radioactive, hazardous, polluted, toxic or contaminated substances or materials but only when such radioactive, hazardous, polluted, toxic or contaminated substances or materials are brought to a Client site or other proposed project site by Consultant in the performance of the Services and not at the direction of Client. Client shall at all times retain exclusive control over and final approval of and shall be solely responsible for evaluation, implementation and all lossesother decisions relating to environmental laws, liabilities (includingrules and regulations and the characterization, but not limited toremoval, strict liability)remediation, damagestransportation, injuriesdisturbance or disposal of radioactive, expenses (includinghazardous, but not limited topolluted, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered bytoxic, or asserted againstcontaminated substances and materials, Landlord by any person, entity whether above or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantbelow ground.

Hazardous Substances. Tenant (a) shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the not use, occupancy and process, release, discharge, generate, treat, store, transport or dispose of any Hazardous Substances on, in, under or through the Premises or Property (other than substances necessary for the proper operation of the Premises. Tenant agrees that no business machines (e.g., photocopying machines and printers)), and (b) shall prohibit its employees, licensees, subtenants, invitees and third party contractors from using, processing, releasing, discharging, generating, treating, storing or disposing of any Hazardous Substances (defined below) shall be usedon, locatedin, stored under or processed on through the Premises by or Property, in either case in quantities or concentrations or in a manner which would violate any applicable Requirement. In addition to any other obligation or liability that Tenant may have hereunder or under applicable law, if Tenant or any of its agents, Tenant’s employees, contractors, assignslicensees, subtenants, guest invitees or inviteesthird party contractors uses, and no processes, releases, discharges, treats, generates, stores, transports or disposes of any Hazardous Substances will be released Substance on, in, under or discharged through the Premises or the Property in violation of the terms of this Lease or applicable law, then Tenant upon discovering same or upon notice from Landlord or any governmental authority shall immediately remove such Hazardous Substance from the PremisesPremises and the Property at Tenant’s sole cost and expense in accordance with all applicable Requirements. The Tenant hereby indemnifies and holds Landlord harmless from any loss, cost, claim, damage or expense including reasonable attorneys’ fees arising out of a breach by Tenant of its obligations under this Section, which indemnification obligation shall survive the expiration or termination of this Lease. For purposes hereof the term “Hazardous Substances” shall mean any and include all substances (whether liquid, solid or gas) defined, listed or otherwise classified as pollutants, hazardous and toxic wastes, hazardous substances, waste or hazardous materials, extremely hazardous wastes, or words or terms of similar regulatory effect under any pollutant present or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws future Requirement or that would pose may have a negative impact on human health, safety or environmental hazard. Tenant hereby agrees to indemnifythe environment, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability)petroleum and petroleum products, damagesasbestos and asbestos-containing materials, injuriespolychlorinated biphenyls, expenses (includinglead, but not limited tolead-based paints, court costsradon, litigation expensesradioactive materials, reasonable attorneys’ fees flammables and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexplosives.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises. Tenant agrees that no Hazardous Substances (defined belowas hereinafter defined) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Leased Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees. Tenant shall , including, without limitation, any losses, liabilities (including, but not be responsible for limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantso-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law.

Hazardous Substances. Tenant shall complyEach Party will be solely responsible at it own expense for the proper handling, at its sole cost storage, transport, treatment, disposal and expense, with all laws, ordinances, orders, rules and regulations use of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of such Party and its contractors and agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all includes those substances: (i) included within the definition of hazardous and substance, hazardous waste, hazardous material, toxic substancessubstance, solid waste or materials, any pollutant or contaminantcontaminant under any Applicable Law, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated (ii) listed by any Environmental Laws governmental agency as a hazardous substance. 19.4.1 CLEC shall in no event be liable to SBC-AMERITECH for any costs whatsoever resulting from the presence or release of any Hazardous Substances that would pose a health, safety or environmental hazardCLEC did not introduce to the affected work location. Tenant hereby agrees to SBC-AMERITECH shall indemnify, defend (at CLEC’s request) and hold harmless Landlord CLEC, each of its officers, directors and employees from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuriesclaims, demands, suits, liabilities, fines, penalties and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs fees) that arise out of settlement or judgment)result from: (i) any Hazardous Substances that SBC-AMERITECH, suits and claims of any and every kind whatsoever paid, incurred its contractors or suffered byagents introduce to the work locations, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, (ii) the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant for which SBC- AMERITECH is responsible under Applicable Law. 19.4.2 SBC-AMERITECH shall in no event be liable to CLEC for any costs whatsoever resulting from the presence or any release of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior that SBC- AMERITECH did not introduce to the date Landlord delivers affected work location. CLEC shall indemnify, defend (at SBC-AMERITECH’s request) and hold harmless SBC-AMERITECH, each of its officers, directors and employees from and against any losses, damages, claims, demands, suits, liabilities, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (i) any Hazardous Substances that CLEC, its contractors or agents introduce to the Premises to Tenantwork locations, or (ii) the presence or release of any Hazardous Substances for which CLEC is responsible under Applicable Law.

Hazardous Substances. Tenant Except for normal cleaning solvents and office supplies used in connection with Tenant’s business (which shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall times be used, locatedhandled, stored transported, stored, generated and disposed of in compliance with all applicable Laws), Tenant shall not cause or processed on permit any Hazardous Substance (as hereinafter defined) to be used, handled, transported, stored, generated or disposed of on, in or from the Premises Property by Tenant or any of Tenant, its agents, employees, contractors, assigns, subtenants, guest invitees or invitees, and no licensees. If Hazardous Substances will be released are used, handled, transported, stored, generated or discharged from disposed of on the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in Premises or the escapeProperty by Tenant, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assignsinvitees or licensees, subtenantsor if the Premises or the Property (or any portion thereof) becomes contaminated in any manner as a result of the acts or omissions (or alleged acts or omissions) of Tenant, guest its agents, employees, contractors, invitees or inviteeslicensees or if Tenant shall otherwise breach (or permit a breach) of its obligations under this Section 6.05, Tenant shall indemnify, hold harmless and defend Landlord and the other Landlord Indemnitees (as hereinafter defined) from and against any and all legal action, claims, expenses, costs, damages, loss, liability, penalties, fees and other expenses, including, without limitation, reasonable legal fees and disbursements (collectively, “Liabilities”), which shall include, without limitation, a decrease in value of the Property, damages due to loss or restriction of leasable or usable space and damages due to adverse impact on marketing of the Building or the Property, arising during or after the Term and relating to such contamination. Such indemnification shall include, without limitation, all costs incurred by Landlord duo to any investigation of the Property or any part thereof or any cleanup, removal or restoration, whether or not required by laws. If Tenant causes or permits the presence or release of any Hazardous Substance on the Property. Tenant shall not be responsible for any Hazardous Substances located on promptly, at its sole expense, take all action necessary to return the Premises Property to the condition existing prior to the date presence or release of such Hazardous Substance or Landlord delivers may (hut shall have no obligations to) remove or remediate same at Tenant’s sole cost. Tenant shall obtain Landlord’s prior consent to any such action and such action shall constitute Tenant’s Changes to be performed strictly in accordance with the Premises terms and conditions of Article 12. Notwithstanding anything to Tenant.the contrary contained in this Lease,

Hazardous Substances. (a) Tenant shall comply, at its sole cost and expensecovenants that Tenant, with respect to its use and operation on the Premises and within the Project during the Term, will remain in compliance with all lawsapplicable federal, state and local statutes, ordinances, ordersregulations, rules and regulations of all state, federal, municipal and other governmental laws presently in force or judicial agencies or bodies hereafter enacted relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation protection of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedenvironment, locatedenvironmental quality, stored or processed on contamination and clean-up of hazardous materials, including, without limitation, the Premises by Tenant or any Comprehensive Environmental Response, Compensation and Liability Act of its agents1980, employeesas amended, contractorsthe Resource, assignsConservation and Recovery Act of 1976, subtenants, guest or inviteesas amended, and no Hazardous Substances will be released state superfund and environmental clean-up statutes and all rules and regulations presently or discharged from hereafter enacted ("environmental laws"). As used above, the Premises. The term “Hazardous Substances” "hazardous materials" shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’sasbestos, asbestos PCBs, petroleum and petroleum-based products and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeslaws. Tenant shall not be responsible for release, generate, manufacture, store, treat, transport or dispose of any Hazardous Substances located hazardous material on or about the Project or any part thereof; however, Tenant may store, transport and use such hazardous materials as historically used by Tenant in the ordinary course of the operation of its business in compliance with all applicable environmental laws. Tenant will immediately notify Landlord and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports or notices relating to the condition of the Premises or compliance with environmental laws. Tenant shall maintain all required records and file any necessary documents with the appropriate agencies relating to the use, storage or transportation of any hazardous materials on, to, from or about the Premises. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord and at Tenant's sole cost), and hold Landlord harmless from and against all losses, liabilities, obligations, penalties, claims, demands, judgments, costs and other damages, that are suffered or incurred by Landlord and arising from the release or other deposit during the Term of any hazardous material by Tenant, its employees, agents or contractors, on, in, under or affecting all or any portion of the Premises or the Project, or any breach of any obligation or agreement of Tenant in this paragraph. This indemnification obligation shall survive the termination of this Lease. (b) Except as provided in subparagraph (a) above, Landlord covenants that Landlord, with respect to its use and operation on the Premises prior Project during the Term, will remain in compliance with all applicable environmental laws. Landlord shall not release, generate, manufacture, store, treat, transport or dispose of any hazardous material on or about the Project or any part thereof; however, Landlord may store, transport and use such hazardous materials used by Landlord in the ordinary course of the operation of its business in compliance with all applicable environmental laws. Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant and at Landlord's sole cost), and hold Tenant harmless from and against all losses, liabilities, obligations, penalties, claims, demands, judgments, costs and other damages, that are suffered or incurred by Tenant and caused by the date Landlord delivers release or other deposit of any hazardous material by Landlord, its employees, agents (not including Tenant under the Premises to TenantManagement Services Agreement) or contractors, on, in, under or affecting all or any portion of the Project. This indemnification obligation shall survive the termination of this Lease.

Hazardous Substances. Tenant Except for cleaning solvents and other similar substances which are required for the Permitted Use, all of which shall complybe used, at handled, stored, transported and disposed of by Lessee in accordance with all laws and regulations, Lessee shall not use, generate, transport, treat, store, dispose of or otherwise handle Hazardous Substances on the Premises without the prior written consent of Lessor. Lessor may withhold such consent in its sole cost discretion or may condition such consent upon Lessee's agreement to comply with requirements designed by Lessor. The term "HAZARDOUS SUBSTANCES" shall mean any and expenseall hazardous, with all lawstoxic, ordinancesinfectious or radioactive substances, orders, rules and regulations of all state, wastes or materials as defined or listed by any federal, municipal and other governmental state or judicial agencies local statute, regulation or bodies relating ordinance pertaining to the protection of public health, safety, welfare human health or the environment (collectivelyand shall specifically include petroleum oil and its fractions. Upon expiration or termination of this Lease for any reason, “Environmental Laws”) Lessee shall remove from the Premises all Hazardous Substances and their containers brought onto the Premises by Lessee or its employees, agents, licensees, contractors or subtenants, and Lessee shall certify in the use, occupancy and operation of the Premises. Tenant agrees writing to Lessor that no Hazardous Substances (defined below) shall be usedSubstance has been leaked, locatedspilled, stored released or processed disposed on or about the Premises by Tenant Lessee or any of its employees, agents, employeeslicensees, contractorscontractors or subtenants during the Term of the Lease. Notwithstanding the foregoing, assignsLessor shall hold Lessee harmless from any claims, subtenantsdemands, guest or inviteesactions, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesliabilities, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees damages and obligations of any nature--including costs of settlement or judgment), suits clearance and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible remedial measures--for any Hazardous Substances located contamination existing on the Premises prior to occupation thereof by Lessee or caused by Lessor subsequent thereto, whether or not discovered prior to or after the date Landlord delivers the Premises to TenantCommencement Date.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the fee use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or or, environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), liability damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. Tenant Lessee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any hazardous substances to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed on disposed of on, in or about the Premises by Tenant or any of its Lessee, Lessee’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees; provided, however, that Lessee may keep and use small quantities of hazardous substances as are necessary in the ordinary course of Lessee’s business, and no Hazardous Substances will be released or discharged from further provided that Lessee shall handle, store, use and dispose of any such hazardous substance in accordance with applicable Federal, State and local laws and regulations, and in a manner which shall not cause contamination to the Premises. The term “Hazardous Substances” Lessee shall mean indemnify and include all hold Lessor harmless from any liability, claim, demand, order or injury (including reasonable attorney, consultant and expert fees), arising from Lessee’s, or Lessee’s agents’, employees’, contractors’ or invitees’ handling, storage, disposal or release of any hazardous and toxic substancessubstance in, waste under or materials, any pollutant or contaminantabout the Premises, including, without limitation, PCB’sthe cost of any required or necessary repair, asbestos cleanup, remediation or detoxification of the Premises. The foregoing covenants and raw materials indemnification shall survive the expiration of the term of this Lease. The foregoing covenants and indemnification are cumulative to any rights or remedies which Lessor or Lessee may have at law or in equity, and shall not operate to limit such rights or remedies. As used herein, “hazardous substance” means any substance that include hazardous constituents is toxic, ignitable, reactive or any other similar substances corrosive, and whose storage, handling, disposal or materials that are now or hereafter included under or transport is regulated by Federal, State or local statute, rule, regulation or ordinance, and shall include any Environmental Laws material or substance that would pose is defined as “hazardous waste,” “extremely hazardous waste” or a health“hazardous substance” pursuant to Federal, safety State or environmental hazard. Tenant hereby agrees to indemnifylocal statute, defend and hold harmless Landlord from and against any and all lossesrule, liabilities (regulation or ordinance, including, but not limited to, strict liability)asbestos, damages, injuries, expenses polychlorinated biphenyls (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees “PCBs”) and costs of settlement petroleum. In no event shall Tenant be liable or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises environmental conditions or hazardous substances existing prior to the date Landlord delivers the Premises to Tenant.of this Lease

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw(s). Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 12 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 12 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 13 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. Tenant (i) Licensee shall complynot discharge, release emit or create the threat of release of any Hazardous Substances at its sole cost the Property except in accordance with the Allowed Uses, and expenseneither Licensee nor Licensor shall discharge, release, emit or create the threat of release of any Hazardous Substances at the Property except in compliance with all laws, ordinances, orders, rules applicable HSE Laws and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment Licensor’s Procedures. (collectively, “Environmental Laws”ii) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) Licensor shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold Licensee harmless Landlord from and against any and all lossesactions, liabilities (includingclaims, but not limited todemands, strict liability)judgments, penalties, liabilities, costs, damages, injuriesobligations, expenses (including, but not limited to, court costs, litigation prohibitions and expenses, reasonable attorneys’ including court costs and attorney’s fees (but excluding any consequential, incidental and costs of settlement or judgment), suits special damages and claims of any and every kind whatsoever paid, lost profits) incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release Licensee resulting from the Premises existence of any Hazardous Substances deposited in, upon, under, over or from the Property, or resulting from allegations that Licensee is liable for Hazardous Substances originating from, transported from or otherwise related to the Property, unless and only to the extent such Hazardous Substances are deposited in, upon, under, over or from the Property by Tenant Licensee, or Licensee has directly arranged for such Hazardous Substances to originate from, be transported from or be otherwise related to the Property, in each case subsequent to the Commencement Date. All of Licensor’s obligations under this subparagraph (d)(ii) shall survive the expiration or termination of this Agreement. (iii) Licensee shall indemnify, defend and hold Licensor harmless against any and all actions, claims, demands, judgments, penalties, liabilities, costs, damages, obligations, prohibitions and expenses, including court costs and attorney’s fees (but excluding any consequential, incidental and special damages and lost profits) incurred by Licensor to the extent resulting from the existence of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substance deposited in, upon, under, over or from the Property by Licensee, or resulting from allegations that Licensor is liable for Hazardous Substances located that, as a direct result of the actions of Licensee, originated from, were transported from or were otherwise related to the Property, in each case subsequent to the Commencement Date. The obligations of Licensee set forth within this subparagraph (c) shall expire on the Premises prior to last day of the second year after the expiration or earlier termination date Landlord delivers the Premises to Tenantof this Agreement.

Hazardous Substances. Tenant To the best knowledge of Lessor, except as disclosed to Lessee in writing (a) no Hazardous Substances are present on or about the Premises or the soil, surface water or groundwater thereof, (b) no underground storage tanks or asbestos-containing building materials are present on the Premises, and (c) no action, proceeding or claim is pending or threatened regarding the Premises concerning any Hazardous Substances or pursuant to any law. Lessor has delivered to Lessee all reports and environmental assessments of the Premises conducted at the request of or otherwise available to Lessor. Under no circumstance shall complyLessee be liable for, at and Lessor shall indemnify, defend with counsel reasonably acceptable to Lessee, protect and hold harmless Lessee, its sole cost employees, agents, contractors, stockholder, directors, officers, subtenants, successors, representatives, and expenseassigns from and against, all claims, losses, costs, damages, liabilities, and expenses (including attorneys' and consultants' fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Substances present prior to the Commencement Date on or about the Premises or the soil, air, improvements, groundwater or surface water thereof, or the violation of any law relating to any such Hazardous Substance, except to the extent that any of the foregoing actually results from the occupancy of the Premises by Lessee or its agents or employees in violation of Applicable Requirements. Lessee's obligation to comply with all lawsApplicable Requirements shall not include the obligation to take action required by any Applicable Requirements governing any Hazardous Substance not brought onto the Premises by Lessee, ordinancesits agents, ordersguests, rules and regulations of all state, federal, municipal and other governmental invitees or judicial agencies employees or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, any Hazardous Substance condition that does not result from Lessee's occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. (a) Tenant shall complynot use or allow another person or entity to use any part of the Premises for the storage, at its sole cost use, treatment, manufacture, or sale of Hazardous Materials. Landlord acknowledges that Tenant may maintain ordinary cleaning products in the Premises which are incidental to the operation of Tenant’s business and expense, Landlord agrees that the use of such products in the Premises in compliance with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment applicable Laws (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos all Environmental Laws) and raw materials that include hazardous constituents or any other similar substances or materials that in the manner in which such products are now or hereafter included under or regulated designed to be used shall not be a violation by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant of this Section 35(a). (b) Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossesClaims (except to the extent they arise solely as a result of the grossly negligent acts or willful misconduct of Landlord, liabilities (includingits agents, but not limited to, strict liabilitycontractors or employees), damagesarising from or relating to: (i) any discharges, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered byreleases, or asserted againstthreatened releases of noise, Landlord by any personpollutants, entity or governmental agency forcontaminants, with respect toherbicides, pesticides, insecticides, or as hazardous or toxic wastes, substances, or materials (each of the preceding a direct “Hazardous Material”) into ambient air, water, or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances land by Tenant or any Tenant Party, from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of its agentspollutants, employeescontaminants, contractorsor hazardous or toxic wastes, assignssubstances, subtenantsor materials by Tenant or any Tenant Party, guest from, on, or inviteesunder, the Premises, or (iii) a violation of any Environmental Law on, under, or above the Premises by Tenant or any Tenant Party (for purposes hereof, “Environmental Law” means, any federal, state, or local law, statute, regulation, ordinance, guideline, or common law principle relating to public health or safety or the use or control of the environment, including without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Clean Air Act, the Federal Clean Water Act, and the Federal Resource Conservation and Recovery Act). The foregoing indemnification obligation 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 Materials present in the soil or ground water on or under the Building and arising out of a breach of Tenant’s obligations pursuant to this Section 35. If the Premises or the Building (or any portions thereof) are contaminated by any Hazardous Material during the Lease Term due to the acts or omissions of Tenant or any Tenant Party, then Tenant shall not be responsible for any Hazardous Substances located on promptly (A) notify Landlord in writing of such contamination and (B) perform all remediation required by Landlord (to Landlord’s satisfaction and at Tenant’s sole cost) necessary to return the Premises and the Building to at least as good a condition as the Premises and the Building are in as of the date immediately prior to the date contamination. If Tenant does not promptly commence and diligently pursue such remediation, or at Landlord’s election in its sole discretion, Landlord delivers may perform or cause to be performed such remediation at Tenant’s sole cost and expense and Tenant shall immediately, upon demand, pay the Premises to cost thereof, plus a supervisory fee in the amount of fifteen percent (15%) of such cost. Tenant’s obligations and liability under this Section will survive the termination of Txxxxx’s tenancy and the Lease Term.

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed are present on the Premises by Tenant Industrial Center of the soil, surface water or goundwater thereof, (b) no underground storage tanks or asbestos-containing building materials are present on the Industrial Center, and (c) no action, proceeding, or claim is pending or threatened involving the Industrial Center concerning any Hazardous Substances or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be liable for, or indemnify Lessor from, any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements relating to any such Hazardous Substance, except to the extent that any of the foregoing directly or indirectly result from the release or emission of Hazardous Substances on or about the Premises caused by Lessee, its agents, employees, employees or contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessor, its agents, contractors, stockholders, directors, successors, representatives and assigns, from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature directly or judgment), suits and claims indirectly arising out of or in connection with any and every kind whatsoever paid, incurred such release or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of Lessee, its agents, employeesemployees or contractors. Lessor shall indemnify defend and hold harmless Lessee, its agents, contractors, stockholders, directors, successors, representatives and assigns, subtenantsfrom and against all losses, guest costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature directly or invitees. Tenant shall not be responsible for indirectly arising out of or in connection with any release or emission of Hazardous Substances located on caused by Lessor, its agents, employees or contractors, or arising out of or in any way connected with the Premises prior to the date Landlord delivers the Premises to Tenantbreach of any warranties or representations by Lessor under this paragraph 17.

Hazardous Substances. Tenant (a) shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the not use, occupancy and process, release, discharge, generate, treat, store, transport or dispose of any Hazardous Substances on, in, under or through the Premises or Property (other than substances necessary for the proper operation of the Premises. Tenant agrees that no business machines (E.G., photocopying machines and printers)), and (b) shall prohibit its employees, licensees, subtenants, invitees and third party contractors from using, processing, releasing, discharging, generating, treating, storing or disposing of any Hazardous Substances (defined below) shall be usedon, locatedin, stored under or processed on through the Premises by or Property, in either case in quantities or concentrations or in a manner which would violate any applicable Requirement. In addition to any other obligation or liability that Tenant may have hereunder or under applicable law, if Tenant or any of its agents, Tenant's employees, contractors, assignslicensees, subtenants, guest invitees or inviteesthird party contractors uses, and no processes, releases, discharges, treats, generates, stores, transports or disposes of any Hazardous Substances will be released Substance on, in, under or discharged through the Premises or the Property in violation of the terms of this Lease or applicable law, then Tenant upon discovering same or upon notice from Landlord or any governmental authority shall immediately remove such Hazardous Substance from the Premises. The term “Hazardous Substances” shall mean Premises and include the Property at Tenant's sole cost and expense in accordance with all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardapplicable Requirements. Tenant hereby agrees to indemnifyindemnifies and holds Landlord harmless from any loss, defend and hold harmless Landlord from and against any and all lossescost, liabilities (includingclaim, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, damage or expense including reasonable attorneys’ ' fees and costs arising out of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances breach by Tenant or any of its agentsobligations under this Section, employees, contractors, assigns, subtenants, guest or invitees. Tenant which indemnification obligation shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenant.expiration or

Hazardous Substances. Tenant and its directors, officers, contractors, subcontractors, agents, employees or invitees shall complynot install, at store, recycle, dispose of, release or otherwise locate in or upon the Real Estate, Building or Premises any “Hazardous Substances,” as such term is hereinafter defined, without first obtaining the prior written consent of Landlord. Tenant acknowledges and agrees that Landlord may, in its sole cost and expensediscretion, with all lawseither withhold consent to such usage or activity upon receipt of notice thereof from Tenant, ordinances, orders, rules and regulations or may require Tenant to obtain such insurance or other further assurances as Landlord in its sole discretion deem necessary in order to adequately protect the interests of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the PremisesLandlord. Tenant agrees that no Hazardous Substances (defined below) shall be usedto indemnify and hold Landlord, locatedits directors, stored or processed on the Premises by Tenant or any of its agentsofficers, members, assigns, employees, agents and contractors, assignsharmless for any future liability arising out of or connected with any claims, subtenantsjudgments, guest damages, penalties, fines, assessments, fees and other expenses related in any matter to the improper storage or discharge of Hazardous Substances on the Premises, whether actual or suspected, caused by the acts or omissions of Tenant, and its directors, officers, contractors, subcontractors, agents, employees or invitees, and no Hazardous Substances will be released or discharged Tenant shall further indemnify and hold Landlord, its directors, officers, members, assigns, employees, agents and contractors, harmless from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents violation of such applicable environmental laws or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardbreach of the foregoing representations and warranties. Tenant hereby further agrees to indemnify, defend and hold harmless Landlord from and against pay any and all lossesfines, liabilities (includingcharges, but not limited toassessments, strict liability)fees, damages, injurieslosses, expenses (includingclaims, but liabilities or response costs arising out of or in any way connected with a violation by Tenant or its directors, officers, contractors, agents, employees or invitees of such applicable environmental laws, which indemnifications shall survive the expiration or termination of this Agreement. Landlord is not limited toaware of the placement, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission disposal or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeson the Real Estate. Tenant shall not be responsible for any loss, damage, injury or expense relating to Hazardous Substances located on the Premises prior to the date caused, disposed or introduced by Landlord delivers the Premises to Tenantand their agents or employees.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises, but excluding any violations existing on the Effective Date not caused by Tenant, its agents, contractors or employees and excluding any violations by Landlord or any party other than Tenant or Tenant’s agents, contractors or employees. Tenant agrees that no Hazardous Substances (as defined belowhereinafter) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Buildings by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, except for minimal quantities customarily associated with office use in first class office buildings and required for Tenant’s business, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances placed on or discharged from the Leased Premises or the Buildings by Tenant or any of its agents, employees, contractors, assigns, assigns or subtenants, guest including, without limitation, any losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or invitees. Tenant shall not be responsible for judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantso-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) not to, and shall be used, located, stored or processed on the Premises by Tenant or any cause all of its agents, employees, subtenants and its or their respective contractors, assignssubcontractors, subtenants, guest or licensees and invitees, and no all agents and employees of any of the foregoing not to, store, produce or permit any “Hazardous Substances will be released Substances” on or discharged from about the PremisesProperty or other property of Landlord except in accordance with Applicable Law. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesasbestos, waste or asbestos-containing materials, any pollutant or contaminantpolychlorinated biphenyls, includingmercury, without limitationlead, PCB’slead-based paint, asbestos chlorofluorocarbons, petroleum-based products, petroleum byproducts, explosives and raw materials that include hazardous constituents other substances regulated by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., the Resources Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., or any other similar substances federal, state or local laws, rules, regulations or ordinances relating to the regulation of toxic or hazardous materials that are now or otherwise to the environment, all as the same may have heretofore been or may hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardbe amended. Tenant hereby agrees to shall indemnify, defend and hold Landlord harmless Landlord against and from any expense for the cost of clean-up or removal and against from any and all lossesliability, liabilities damage, claim, cost or expense whatsoever (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable including attorneys’ fees and costs of settlement or judgment)fees) resulting from the use, suits and claims of any and every kind whatsoever paiddisposal, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakagedisposition, spillage, discharge, emission storage or release from the Premises transport of any Hazardous Substances by Tenant or any of its agentssubtenants, employees, or any of its or their respective contractors, assignssubcontractors, subtenants, guest licensees or invitees, or any agents or employees of any of the foregoing. In the event that Tenant shall fail to comply with this Section, then in addition to any other rights and remedies Landlord may have, Tenant shall bear the entire expense of clean-up or removal thereof, and shall promptly commence and diligently prosecute to completion such clean-up or removal of all such Hazardous Substances. Landlord may, but shall not be responsible obligated to, commence and complete such clean-up and removal irrespective of any actions taken or intended to be taken by Tenant or any other party, and Landlord may charge Tenant, as Additional Rent, for any Hazardous Substances located the entire cost and expense thereof, which shall be payable on the Premises prior to the date Landlord delivers the Premises to Tenantdemand.

Hazardous Substances. Indemnification (a) Tenant shall complyindemnify, at its sole cost defend, and expensehold OCII, with all lawsthe City and their respective commissioners, ordinancesofficers, ordersagents and employees (individually, rules an “ Indemnified Party” and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, the “Environmental LawsIndemnified Parties”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities costs, claims, damages, liabilities, and causes of action of any nature whatsoever (including, but not limited without limitation, the reasonable fees and disbursements of counsel and engineering consultants) incurred by or asserted against any Indemnified Party in connection with, arising out of, in response to, strict liabilityor in any manner relating to (a) a violation of any Environmental Law occurring during the term of this Ground Lease caused by Tenant, its employees, agents, affiliates or contractors, or (b) any Tenant Environmental Condition (as defined herein below); provided, however, that this Section 21.02(a) shall not be deemed or construed to, and shall not impose an obligation on Tenant to indemnify and save harmless the Indemnified Parties from, any claim, loss, damage, liability or expense, of any nature whatsoever, arising from or in any way related to or connected with any willful misconduct or gross negligence by any Indemnified Party. (b) Landlord shall indemnify, defend, and hold the Tenant and its successors, employees, affiliates, agents, representatives and contractors (individually, a “Tenant Indemnified Party” and collectively, the “Tenant Indemnified Parties”) harmless from and against any and all losses, costs, claims, damages, injuriesliabilities, expenses and causes of action of any nature whatsoever (including, but not limited towithout limitation, court costs, litigation expenses, the reasonable attorneys’ fees and costs disbursements of settlement or judgment), suits counsel and claims of any and every kind whatsoever paid, engineering consultants) incurred or suffered by, by or asserted againstagainst any Tenant Indemnified Party in connection with, Landlord by any personarising out of, entity or governmental agency for, with respect in response to, or as in any manner relating to a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises violation of any Environmental Law or Release of Hazardous Substances by Tenant at the Site first existing or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises occurring prior to the date Landlord delivers the Premises to TenantEffective Date.

Hazardous Substances. (a) Tenant hereby covenants that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be placed, held, located or disposed of in, on or at its sole cost the Premises or any part thereof and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental neither the Premises nor any part thereof shall ever be used as a dump site or judicial agencies storage site (whether permanent or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”temporary) in the use, occupancy and operation of the Premises. Tenant agrees that no for any Hazardous Substances during the Lease Term. (defined belowb) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so-called federal, state or local "Superfund" or "Superlien" laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substances located on Substance), provided, however, that the Premises prior foregoing indemnity is limited to matters arising solely from Tenant's violation of the date Landlord delivers covenant contained in subsection (a) above. (c) For purposes of this Lease, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the Premises to Tenantlist of hazardous substances now or hereafter adopted by the United States Environmental Protection Agency (the "EPA") or the list of toxic pollutants designated by Congress or the EPA or which are now or hereafter defined as hazardous, toxic, pollutant, infectious or radioactive by any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect.

Hazardous Substances. A. Tenant shall comply, at its sole cost covenants and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedactivities undertaken by Tenant, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assignsrepresentatives and agents, subtenantson or about the Property shall violate any Legal Requirement (whether now existing or hereafter enacted or promulgated) or any judicial or administrative interpretations thereof, guest including any judicial or inviteesadministrative orders or judgments, governing the use, storage, transportation and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all disposal of any hazardous and toxic substances, waste or materialsincluding petroleum, any pollutant or contaminantpetroleum products and other petrochemicals, includingasbestos, without limitationpolychlorinated biphenyls, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances hazardous or toxic materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardwaste (hereinafter collectively referred to as "Hazardous Substances"). Tenant hereby further covenants and agrees to indemnify, defend protect and hold save Landlord and any mortgagee harmless Landlord from and against any and all damages, losses, liabilities liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements and expenses of any kind or of any nature whatsoever (including, but not limited towithout limitation, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ legal and experts' fees and costs of settlement or judgment), suits and claims of disbursements) which may at any and every kind whatsoever paidtime be imposed upon, incurred or suffered by, asserted, claimed or asserted against, awarded against Landlord by and any person, entity mortgagee and arising from or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises out of any Hazardous Substances by Tenant on, in, under or affecting (x) all or any portion of the Property (including the Building) introduced during the term of this Lease, or (y) all or any portion of the Building and the footprint of Land upon which the Buildings stands introduced prior to the term of this Lease, in each case by, or on behalf of, Tenant, any subtenant, assignee or licensee of the Premises, which indemnity shall include, without limitation, (i) the costs of handling, storage and disposal of any and all such Hazardous Substances from all or any portion of the Property or the Premises, (ii) additional costs required to take necessary precautions to protect against the release of such Hazardous Substances on, in, under or affecting the Property or the Premises, into the air, any body of water, any other public domain or any surrounding areas and (iii) any costs incurred to comply, in connection with all or any portion of the Property or the Premises, with all applicable Legal Requirements with respect to such Hazardous Substances. Tenant represents and warrants to Landlord that Tenant has investigated the Premises to its agentsfull satisfaction with respect to Hazardous Substances and, in addition, to and not by way of limitation of, the provisions of Section 2.A. above, Tenant has accepted the Premises in its "as is" condition. The provisions of this Article 19 shall survive the expiration or sooner termination of this Lease. B. Landlord covenants and agrees that no activities undertaken by Landlord, its employees, contractors, assignsrepresentatives and agents, subtenantson or about the Property shall violate any Legal Requirement (whether now existing or hereafter enacted or promulgated) or any judicial or administrative interpretations thereof, guest including any judicial or inviteesadministrative orders or judgments, governing the use, storage, transportation and disposal of any Hazardous Substances. Landlord further covenants and agrees to indemnify, protect and save Tenant shall not harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements and expenses of any kind or of any nature whatsoever (including, without limitation, legal and experts' fees and disbursements) which may at any time be responsible for imposed upon, incurred by, asserted, claimed or awarded against Tenant and arising from or out of any Hazardous Substances located on on, in, under or affecting all or any portion of the Property or the Premises prior introduced during the term of this Lease by, or on behalf of Landlord or any Landlord Direct Tenant, or any subtenant, assignee or licensee of any Landlord Direct Space, including, without limitation (i) the costs of handling, storage and disposal of any and all such Hazardous Substances from all or any portion of the Property or the Landlord Direct Space, (ii) additional costs required to take necessary precautions to protect against the date release of such Hazardous Substances on, in, under or affecting the Property or the Landlord delivers Direct Space, into the air, any body of water, any other public domain or any surrounding areas and (iii) any costs incurred to comply, in connection with all or any portion of the Property or the Landlord Direct Space, with all applicable Legal Requirements with respect to such Hazardous Substances. Tenant represents and warrants to Landlord that Tenant has been the sole occupant of the Premises to Tenantand the Building (except for the Landlord's Direct Tenants' space) under the Ground Lease.

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed are present on the Premises by Tenant Industrial Center of the soil, surface water or goundwater thereof, (b) no underground storage tanks or asbestos- containing building materials are present on the Industrial Center, and (c) no action, proceeding, or claim is pending or threatened involving the Industrial Center concerning any Hazardous Substances or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be liable for, or indemnify Lessor from, any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements relating to any such Hazardous Substance, except to the extent that any of the foregoing directly or indirectly result from the release or emission of Hazardous Substances on or about the Premises caused by Lessee, its agents, employees, employees or contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessor, its agents, contractors, stockholders, directors, successors, representatives and assigns, from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature directly or judgment), suits and claims indirectly arising out of or in connection with any and every kind whatsoever paid, incurred such release or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of Lessee, its agents, employeesemployees or contractors. Lessor shall indemnify defend and hold harmless Lessee, its agents, contractors, stockholders, directors, successors, representatives and assigns, subtenantsfrom and against all losses, guest costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature directly or invitees. Tenant shall not be responsible for indirectly arising out of or in connection with any release or emission of Hazardous Substances located on caused by Lessor, its agents, employees or contractors, or arising out of or in any way connected with the Premises prior to the date Landlord delivers the Premises to Tenantbreach of any warranties or representations by Lessor under this paragraph 15.

Hazardous Substances. Tenant shall complynot generate, at its sole cost release, spill, -------------------- store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, medical wastes, or disease-producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and expense, with all laws, ordinances, orders, rules local laws and regulations of all state("Hazardous Substances") in, federalon or about the Premises, municipal Building, Common Areas or Land. In the event, and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) only in the useevent, occupancy and operation Landlord approves such Release of Hazardous Substances on the Premises. , Building, Common Areas or Land, Tenant agrees that no such Release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Tenant shall indemnify, hold harmless and defend Landlord from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Tenant, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances (defined below) shall be usedin, locatedon or about the Premises, stored Building, Common Areas or processed on the Premises Land caused by Tenant or any of its agents, representatives or its employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from occurring at any time after the PremisesCommencement Date. The term “Hazardous Substances” Landlord shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord and defend Tenant from and against any and all claims liabilities, losses, liabilities (including, but not limited to, strict liability), damages, injuriescleanup costs, response costs, and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs ' fees) arising out of settlement or judgment), suits and claims of in any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, way related to the presence in of Hazardous Substances in, on or the escape, leakage, spillage, discharge, emission or release from about the Premises of any Hazardous Substances caused by Tenant Landlord or any of its agents, representatives or employees, contractors, assigns, subtenants, guest . The provisions of this paragraph shall survive termination or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexpiration of this Lease.

Hazardous Substances. Tenant shall comply, at its sole cost (a) Lessor represents and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating warrants to Lessee that to the protection best knowledge of public healthLessor, safety, welfare (i) no Hazardous Substance is present on the Premises or the environment soil, surface water or groundwater thereof, (collectivelyii) no underground storage tanks or asbestos-containing building materials are present on the Premises, “and (iii) no action, proceeding or claim is pending or threatened concerning the Premises concerning any Hazardous Substance or pursuant to any Applicable Requirements. (b) Except as provided for in (d) below, Lessee will not, in violation of any Environmental Laws”) in the Law, use, occupancy and operation of generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Premises. Tenant agrees that no Premises or transport to or from the Premises any Hazardous Substances (as defined belowin Section 6.2(a) of this Lease) or allow its employees, agents, contractors, invitees or any other person or entity to do so. (c) Lessee shall surrender the Premises in as good a condition as when received by Lessee, reasonable wear and tear, casualties and condemnation excepted, it being specifically agreed to by Lessor and Lessee that (i) the presence at expiration or termination of this Lease of Hazardous Substances which are generated, released, discharged or disposed of by Lessee on, under or about the Premises shall not be used"reasonable wear and tear" as that term is used in this Lease, located(ii) Lessee shall have no liability or responsibility with respect to any Hazardous Substances that migrate onto the Premises from adjacent or other premises, stored and (iii) Lessee shall have no liability or processed responsibility with respect to any Hazardous Substances that are generated, released, discharged or disposed of on or about the Premises by Tenant Lessor or Ellex Xxxia Company or any of its their agents, employees, contractors, assigns, subtenants, guest contractors or invitees. (d) Lessee may, as required in the conduct of its business and in compliance with all Environmental Laws, use supplies and cleaning agents commonly used in a general office use, oils, solvents, adhesives, paints, and no Hazardous Substances will other materials. All applicable laws regarding the use, storage, and disposal of such materials shall be released or discharged from the Premisescomplied with. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, Upon commencing any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.activity

Hazardous Substances. Tenant shall complyA. LANDLORD hereby represents and warrants that, at its sole cost to the best of LANDLORD’s knowledge, information and expense, with all laws, ordinances, orders, rules belief: (i) the Premises have not been exposed to Hazardous Substances and regulations are presently free of all stateHazardous Substances; (ii) neither the LANDLORD nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, municipal and state or local law, regulation, ordinance or other governmental legislation pertaining to air, water, or judicial agencies or bodies relating to the protection of public health, safety, welfare soil quality or the environment handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (collectivelyiii) any handling, “Environmental Laws”) in the usetransportation, occupancy and operation storage, treatment or use of the Premises. Tenant agrees that no toxic or Hazardous Substances to date has been in compliance with applicable laws; and (defined belowiv) shall be used, located, stored or processed no reportable use has occurred on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesto date, and no the soil, groundwater and vapor on or under the Premises is free of Hazardous Substances will be released or discharged from as of the Premises. The term “Hazardous Substances” Commencement Date. B. LANDLORD shall mean and include all hazardous and toxic substancesindemnify, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnifyprotect, defend and hold COUNTY, its agents and employees and the Premises, harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), losses and/or damages, injuriesliabilities, expenses (includingjudgments, but not limited to, court costs, litigation claims, expenses, reasonable penalties, including attorneys’ fees and costs consultant’s fees, arising out of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, involving the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises existence of any Hazardous Substances by Tenant located in, about or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on under the Premises prior to the date Landlord delivers Commencement Date of this Lease. Additionally, the issuance of an order by any governmental authority directing the LANDLORD or any of LANDLORD’s other tenants or licensees on the property of which the Premises forms a part to Tenantcease and desist any illegal action in connection with a Hazardous Substance, or to remediate a contaminated condition caused by the LANDLORD or any person acting under LANDLORD’s direct control and authority is a breach of this Contract, and LANDLORD shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by COUNTY in connection with or in response to such order. LANDLORD’s obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by COUNTY, and the cost of investigation, removal, remediation, restoration and/or abatement thereof. LANDLORD’s obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation or release agreement entered into by COUNTY and LANDLORD shall release LANDLORD from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by COUNTY in writing. C. For the purposes of this paragraph, the following definitions shall apply:

Hazardous Substances. (a) Except as disclosed on the Tenant’s Questionnaire attached hereto as Exhibit C, Tenant agrees that it shall complynot store, at its sole cost and expenseuse, with all lawspossess, ordinancesgenerate, ordersdispose, rules and regulations release, spill or dispose of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, collectively “Environmental LawsHazardous Substance Activity”) any Hazardous Substances from, on or under the Premises or knowingly permit any other party to engage in the useany Hazardous Substance Activity from, occupancy and operation of on or under the Premises. Tenant agrees that no shall cause all of its Hazardous Substances (defined below) shall be used, located, stored or processed Substance Activity on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will during the term to be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include conducted in accordance with all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardapplicable laws. Tenant hereby agrees to indemnify, defend shall indemnify and hold harmless Landlord and Landlord’s officers, members, managers, agents and employees (collectively, the “Landlord Indemnified Parties”) from any claim, demand, liability, damage, loss or expense (including attorneys’ fees and court costs) that Landlord might suffer as a result of any Hazardous Substance Activity of Tenant, any agent of Tenant, or any other person present at the Premises by permission of Tenant (a “Tenant Permittee”), from, on or under the Premises during the Term, except to the extent any such claim, demand, liability, damage, loss or expense is caused by or arises out of (i) any Hazardous Substance Activity by Landlord or any agent of Landlord (a “Landlord Hazardous Substance Activity”), or (ii) any Hazardous Substance Activity occurring prior to the Turnover Date (a “Previous Hazardous Substance Activity”), provided, however, that Tenant shall be responsible to indemnify and hold the Landlord Indemnified Parties harmless from and against any such claim, demand, liability, damage, loss or expense if, and all lossesonly to the extent, liabilities physically caused by Tenant’s knowing or negligent exacerbation of any Landlord Hazardous Substance Activity or Previous Hazardous Substance Activity. In any action by a Landlord Indemnified Party to enforce Tenant’s obligations hereunder arising out of any Hazardous Substance which is of the same type or nature as the Hazardous Substances, or any constituent element thereof, which are either (includinga) the subject of the Corrective Action Plan No. 9735209 dated April 16, but not limited to1999 that Honeywell International, strict liabilityInc. is implementing at the Premises (the “CAP”) or (b) identified in the Environmental Site Assessment report for the Premises prepared by Xxxxx & Xxxxxxxxxx, Inc. and dated January 14, 2003 (the “Phase I”), damagesthe burden shall be upon such Landlord Indemnified Party to show that the claim, injuriesdemand, expenses liability, damage, loss or expense for which indemnity is sought was caused by Tenant’s Hazardous Substance Activity and not by any Landlord Hazardous Substance Activity or Previous Hazardous Substance Activity; provided, however, if Tenant conducted any Hazardous Substance Activity on the Premises involving such Hazardous Substance or a constituent element thereof, the burden of proof shall not be allocated to either Landlord or Tenant pursuant to this paragraph. Landlord shall indemnify and hold harmless Tenant and Tenant’s officers, members, managers, agents and employees (includingcollectively, but not limited tothe “Tenant Indemnified Parties”) from any claim, court costsdemand, litigation expensesliability, reasonable damage, loss or expense (including attorneys’ fees and costs of settlement or judgment), suits and claims of court costs) that any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or Tenant Indemnified Party might suffer as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant Substance Activity of Landlord, or any agent of its agentsLandlord, employeesfrom, contractors, assigns, subtenants, guest on or invitees. Tenant shall not be responsible for any Hazardous Substances located on under the Premises prior to during the date Landlord delivers the Premises to TenantTerm.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, or subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the PremisesPremises by Tenant or its agents, employees, contractors, assigns, or subtenants. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, or subtenants. Notwithstanding anything else to the contrary herein, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on in the Premises or the Project unless Tenant or its agents, employees, or contractors brought such Hazardous Substances into the Premises or the Project. In the event that any environmental survey or inspection is required for any permit, Landlord shall be solely responsible for the cost of such survey or inspection. Landlord shall remove any existing known Hazardous Substances from the Premises prior to the date delivery of possession thereof to Tenant. Landlord delivers shall protect, defend, indemnify and hold Tenant harmless of, from and against all claims, actions, liens, demands, costs, damages, punitive damages, expenses, fines and judgments (including legal costs and attorneys fees) incurred by reason of any actual or asserted presence of hazardous materials in the Premises to Tenantor the Project and/or spills or other contamination of air, soil, or water by or resulting from any hazardous materials not installed by Tenant or its agents, employees, or contractors, or resulting from removal thereof. The terms of this paragraph shall survive the termination of the Lease.

Hazardous Substances. Tenant shall complycertifies, at its sole cost represents warrants, covenants and expense, agrees that: (a) Xxxxxx agrees to comply with all applicable local, state and federal environmental laws, ordinancesregulations, orders, rules ordinances and regulations of all state, federal, municipal administrative and other governmental or judicial agencies or bodies orders relating to the protection generation, recycling, treatment, use sale, storage, handling, transport and disposal of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no any Hazardous Substances (as defined below) by any person in or around the Hangar. Tenant will not, without Owner’s prior written consent, keep in or around the Hangar, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. (b) Tenant has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Hangar. (c) Tenant shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesfully and completely liable to Owner for, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold Owner harmless Landlord from and against any and all actual or alleged claims, demands, damages, losses, liabilities liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Tenant or Owner which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, but not limited towithout limitation, strict liability)use, damagesdisposal, injuriestransportation, storage, generation or sale of Hazardous Substances) in or around the Hangar during Tenant’s possession or control of the Hangar which directly or indirectly result in the Hangar or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Hangar or any Other Property. Tenant acknowledges that it will be solely responsible for all costs and expenses relating to investigation (includingincluding preliminary investigation) and cleanup of Hazardous Substances from the Hangar or from any Other Property. (d) As used in the Agreement, but not limited to“Hazardous Substances” means any chemical, court costsmaterial, litigation expenseswaste or similar matter defined, reasonable attorneys’ fees and costs of settlement classified, listed or judgment)designated as harmful, suits and claims of any and every kind whatsoever paidhazardous, incurred extremely hazardous, dangerous, toxic or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect toradioactive, or as a direct contaminant or indirect pollutant, or other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property” means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of operations or other activities on, or around the contamination of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantHangar.

Hazardous Substances. Tenant Lessee shall complynot cause "Hazardous Substances" as defined below to be brought upon, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental kept or judicial agencies used in or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on about the Premises by Tenant or any of Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no unless such Hazardous Substances are necessary for Lessee's business and will be released or discharged from the Premises. The term “used, kept, and stored in a manner that complies with this Lease and all laws, regulations and ordinances regulating any such Hazardous Substances” shall mean , provided that Lessee first obtains the written consent of Lessor and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials provided further that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessee indemnifies Lessor from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, liability with respect toto such Hazardous Substances as more particularly described below. If Lessee breaches the covenants and obligations set forth herein or, or as a direct or indirect result of, if the presence of Hazardous Substances on, in or the escape, leakage, spillage, discharge, emission or release from about the Premises of any Hazardous Substances by Tenant or any of other property caused or permitted by Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant shall not be responsible for , results in contamination of the Premises or any other property or, if contamination of the Premises or any other property by Hazardous Substances located otherwise occurs for which Lessee is legally liable to Lessor, then Lessee shall indemnify and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises prior to Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the date Landlord delivers Lease term as a result of such contamination. The provisions of this section shall survive the Premises to Tenantexpiration and earlier termination of this Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”a) in the use, occupancy and operation of the Premises. Tenant agrees that no it will not on, about, or under the Properties, make, release, treat or dispose of any Hazardous Substances Materials; but the foregoing shall not prevent the use of any hazardous substances in accordance with applicable laws and regulations. (defined belowb) To the extent required by any federal, state or local laws, rules or regulations governing Hazardous Materials, Tenant shall be used, located, stored or processed on the Premises by Tenant or remove any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are Materials whether now or hereafter included under existing on any of the Properties and whether or regulated by not arising out of or in any Environmental Laws or that would pose a healthmanner connected with Tenant's occupancy of the Properties during the Term. In addition to, safety or environmental hazard. and without limiting Paragraph 10 of this Lease Tenant shall and hereby agrees does agree to indemnifydefend, defend indemnify and hold Lender and Landlord, their officers, directors, shareholders, partners, beneficial owners, trustees, members, managers and employees, harmless Landlord from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, liabilities damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ ' fees and costs of settlement litigation, arising out of or judgment), suits and claims in any manner connected with (i) the violation of any and every kind whatsoever paidapplicable federal, incurred state or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, local environmental law with respect toto the Properties or Tenant's or any other person's or entity's prior ownership of the Properties; (ii) the "release" or "threatened release" of or failure to remove, as required by this Paragraph 29, Hazardous Materials at or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises Properties or any portion or portions thereof, including any past or current release and any release or threatened release during the initial term and any extension or Renewal Term whether or not arising out of or in any manner connected with Tenant's occupancy of the Properties during the initial term or any extension or Renewal Term. (c) Tenant agrees that it will not install any underground storage tank at any of the Properties without specific, prior written approval from Landlord. Tenant agrees that it will not store combustible or flammable materials on any of the Properties in violation of any federal, state or local laws, rules or regulations governing Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantMaterials.

Hazardous Substances. 29.1 Tenant shall complynot, at its sole cost without first obtaining Landlord's prior written approval, generate, release, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hazardous materials, toxic substances or any pollutants or substances, defined as hazardous or toxic in applicable federal, state and expenselocal laws and regulations ("Hazardous Substances") in, on or about the Premises, except for normal quantities of customary office products used as intended by the manufacturer (including, but not limited to, diesel fuel for the emergency generator) and in compliance with Laws. In the event, and only in the event, Landlord approves such Release of Hazardous Substances on the Premises, such Release shall occur safely and in compliance with all lawsapplicable Laws. 29.2 Tenant shall indemnify and defend (with counsel approved by Landlord) Landlord, ordinancesand hold Landlord harmless, ordersfrom and against any and all claims, rules liabilities, losses, damages, cleanup costs, and regulations expenses (including reasonable attorneys' fees) arising out of all state, federal, municipal and other governmental or judicial agencies or bodies in any way relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises Release by Tenant or any of its agents, employeesrepresentatives, contractors, assigns, subtenants, guest employees or invitees, and no or the presence of any Hazardous Substances will be released in, on or discharged from about the PremisesPremises occurring as a result of or in connection with Tenant's use or occupancy of the Premises at any time after the Commencement Date. The term “Hazardous Substances” Landlord shall mean indemnify and include all hazardous and toxic substancesdefend (with counsel approved by Tenant) Tenant, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Tenant harmless, from and against any and all claims, liabilities, losses, liabilities (including, but not limited to, strict liability), damages, injuriescleanup costs, and expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and costs ' fees) arising out of settlement or judgment), suits and claims of in any and every kind whatsoever paid, incurred or suffered by, or asserted against, way relating to the Release by Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesrepresentatives, contractors, assigns, subtenants, guest employees or invitees. Tenant shall not be responsible for , or the presence on the date hereof of any Hazardous Substances located in, on or about the Premises prior or the Building. 29.3 Landlord shall have the right, subject to Section 18, from time to time to enter the date Premises, Building and Property and inspect the same for the presence of Hazardous Substances and compliance with the provisions of this Section upon a reasonable suspicion by Landlord delivers that there may be Hazardous Substances in the Premises to in violation of Tenant's obligations under this Lease.

Hazardous Substances. Landlord hereby notifies Tenant, and Tenant shall complyhereby acknowledges that, at its sole cost prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and expenseSafety Code Section 25359.7 (or any successor statute), with all lawsthat Landlord knows; or has reasonable cause to believe, ordinancesthat certain hazardous substances (as such term is used in such Section 25359.7), ordersincluding without limitation common cleaning supplies, rules and regulations office supplies, spillage of all statepetroleum products from motor vehicles, federal, municipal and other governmental consumer products, may have come to be located on or judicial agencies or bodies relating to beneath the protection of public health, safety, welfare or Premises and/or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the PremisesProject. Tenant agrees that no Hazardous Substances hereby indemnifies Landlord against all Environmental Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense of any such Environmental Claims or any action or proceeding brought on any of such Environmental Claims. For purposes of this Paragraph, "Environmental Claims" shall be usedmean all liabilities, locateddamages, stored losses, costs, expenses, attorneys' fees, and claims (except to the extent they arise as a result of the negligent acts or processed on willful misconduct of Landlord or Landlord's Invitees), arising from or which seek to impose liability (i) because of or relating to any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any of the Premises preceding a "Hazardous Material") by Tenant or any of its agentsTenant's Invitees into ambient air, employeeswater, contractorsor land from, assignson, subtenantsunder, guest or invitees, and no Hazardous Substances will be released or discharged from above the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. (ii) relating Landlord Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.---------- ---------

Hazardous Substances. Tenant Lessor represents and warrants to Lessee that as of the date hereof and as of the Commencement Date (a) it has not received notification of any kind from any regulatory agency stating that the Property is or may be targeted for a federal or state Hazardous Substances cleanup or may be contaminated with any Hazardous Substances, and (b) Lessor has no actual knowledge of a release of any Hazardous Substances on the Property. "Hazardous Substances" shall complymean any substances designated as, at its sole cost and expenseor containing components designated as, with all lawshazardous, ordinancesdangerous, orders, rules and regulations of all state, toxic or harmful or which are subject to regulation by any federal, municipal state or local law, regulation, statute or ordinance. Lessor shall indemnify, defend, and other governmental hold Lessee harmless from and against any and all loss, damage, claims, penalties, liabilities, suits, costs and expenses (including, without limitation, reasonable attorneys' fees and also including, without limitation, cost of remedial action or judicial agencies cleanup), suffered or bodies relating incurred by Lessee arising out of or related to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation disposal, transportation, generation or sale of Hazardous Substances in or about the Property or the breach of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantabove representation, including, without limitation, PCB’sany such matter suffered or incurred arising out of the matters described in the Level I Site Assessment for the "Evanx Xxxperty" prepared for Network Real Estate Services (W-6661) by Rittxxxxxxx Xxxax xxxed February, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that 1990. This indemnity shall not apply to Hazardous Substances which are now or hereafter included placed on, under or regulated in the Property by any Environmental Laws Lessee, its employees, agents, licensees, contractors or that would pose a healthinvitees or Hazardous Substances which are placed on, safety under or environmental hazard. Tenant hereby agrees to indemnifyin the Property after the Commencement Date and before Lessee vacates the Premises (unless placed on, defend and hold harmless Landlord from and against any and all lossesunder, liabilities (includingor in the Property by Lessor, but not limited toits employees, strict liabilityagents, contractors, licensees or invitees), damagesand Lessee shall hold harmless, injuriesprotect, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees indemnify and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, defend Lessor with respect to, or as a direct or indirect result of, thereto. Lessee covenants and agrees with Lessor that Lessee will not permit the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises use of any Hazardous Substances by Tenant or Substance in connection with any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located activities on the Premises prior Property except in strict accordance with all the requirements of all applicable laws, rules, regulations and ordinances, and Lessee agrees to the date Landlord delivers the Premises hold harmless, protect, indemnify and defend Lessor with respect to Tenantany breach of this covenant and agreement.

Hazardous Substances. Tenant A. Contractor shall complynot cause Hazardous Substances to be brought upon or used in or about the Project Site and/or any other property owned, at leased, controlled or under the jurisdiction of Township (hereafter, the “Owner's Property”) by Contractor, its sole cost employees, subcontractors of any tier, suppliers, and expenseanyone for whose acts and/or omissions for whom Contractor may be liable (hereafter, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, the “Environmental LawsContractor’s Agents”) ). If the presence of Hazardous Substances brought upon or used in the use, occupancy and operation or about any of the Premises. Tenant agrees that no Hazardous Substances (defined below) Owner's Property by or on behalf of Contractor or Contractor's Agents in violation of this Paragraph, results in contamination of the said property, Contractor shall be usedpay for all actual costs of clean up and shall indemnify, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteeshold harmless, and no Hazardous Substances will be released or discharged from defend the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from Indemnified Parties (described above) and against any and all lossesclaims, liabilities (including, but not limited to, strict liability), damages, injuriesdemands, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgmentfees), suits costs, fines, penalties, and claims other liabilities of any and every kind whatsoever paidand nature, including, but not limited to, costs and expenses incurred or suffered byin connection with any clean-up, remediation, removal, or asserted against, Landlord restoration work required by any personfederal, entity state or local governmental agency forauthority because of the presence of any such Hazardous Substances on or about said property. Contractor's indemnification obligations and duties hereunder shall survive the termination and/or expiration of this Agreement. B. For purposes hereof, with respect Hazardous Substances shall include, but not be limited to, substances defined as “hazardous substances” and/or “toxic substances” in the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the federal Hazardous Materials Transportation Act, as amended; and the federal Resource Conservation and Recovery Act, as amended (“RCRA”); those substances defined as “hazardous substances,” “materials,” or “wastes” under any Federal law or the law of the State of Illinois; and as a direct or indirect result ofsuch substances are defined in any regulations adopted and publications promulgated pursuant to said laws (hereafter, collectively, the presence in “Environmental Laws”). If Contractor’s activities or the escape, leakage, spillage, discharge, emission or release from the Premises activities of any of Contractor’s Agents violate or create a risk of violation of any Environmental Laws, Contractor shall cause such activities to cease immediately upon notice from Township or Engineer. Contractor shall immediately notify Township and Engineer both by telephone and in writing of any spill or unauthorized discharge of Hazardous Substances by Tenant or of any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for condition constituting an “imminent hazard” under any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantEnvironmental Laws.

Hazardous Substances. Tenant Sublessee shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating permit any "Hazardous Substances" (hereinafter defined) to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed disposed in, on or about the Sublease Premises by Tenant or any of Sublessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no except for such Hazardous Substances will as are normally utilized in the activities which are permitted on the Sublease Premises pursuant to the Master Lease and this Sublease and which are necessary to Sublessee's business. Any permitted Hazardous Substances at the Sublease Premises, and all containers therefore, shall be released used, kept, stored and disposed of in a manner that complies with all federal, state and local laws or discharged from the Premisesregulations applicable to any such Hazardous Substance. The term “Hazardous Substances” Sublessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold harmless Landlord Sublessor, its officers, directors, shareholders and employees from and against any and all lossesclaims, damages, fines, judgments, penalties, costs, expenses or liabilities (including, but not limited towithout limitation, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paidall sums paid for settlement of claims, incurred attorneys' fees, consultant and expert fees) arising during or suffered byafter the Sublease Term from or in connection with the use, storage, generation or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances in, on or about the Sublease Premises by Tenant or any of Sublessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant As used herein, "Hazardous Substances" means any substance which, is toxic, ignitable, reactive, or corrosive and which is regulated by any state or local government or by the United States government. "Hazardous Substances" includes any and all material or substances which are defined as "hazardous waste", "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substances" includes, but is not restricted to, asbestos, polychlorinated biphenyls ("PCBs") and petroleum products. Sublessee's indemnification obligations hereunder shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Sublease.

Hazardous Substances. Tenant shall comply, at its sole cost covenants and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no it shall not cause or permit any Hazardous Substances (defined belowas hereinafter defined) shall to be usedplaced, locatedheld, stored generated, handled, transported, located or processed on disposed of in, on, about or at the Premises by Tenant or the Building or any of its agents, employees, contractors, assigns, subtenants, guest part thereof and that neither the Premises or invitees, and no the Building nor any part thereof shall ever be used as a dump site or storage site (whether permanent or temporary) for any Hazardous Substances will be released or discharged from during the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardTerm. Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, paid incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees, costs or any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so called federal, state or local “Superfund” or “Superlien” laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substance); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant’s violation of the covenant contained herein. For purposes of this Lease, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (the “EPA”) or the list of toxic pollutants designated by Congress or the EPA or which are defined as hazardous, toxic, pollutant, infectious or radioactive by any other Federal, state or local statute, law, ordinance, code rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect. Without limiting the generality of the foregoing, Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantshall include petroleum and petroleum products.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Leased Premises. Tenant agrees that no Hazardous Substances (defined belowas hereinafter defined) shall be used, located, stored or processed on the Leased Premises or be brought onto any other portion of the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, and no Hazardous Substances will be released or discharged from the PremisesLeased Premises (including, but not limited to, ground water contamination). The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Leased Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Building by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest guests or invitees, including, without limitation, any losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), any so-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law. Landlord hereby confirms that, to its knowledge, there are no Hazardous Substances (as now defined) existing at the Building in violation of applicable environmental laws (as now existing). Without limitation of the foregoing, Landlord agrees, as to any Hazardous Substances (as now defined) existing in the Leased Premises or the Building or the Land on the Commencement Date, to remove or otherwise remediate such Hazardous Substances to the extent required by law (as now existing), at Landlord’s sole cost and expense. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior cooperate with Landlord in allowing proper access to the date Landlord delivers the Leased Premises to perform the foregoing removal or remediation activities, and shall use reasonable efforts not to take any action which may worsen any such environmental condition once discovered. Landlord shall restore any damage caused to the Leased Premises as a result of such access by Landlord under this Section 4.06, to the extent such damage was not caused by Tenant’s negligence or willful misconduct or Tenant’s breach of its obligations hereunder. In any entry into the Leased Premises under this Section 4.06, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s business operations at the Leased Premises.

Hazardous Substances. Tenant shall comply(a) Owner hereby represents warrants that it has no knowledge of any substance, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental chemical or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment waste (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” ”) on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Owner has not introduced or used and shall mean not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Owner shall be responsible for, and include shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all hazardous and toxic substancesspills or other releases of any Hazardous Substance caused solely by Owner, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances employee, agent, contractor, representative or materials affiliate thereof, that are now have occurred or hereafter included under may occur on the Property during the Term of this Lease. (b) The Tenant, Tenant’s Agents or regulated by Contractor’s hereby represents and warrants that it shall not: (i) bury underground or discharge into the sewage system at the Property any Environmental Laws Hazardous Substances, or that would pose (ii) use the Property as a healthstorage site for Hazardous Substances, safety except minimal quantities used in the ordinary course of the Tenant, Tenant’s Agents or Contractor’s business in accordance with all applicable environmental hazard. Tenant laws. (c) The Tenant, Xxxxxx’s Agents or Contractor and Owner each hereby agrees to indemnifydefend, defend indemnify and hold harmless Landlord the other party hereto from and against any and all lossesadministrative and judicial actions and rulings, claims, causes of action, demands and liabilities (collectively, the “Claims”) including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, assessments, penalties, fines, losses, judgments and reasonable attorneys’ attorney fees and costs of settlement that indemnitee may suffer or judgment), suits and claims of any and every kind whatsoever paid, incurred incur due to the existence or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises discovery of any Hazardous Substances by Tenant on the Property or any the migration of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance to other properties or the release of any Hazardous Substance into the environment (collectively, the “Actions”), that arise from the indemnifying party’s activities on or at the Premises prior to Property. The indemnification obligations set forth in this Section 14(c) specifically include, without limitation, costs incurred in connection with any investigation of site conditions and/or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 12(c) shall survive the date Landlord delivers the Premises to Tenanttermination or expiration of this Lease.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, at its sole cost and expenseplaced, with all lawsheld, ordinancesstored, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored located or processed on disposed of at the Premises by Tenant Project or any part thereof other than commonly used office cleaning supplies in commercially reasonable quantities. For purposes of its agentsthis Article 41, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Demised Premises of any Hazardous Substances by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agentsthe covenant contained in this Article. The obligations of Tenant under this Article shall survive any expiration or termination of this Lease. To the best of the Landlord's knowledge, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any there are currently no Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantexisting in building.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at its sole cost the Project or any part thereof except for Hazardous Substances as are commonly and expenselegally used or stored as a consequence of using the Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all laws, ordinances, orders, applicable governmental rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in concerning the use, occupancy storage, production, transportation and operation disposal of such Hazardous Substances. Promptly upon receipt of Landlord's request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedFor purposes of this Section 39, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, ' the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Premises of any Hazardous Substances caused by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant's violation of its agentsthe covenant contained in this Section 39. The obligations of Tenant under this Section shall survive any expiration or termination of this Lease. Landlord represents and warrants to Tenant that, employeesto the best of Landlord's knowledge, contractors, assigns, subtenants, guest or invitees. Tenant shall there will not be responsible for as of the Final Delivery Date, any Hazardous Substances located on or about the Premises prior Project or the Premises, except for Hazardous Substances as are commonly and legally used in the construction of the Building and the tenant improvements to the date Landlord delivers the Premises to TenantPremises, provided that such use complies with all applicable Environmental Laws.

Hazardous Substances. Tenant shall complycertifies, at its sole cost represents warrants, covenants and expense, agrees that: (a) Xxxxxx agrees to comply with all applicable local, state and federal environmental laws, ordinancesregulations, orders, rules ordinances and regulations of all state, federal, municipal administrative and other governmental or judicial agencies or bodies orders relating to the protection generation, recycling, treatment, use sale, storage, handling, transport and disposal of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no any Hazardous Substances (as defined below) by any person in or around the Hangar. Tenant will not, without Owner’s prior written consent, keep in or around the Hangar, for use, disposal, treatment, generation, storage, or sale, any Hazardous Substances. (b) Tenant has not and will not release or waive the liability of any party who may be potentially responsible for the presence or removal of Hazardous Substances on or from the Hangar. (c) Tenant shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesfully and completely liable to Owner for, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold Owner harmless Landlord from and against any and all actual or alleged claims, demands, damages, losses, liabilities liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Tenant or Owner which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, but not limited towithout limitation, strict liability)use, damagesdisposal, injuriestransportation, expenses (includingstorage, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs generation or sale of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence Hazardous Substances) in or around the escapeHangar during Tenant’s possession or control of the Hangar which directly or indirectly result in the Hangar or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, leakagerule or regulation pertaining to Hazardous Substances, spillage, discharge, emission or release and the cleanup of Hazardous Substances from the Premises Hangar or any Other Property. Tenant acknowledges that it will be solely responsible for all costs and expenses relating to investigation (including preliminary investigation) and cleanup of any Hazardous Substances by Tenant from the Hangar or from any of its agentsOther Property. (d) As used in the Agreement, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.“Hazardous

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant Debtor hereby agrees to indemnify, defend pay and hold Secured Party, and the officers, directors, employees, attorneys, agents and affiliates of Secured Party (Indemnitees) harmless Landlord from and against any and all lossesliabilities, liabilities (including, but not limited to, strict liability)claims, damages, injuriesfines, expenses penalties, liens, expenditures, costs, fees (including attorneys' fees), losses and charges including, but not limited without limitation, all costs of investigation, monitoring, legal representation, remedial response, removal, restoration or permit acquisition, which may now or in the future be undertaken, suffered, paid, awarded, assessed or otherwise incurred by or asserted against any of the Indemnitees as a result of or related to, court costseither directly or indirectly, litigation expensesthe improper use of wetlands; noise; solid, reasonable attorneys’ fees and costs liquid or gaseous waste generation, release, or other management activities; the presence or suspected presence of, Release (as defined below) of settlement or judgment), suits and claims threatened Release of any and every kind whatsoever paidHazardous Substances (as defined below) on, incurred in, under or suffered near any property or improvements thereon, owned, leased or operated by Debtor, regardless of whether or not caused by, or asserted against, Landlord within the control of Debtor and regardless of whether caused in whole or in part by any personIndemnitees' negligence. The obligations of Debtor under this paragraph 9 shall survive foreclosure (or its equivalents), entity repayment of the Indebtedness and termination of this Agreement and shall not be reduced or governmental agency forimpaired by any investigation made by or on behalf of any of the Indemnitees. For the purposes of this Paragraph 9, with respect to(i) "Hazardous Substances" means, without limitation, any explosives, radon, radioactive materials, asbestos, urea formaldehyde, foam insulation, polychlorinated biphenyls, petroleum oil, or fractions thereof, methane, "hazardous materials" as defined by or listed pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq., hazardous wastes, hazardous or toxic substances or any other material defined as a hazardous substance in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq., or as a direct hazardous or indirect result oftoxic substance or other contaminant under applicable state or local law, regulation or ordinance; and (ii) "Release" has the presence same meaning as given to that term in Section 10l(22) of such Act and the regulations promulgated thereunder. Debtor shall bear the burden of proof by preponderance of the evidence that the indemnification contained in this Guaranty is inapplicable to any claim or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantassertion made hereunder.

Hazardous Substances. Tenant shall complyLESSOR represents and warrants to LESSEE that LESSOR (a) is not presently, nor at its sole cost any time in the past did LESSOR engage in or permit, and expense(b) has no knowledge of any other person or entity’s engaging (whether past or present) or permitting (whether past or present) any operations or activities upon, with all lawsor any use or occupancy of any portion of the Property (including, ordinanceswithout limitation, ordersthe Leased Premises), rules for the purpose of or in any way involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal), accidental or intentional, of any hazardous substances, materials or wastes (individually, a “Hazardous Substance” and regulations of all collectively, “Hazardous Substances”) regulated under any federal, state, federalor local law, municipal and other governmental rule, or judicial agencies or bodies relating regulation pertaining to the protection of environment, public health, health or safety, welfare or the environment handling, manufacturing, treatment storage, use, transportation, spillage, leakage, dumping, discharge or disposal of Hazardous Substances (collectively, “Environmental Laws”) in the ). LESSOR and LESSEE each agree that they will not use, occupancy and operation generate, store, or dispose of any Hazardous Material on, under, about or within the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored Property or processed on the Leased Premises by Tenant or any in violation of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazardLaw. Tenant hereby agrees to LESSOR shall indemnify, defend defend, and hold harmless Landlord LESSEE and the LESSEE Parties (as defined in Section 12 above), and LESSEE shall indemnify, defend, and hold harmless LESSOR and the LESSOR Parties (as defined in Section 12 above), from and against any and all losses, liabilities Claims (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims as also defined in Section 12) arising from the indemnifying party’s breach of any and every kind whatsoever paidobligation, incurred or suffered byrepresentation, or asserted againstwarranty contained in this paragraph, Landlord by except for Claims arising in whole or in any person, entity part out of the indemnified party’s use or governmental agency for, with respect to, or as a direct or indirect result of, occupancy of the presence in Property or the escape, leakage, spillage, discharge, emission Leased Premises. The indemnification provisions set forth in this Section 13 shall survive the expiration or release from the Premises earlier termination of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Agreement.

Hazardous Substances. Tenant Lessee [or other occupant pursuant to any agreement authorizing mining] shall complynot keep on or about the premises any hazardous substances, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”ad defined under 42 U.S.C. § 9601(14) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any other Federal environmental law, any regulated substance contained in or released from any underground storage tank, as defined by the Resource Conservation and recovery Act, 42 U.S.C. § 6991, et seq, or any substances defined and regulated as “hazardous” by applicable State law, (hereinafter, for the purposes of its agentsthis Lease, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term collective referred to as “Hazardous Substances” ”) unless such substances are reasonably necessary in Lessee’s mining operations, and the use of such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, governing Hazardous Substances. Lessee shall mean immediately notify Lessor, the surface management agency, and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances Federal, State and local agency with jurisdiction over the Leased Premises, of contamination thereon, of (i) all reportable spills or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims releases of any and every kind whatsoever paidHazardous Substance affecting the Leased Premises, incurred (ii) all failures to comply with any applicable Federal, state or suffered local law, regulation or ordinance governing Hazardous Substances, as now enacted or as subsequently enacted or amended, (iii) all inspections of the Leased Premises by, or asserted againstany correspondence, Landlord order, citations, or notifications from any regulatory entity concerning Hazardous Substances affecting the Leased Premises, (iv) all regulatory orders or fines or all response or interim cleanup actions taken by or proposed to be taken by any person, government entity or governmental agency for, with respect to, or as a direct or indirect result of, private Party concerning the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantLeased Premises.

Hazardous Substances. Tenant shall complyLessee shall: neither cause nor permit the Premises to be used to generate, at its sole cost manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Substances, except in quantities permitted and expense, otherwise in compliance with all lawsLegal Requirements; neither cause nor permit a release of Hazardous Substances onto the Premises or any other property as a result of any intentional or unintentional act or omission on the part of Lessee; comply with all applicable Legal Requirements related to Hazardous Substances; conduct and complete all investigations, ordinancesstudies, orderssampling, rules and regulations testing, and all remedial, removal, and other actions on, from, or affecting the Premises in accordance with such applicable Legal Requirements and to the satisfaction of Lessor; upon the expiration or termination of this Lease, deliver the Premises to Lessor free of all stateHazardous Substances; and defend, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesindemnify, and no Hazardous Substances will be released hold harmless Lessor and Lessor Parties from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesexpenses of any kind or nature, waste known or materialsunknown, any pollutant contingent or contaminant, otherwise (including, without limitation, PCB’saccountants’ and attorneys’ fees, asbestos (including fees for the services of paralegals and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liabilitypersons), damagesconsultant fees, injuries, expenses (including, but not limited toinvestigation and laboratory fees, court costs, and litigation expenses, reasonable attorneys’ fees expenses at the trial and costs of settlement or judgmentall appellate levels), suits and claims of any and every kind whatsoever paid, incurred or suffered byarising out of, or asserted againstin any way related to (a) the presence, Landlord by any persondisposal, entity or governmental agency for, with respect torelease, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or threatened release from the Premises of any Hazardous Substances which are on, from, or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (b) any personal injury, including wrongful death, or damage to property, real or personal, arising out of or related to such Hazardous Substances; (c) any lawsuit brought, threatened, or settled by Tenant or related to such Hazardous Substances; and/or (d) any violation of its agents, employees, contractors, assigns, subtenants, guest or inviteesLegal Requirements related in any way to such Hazardous Substances. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.Intentionally Omitted Miscellaneous‌‌‌‌

Hazardous Substances. (a) Tenant hereby covenants that Tenant shall complynot cause or permit any "Hazardous Substances" (as hereinafter defined) to be placed, held, located or disposed of in, on or at its sole cost the Premises or any part thereof and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental neither the Premises nor any part thereof shall ever be used as a dump site or judicial agencies storage site (whether permanent or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”temporary) in the use, occupancy and operation of the Premises. Tenant agrees that no for any Hazardous Substances during the Lease Term. (defined belowb) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, of the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so-called federal, state or local "Superfund" or "Superlien" laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substances located on Substance), provided, however, that the Premises prior foregoing indemnity is limited to matters arising solely from Tenant's violation of the date Landlord delivers covenant contained in subsection (a) above. (c) For purposes of this Lease, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the Premises to Tenantlist of hazardous substances now or hereafter adopted by the United States Environmental Protection Agency (the "EPA") or the list of toxic pollutants designated by Congress or the EPA or which are now or hereafter defined as hazardous, toxic, pollutant, infectious or radioactive by any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect.

Hazardous Substances. Except for Pre-Existing Hazardous Substances, during the Term, Tenant and/or the Tenant Parties shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations not allow the presence in or about the Premises of all state, federal, municipal and other governmental or judicial agencies or bodies relating any Hazardous Substance in any manner that could be a detriment to the protection Premises or in violation of public health, safety, welfare or the environment (collectively, “any Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no and/or the Tenant Parties shall not allow any Hazardous Substances (defined below) shall be usedSubstances, locatedincluding Pre-Existing Hazardous Substances, stored or processed on to migrate off the Premises by Tenant and shall not allow the release, spill, discharge, leak, emission, injection, escape, migration, or any of its agentsdumping in, employeeson, contractorsabout, assigns, subtenants, guest from or invitees, and no Hazardous Substances will be released or discharged from adjacent to the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities Premises (including, but not limited to, strict liability)storm drains, damagessanitary sewer systems, injuriessurface waters, expenses (includingsoils, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement underground waters or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises air) of any Hazardous Substances by onto the Premises or adjacent surface waters, soils, underground waters, or air in violation of Environmental Laws; provided however, that neither Tenant or nor any of its agents, employees, contractors, assigns, subtenants, guest or invitees. the Tenant Parties shall not be responsible for any passive migration of Pre-Existing Hazardous Substances located onto the Property from off-Property areas or from the Property to off-Property areas unless such migration was directly caused or exacerbated by an act or omission of Tenant and/or the Tenant Parties. To the extent applicable, but not with respect to Pre-Existing Hazardous Substances (which shall remain the sole responsibility of the Port), Tenant shall provide the Port with Tenant and/or the Tenant Parties’ USEPA Waste Generator Number(s) and, upon request, copies of all Safety Data Sheets (SDS) for all Hazardous Substances used or stored on the Premises prior Premises, Generator Annual Dangerous Waste Reports, environmentally related regulatory permits or approvals (including revisions or renewals), and any correspondence Tenant and/or the Tenant Parties receives from, or provides to, any governmental unit or agency in connection with their handling of Hazardous Substances or the presence, or possible presence, of any Hazardous Substance in, on, about, or migrating from the Premises. Tenant and/or the Tenant Parties shall promptly report any spills or emissions of Hazardous Substances to the date Landlord delivers Port and, as required by applicable Environmental Laws, to the Premises to Tenantappropriate regulatory authorities.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises, but Tenant shall not be responsible for any violation of Environmental Laws by Landlord in the use, occupancy or operation of the Premises by Landlord prior to the date of this Lease. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesPremises, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances or the presence of any Hazardous Substances placed on or discharged from the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.

Hazardous Substances. (a) Tenant hereby covenants and agrees that Tenant shall complynot cause or permit any Hazardous Substances to be generated, placed, held, stored, used, located or disposed of at its sole cost the Project or any part thereof, except for Hazardous Substances as are commonly and expenselegally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in CERCLA (as hereinafter defined), and so long as Tenant strictly complies or causes compliance with all laws, ordinances, orders, applicable governmental rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in concerning the use, occupancy storage, production, transportation and operation disposal of such Hazardous Substances. Promptly upon receipt of Landlord's request, Tenant shall submit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedFor purposes of this Article 43, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “"Hazardous Substances” " shall mean and include all hazardous and those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic substancespollutants designated by Congress or the EPA or which are defined as hazardous, waste toxic, pollutant, infectious or materialsradioactive by any other federal, any pollutant state or contaminantlocal statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, PCB’sstrict liability) or standards of conduct concerning, asbestos and raw materials that include hazardous constituents any hazardous, toxic or any other similar substances dangerous waste, substance or materials that are material, as now or hereafter included under or regulated by at any time hereinafter in effect (collectively "Environmental Laws or that would pose a health, safety or environmental hazardLaws"). Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and ' fees, costs of settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in in, or the escape, leakage, spillage, discharge, emission or release from from, the Demised Premises of any Hazardous Substances by Tenant (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any so-called federal, state or local "Superfund" or "Superlien" laws or any of its agentsother Environmental Law); provided, employeeshowever, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on that the Premises prior foregoing indemnity is limited to the date Landlord delivers the Premises to Tenant.matters

Hazardous Substances. Tenant agrees that it will not on, about, or under the Leased Premises, make, release, treat or dispose of any "hazardous substances" as that term is defined in CERCLA; but the foregoing shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in not prevent the use, occupancy storage or existence of any hazardous substances in accordance with applicable laws and operation of the Premisesregulations and at levels that do not impose any clean up liability or obligation. Tenant agrees represents and warrants that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, it will at all times comply with CERCLA and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are Environmental Laws. To the extent required by CERCLA and/or any other Environmental Laws, Tenant shall remove any "hazardous substances" (as defined in CERCLA) and "Hazardous Materials" (as defined above) whether now or hereafter included under existing on the Leased Premises and whether or regulated by not arising out of or in any Environmental Laws or that would pose a healthmanner connected with Tenant's occupancy of the Leased Premises during the Term. In addition to, safety or environmental hazard. and without limiting Paragraph 10 of this Lease, Tenant shall and hereby agrees does agree to indemnifydefend, defend indemnify and hold Lender and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless Landlord from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, liabilities damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ ' fees and costs of settlement litigation, arising out of or judgment), suits and claims in any manner connected with (i) the violation of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, Environmental Law with respect toto the Leased Premises or Tenant's prior ownership of the Leased Premises; (ii) the "release" or "threatened release" of or failure to remove, or as a direct or indirect result ofrequired by this Paragraph 26, the presence "hazardous substances" (as defined in or the escape, leakage, spillage, discharge, emission or release CERCLA) and Hazardous Materials (as defined above) from the Leased Premises of any Hazardous Substances by Tenant or any portion or portions thereof, including any past or current release and any release or threatened release during the initial term or any extension of its agentsRenewal Term, employeeswhether or not arising out of or in any manner connected with Tenant's occupancy of the Leased Premises during the Initial Term or any extension or Renewal Term. The Tenant agrees that it will not install any underground storage tank at the Leased Premises without specific, contractors, assigns, subtenants, guest prior written approval from the Landlord. The Tenant agrees that it will not store combustible or invitees. Tenant shall not be responsible for any Hazardous Substances located flammable materials on the Leased Premises prior to the date Landlord delivers the Premises to Tenantin violation of CERCLA or any other Environmental Laws.

Hazardous Substances. Tenant shall complycovenants and agrees (i) that Tenant has not suffered, at its sole cost and expensepermitted, with all lawsintroduced or maintained in, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental on or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation about any portion of the PremisesLeased Premises since the commencement of the term of the Carrington Lease (as defined in Paragraph C of Exhibit "X" xx xxxs Lease), any Hazardous Material [as defined in Section ll(d)(i)) except as may be permitted by law, it being understood that Tenant may, from time to time, handle such substances in conjunction with Tenant's laboratory operations. Tenant further covenants and agrees that no to indemnify, protect and save Landlord harmless against and from any and all damage, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including, without limitation. attorneys' and experts' fees and disbursements) which may at any time be iniposed upon, incurred by or asserted or awarded against landlord and arising from or out of any Hazardous Substances (defined below) shall be usedMaterial on, locatedin, stored under or processed on the Premises by Tenant affecting all or any portion of its agentsthe Building. Leased premises, employeesor Property, contractorsintroduced by, assignsor on behalf of, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminantTenant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against (i) the costs of removal of any and all lossesHazardous Materials from all or any portion of the Building, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement Leased Premises or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered byProperty, or asserted againstreleased, Landlord by discharged, leaked or spilled from the Building, teased Premises or Property into the air, surface water, groundwater or land, and (ii) any person, entity or governmental agency for, costs incurred to comply with respect to, or as a direct or indirect result of, of the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises violation of any Environmental Requirements [as defined in Section ll(d)(ii)]. The preceding portions of this provision do not apply to Hazardous Substances by Tenant Material which may be located in the Building, Leased Premises, or any of its agents, employees, contractors, assigns, subtenants, guest Property at or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers initial commencement (hereto or hereafter) of any work, construction, repairs or alterations therein by Tenant under the Premises to Tenant.Carrington Lease

Hazardous Substances. Tenant Each Party (the “Responsible Party”) shall complycomply with, at its sole cost and expenseshall indemnify the Indemnified Parties (as defined below) against any obligations imposed under or violation of, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies any Law relating to the protection of public healthgeneration, safetymanufacture, welfare or the environment (collectivelystorage, “Environmental Laws”) in the use, occupancy and operation release or threatened release, disposal, transportation or presence of any Hazardous Substance on or under the Premises. Tenant agrees that no Hazardous Substances Property by the Responsible Party, except for a violation of applicable Law by an Indemnified Party (as defined below) resulting directly from any release of Hazardous Substances by an Indemnified Party. Indemnified Parties shall be usedhave no liability or responsibility under this Agreement, locatedand, stored or processed on without limiting the Premises by Tenant or any generality of its agentsSection 7.3(b) hereof, employees, contractors, assigns, subtenants, guest or inviteesthe Responsible Party shall hold the Indemnified Parties harmless and defend the Indemnified Parties from, and no Hazardous Substances will be released or discharged from reimburse the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materialsIndemnified Parties for, any pollutant or contaminantand all loss, costs, liability, damage and expense (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgmentcosts), suits and claims of any and every kind whatsoever paidincurred in connection with or arising from, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on or within the Premises prior Property resulting from the Responsible Party’s acts or omissions. These indemnifications shall survive the termination of this Agreement. Each Party shall immediately notify the other Party in writing should it discover or be informed of the presence or any threatened release or presence of any Hazardous Substance on the Property. Lessee has had the following environmental studies prepared on the Property: [_______________________]. Lessee represents that it has reviewed and is familiar with all of the matters contained in these studies. If Lessee’s use of the Property (including, without limitation, its construction activities) triggers any obligations imposed under any Law related to the date Landlord delivers the Premises to TenantHazardous Substances, Lessee shall promptly and completely comply with such Laws at it sole cost and expense.

Hazardous Substances. Tenant shall complyBorrower represents and warrants that, at except as previously disclosed in writing by Borrower or its sole cost agent to Lender: no hazardous or toxic substance or material or other waste (“Hazardous Substance”) as defined in or regulated under the Comprehensive Environmental Response, Compensation and expenseLiability Act of 1980, with all lawsas amended (42 X.X.X. §0000 et. seq.), ordinancesthe Resource Conservation and Recovery Act (42 X.X.X. §0000, orders, rules and regulations of all state, et. seq.) or any other federal, municipal and other governmental state or judicial agencies local law, order or bodies relating regulation pertaining to the protection of public health, safety, welfare safety or the environment (collectively, “Environmental LawsLaw”) in has, to the useknowledge of Borrower ever been disposed, occupancy released, discharged or spilled on or under any real property now or heretofore ever owned, leased, operated or controlled by Borrower or any past, present or anticipated future subsidiary or affiliate of Borrower, that no such real property has ever been used as a dump or landfill, and operation that, to Borrower’s knowledge, no litigation or administrative action or proceeding has been commenced or threatened against Borrower or any subsidiary or affiliate of the PremisesBorrower alleging a violation of any Environmental Law. Tenant agrees Borrower warrants and covenants that no all real property now and at any time hereafter owned, leased, operated or controlled by Borrower and each subsidiary and affiliate of Borrower is and shall remain free from any contamination by any Hazardous Substances (defined below) shall be usedSubstance and that Borrower and each such subsidiary and affiliate has complied and will comply with all Environmental Laws affecting each of them, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesrespectively, and no Hazardous Substances will be released affecting all property, whether real, personal or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substancesmixed, waste or materialsheretofore, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under owned, leased, operated or regulated controlled by any Environmental Laws or that would pose a health, safety or environmental hazardof them. Tenant Borrower hereby agrees to indemnify, defend indemnifies Lender and hold holds Lender harmless Landlord from and against any and all losses, liabilities costs, expenses (including, including but not limited toto reasonable attorneys’ fees), strict liability)injuries, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits liabilities and claims of any and every kind whatsoever paid, incurred or suffered by, by or asserted against, Landlord against Lender by any personperson or entity, entity or including but not limited to any governmental agency forentity, whatsoever with respect to, to or as a direct or indirect result of, of the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances Substance on or under any real property now and at any time hereafter owned, leased, operated or controlled by Tenant Borrower or any subsidiary or affiliate of its agentsBorrower, employeesor the violation or alleged violation by Borrower or any such subsidiary or affiliate of any Environmental Law or, contractorswithout limitation of the foregoing, assignsany inaccuracy of any representation or warranty by Borrower contained in this Section or any breach by Borrower or other default in the covenants contained in this Section. The indemnification established under the preceding sentence shall survive the maturity as well as the repayment or other discharge of the Obligations and any termination of this Agreement whether pursuant to repayment of the Obligations, subtenantsrepossession and/or sale of the Collateral or otherwise, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers maximum extent permitted by law. Borrower expressly acknowledges that any misrepresentation by Borrower under this Section, or any failure of condition or breach of covenant by Borrower or other default in any of the Premises to Tenantobligations of Borrower under this Section shall be and constitute an Event of Default under this Agreement.

Hazardous Substances. Tenant Except as disclosed to and acknowledged by Lender to writing, Borrower represents and warrants that: (1) During the period of Borrowers ownership of the Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral, (2) Borrower has no knowledge of, or reason to believe that there has been (a) any breach of violation of any Environmental Laws; (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Collateral by any prior owners or occupants of any of the Collateral; or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters, (3) Neither Borrower nor any tenant, contractor, agent or other authorized user of any of the Collateral shall complyuse, at its sole cost generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and expense, any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations, and ordinances, orders, rules and regulations of including without limitation all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”. Borrower authorizes Lender and its agents to enter upon the Collateral to make such inspections and tests as Lender may deem appropriate to determine compliance of the Collateral with this section of the Agreement. Any inspections or tests made by Lender shall be at Borrower’s expense and for Lender’s purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to any other person. The representations and warranties contained herein are based on Borrower’s due diligence in investigating the Collateral for hazardous waste and Hazardous Substances. Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored event Borrower becomes liable for cleanup or processed on the Premises by Tenant or other costs under any of its agents, employees, contractors, assigns, subtenants, guest or inviteessuch laws, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby (2) agrees to indemnify, defend defend, and hold harmless Landlord from and Lender against any and all claims, losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuriespenalties, and expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs which Lender may directly or indirectly sustain or suffer resulting from a breach of settlement or judgment), suits and claims this section of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, the Agreement or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises consequence of any Hazardous Substances by Tenant use, generation, manufacture, storage, disposal, release or any threatened release of its agentsa hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, employeesincluding the obligation to indemnify and defend, contractorsshall survive the payment of the indebtedness and the termination, assigns, subtenants, guest expiration or invitees. Tenant satisfaction of this Agreement and shall not be responsible affected by Lender’s acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise. Litigation and Claims. No litigation, claim, investigation, administrative proceeding or similar action (including those for any Hazardous Substances located on the Premises prior unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to the date Landlord delivers the Premises to Tenantand acknowledged by Lender in writing.

Hazardous Substances. Tenant Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises as a landfill or as a dump for garbage or refuse, and shall complynot permit any hazardous or toxic waste, at its sole cost substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the maintenance or storage of which is prohibited, regulated, or penalized by any local, state, or federal agency, authority, or governmental unit, to be brought onto the Premises or if so brought or found located thereon, shall cause the same to be immediately removed, unless the maintenance, handling, storage, use, treatment, and expense, disposal of same is in full compliance with all lawsapplicable federal, ordinances, orders, rules state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the termination of this Lease. Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises in any manner other than in full compliance with all state, applicable federal, municipal state and other local environmental laws and regulations. If Lessee receives any notice from a governmental agency of violation of any environmental laws and regulations, Lessee shall promptly deliver a copy of such notice to Lessor. In the event of any release of any hazardous or judicial agencies toxic substances, materials or bodies relating to the protection of public healthcontaminants at, safetyon, welfare in, under or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation affecting any portion of the Premises, Lessee shall promptly notify Lessor of such release. Tenant Lessee further covenants and agrees that no Hazardous Substances 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 of any kind or of any nature whatsoever (defined belowincluding, without limitation, attorneys’ and experts’ fees and disbursements) shall which may at any time be usedimposed upon, located, stored incurred by or processed on the Premises by Tenant asserted or awarded against Lessor or arising from or out of any of its agents, employees, contractors, assigns, subtenants, guest hazardous or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste materials or materialscontaminants from all or any portion of the Premises introduced by Lessee (or any person or entity claiming by, any pollutant through or contaminantunder Lessee), including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against : (i) the costs of removal of any and all lossessuch hazardous or toxic substances, liabilities materials or contaminants from all or any portion of the Premises; (includingii) additional costs required to take necessary precautions to protect against the release of such hazardous or toxic substances, but not limited tomaterials or contaminants on, strict liability)in, damagesunder or affecting the Premises into the air, injuriesany body of water, expenses any other public domain or any surrounding areas; and (includingiii) any costs incurred to comply, but not limited toin connection with all or any portion of the Premises with all applicable laws, court costsorders, litigation expensesjudgments and regulations with respect to such hazardous or toxic substances, reasonable attorneys’ fees and costs of settlement materials or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered contaminants introduced by, or asserted againston behalf of Lessee. This indemnity shall survive the expiration or earlier termination of this Lease. In addition, Landlord at the end of the term of this Lease or earlier termination hereof, Lessee, upon a reasonably based request by any personLessor, entity or governmental agency forshall cause, with respect toat Lessee’s expense, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from an environmental study to be conducted of the Premises by a person or firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other such materials have been stored, handled, treated or disposed of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. Except for Hazardous Substances (i) contained in products used by Landlord or Tenant during construction of the Project, (ii) used by Landlord or Tenant in de minimis quantities for ordinary cleaning and office purposes and petroleum products used as fuel in vehicles, heating systems and back up generators or (iii) produced by Tenant or an affiliate of Tenant and kept on the Demised Premises in de minimis quantities for purposes of displaying such products in a display case or for purposes of sending samples to Tenant’s customers and potential customers (and, in the case of (i), (ii) and (iii), then only in compliance with all applicable Environmental Laws), Landlord and Tenant shall complynot permit or cause any party to bring any Hazardous Substances upon the Project or the Demised Premises or transport, store, use, generate, manufacture, dispose, or release any Hazardous Substances on or from the Project or the Demised Premises without the other’s prior written consent. Landlord and Tenant, at its their respective sole cost and expense, shall operate their respective businesses in the Project in strict compliance with all lawsEnvironmental Laws and all requirements of this Lease. Landlord agrees that all other tenants of the Project, ordinancesat such tenants’ sole cost and expense, orders, rules and regulations of shall be obligated to operate their respective businesses in the Project in strict compliance with all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use. Landlord and Tenant shall and hereby do agree to pay, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedprotect, locateddefend, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold the other harmless Landlord from and against any and all lossesloss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims, costs and liabilities arising out of or in any manner related to the generation, storage, use, treatment or disposal of Hazardous Substances at the Project by Landlord or Tenant or their respective agents, employees or contractors. Notwithstanding the foregoing sentence, Landlord and Tenant or their respective agents, employees or contractors may use de minimis quantities or products containing Hazardous Substances for ordinary cleaning and office purposes, and then only in compliance with all applicable Environmental Laws. Other than as disclosed in that certain environmental assessment prepared by Xxxxxx Xxxx Associates, Project No. R00507.13E, and dated October 2006 (the “Environmental Report”), a copy of which has been provided to Tenant, to Landlord’s current actual knowledge, neither Landlord nor any third party has generated, disposed of, released, nor found any Hazardous Substances on or about the Demised Premises or the Project in violation of Environmental Laws. It is understood by Tenant, however, that Landlord has not made any independent investigations to confirm the accuracy of the Environmental Report or the foregoing representation, and Landlord makes no representation or warranty as to the accuracy or completeness of the Environmental Report. Tenant agrees to keep the Environmental Report confidential and not to disclose the contents thereof to any other party (with the exception of its agents and consultants who shall also be subject to such confidentiality requirement) without the prior written consent of Landlord. Landlord has received no notice that any municipality or any governmental or quasi-governmental authority has determined that there are any violations of the Environmental Laws with respect to the Demised Premises or the Project. Landlord covenants that it will undertake all commercially reasonable efforts to obtain and assist Tenant in obtaining comfort letters, certifications, authorizations and other approvals requested by Tenant in connection with any and all relevant brownfields Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and Exchange Commission. and historic preservation laws and regulations. In addition to the foregoing indemnity, Landlord agrees to pay, protect, defend, indemnify and hold harmless Tenant from and against any and all loss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), costs (including, without limitation, reasonable attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims and liabilities arising out of any Hazardous Substances present on the Project prior to the Commencement Date and thereafter released upon the Project, except for those releases caused by Tenant, its agents, employees or contractors, (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity). Such liability of Landlord shall be without regard to negligence or fault (except the negligence or fault of Tenant, its agents, employees or contractors (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Landlord acknowledges and agrees that any liabilities for historic preservation, environmental remediation and removal of Hazardous Materials, arising from site conditions prior to the Commencement Date, including, but not limited to, strict liability)those liabilities arising under Environmental Laws shall be the sole responsibility of Landlord (except to the extent caused by the negligence or fault of Tenant, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesemployees or contractors (excluding Landlord, contractors, assigns, subtenants, guest Landlord’s Contractor or inviteesits or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Tenant The provisions of this Article 12.2 shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Lease.

Hazardous Substances. (a) Tenant represents and warrants to Landlord that Tenant does not use, handle, store, generate, release, treat, or dispose of any Hazardous Substances (as defined below) in connection with its use of the Premises permitted under this Lease. Tenant agrees that it shall not cause, permit, or suffer any Hazardous Substances to be brought, used, handled, kept, stored, generated, released, treated, or disposed of in or about the Premises, the Building, or the Project by Tenant or its employees, .agents, contractors, subtenants, invitees, guests, or others under Tenant’s reasonable control and, in the event any of the foregoing shall occur as a result of any act or omission of Tenant or its employees, agents, contractors, subtenants, invitees, guests, or others under Tenant’s reasonable control or otherwise be discovered by Tenant, Tenant shall complyimmediately notify Landlord. Landlord and its employees, agents, representatives, and consultants shall be entitled to reasonable access to the Premises during reasonable hours and upon reasonable notice to Tenant in order to determine Tenant’s and other tenants’ compliance with its requirements under this Paragraph and such other tenants’ leases, including, without limitation, conducting periodic and unscheduled environmental inspections and tests of Hazardous Substances contamination of the Premises, the Building, and the Project. (b) Tenant agrees to indemnify, protect, defend (with counsel approved by Landlord), and hold harmless Landlord from and against any breach by Tenant of any of its representations, warranties, or obligations under this Paragraph and any claim, damage, loss, judgment, award, cost and/or expense (including, without limitation, attorneys’ fees, cost of suit, and costs of appeal, diminution in value of the Building and the Project, damages for the loss or restriction on use of rentable or usable space or any amenity of the Building or the Project, damages arising from any adverse impact on marketing of the Building or the Project, and sums paid in settlement of claims, consultant fees, and expert fees) which arise during or after the term of this Lease as a result of any of the foregoing. This indemnification of Landlord by Tenant includes, without limitation, costs and expenses paid or 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 Substances present in the soil, air, or ground water in, on, under, or in the vicinity of the Premises, the Building, or the Project resulting from such a breach. Without limiting the generality of the foregoing, if the presence of any Hazardous Substances in the Premises, the Building, or the Project caused, permitted, or suffered by Tenant results in any contamination of any of the foregoing, Tenant shall promptly take all actions at its sole cost and expenseexpense as may be necessary to return the Premises, with all lawsthe Building, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating and/or the Project to the protection condition existing prior to the introduction of public healthsuch Hazardous Substances thereto, safetyprovided Landlord’s prior written approval of such actions and the contractors to be used by Tenant in connection therewith, welfare shall first be obtained. (c) Landlord shall be entitled to withhold its consent to any proposed transfer, assignment, or subletting of the environment Premises (collectively, “Environmental Laws”and such withholding shall be deemed reasonable) in if any of the following shall apply: (i) the proposed transferee’s anticipated use of the Premises involves the use, occupancy and operation handling, storage, generation, treatment, or disposal of any Hazardous Substances; (ii) the Premises. Tenant agrees that no proposed transferee, assignee, or sublessee has been required by any prior landlord, lender, or governmental authority to take remedial action in connection with Hazardous Substances for which transferee, assignee, or sublessee was shown or deemed to be liable or responsible; or (defined belowiii) shall be usedthe proposed transferee, locatedassignee, stored or processed on sublessee is subject to an enforcement order issued by any governmental authority in connection with the Premises by Tenant use, storage, or disposal of any of its agentsHazardous Substances. (d) As used herein, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all refer to any hazardous and or toxic substance, material, or waste which is or becomes: (i) potentially injurious to the public health, safety or welfare, either by itself or in combination with other materials or substances, waste ; (ii) regulated by any local governmental authority or materials, any pollutant or contaminantthe United States Government, including, without limitation, PCB’sany material or substance defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” or similar term under the law of the jurisdiction where the Premises is located, designated as a “hazardous substance” pursuant to Paragraph 311 of the Federal Water Pollution Control Act (33 U.S.C. 1317), defined as a “hazardous waste” pursuant to Paragraph 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (42 U.S.C. 6903), or defined as a “hazardous substance” pursuant to Paragraph 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (42 U.S.C. 9601); or (iii) a basis for potential liability of Landlord to any governmental or quasi•governmental authority or third party under any applicable statute or common law theory, including, without limitation, asbestos and raw materials that include hazardous constituents or any asbestos-containing materials, oil, crude oil, petroleum, gasoline, and other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a healthhydrocarbon products, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by-products, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantfractions thereof.

Hazardous Substances. Tenant shall comply(a) Mortgagor hereby represents that neither Mortgagor nor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection best of public healthMortgagor's knowledge, safetyafter due inquiry, welfare any other person or the environment entity has ever generated, used or disposed of any Hazardous Substance (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (as defined below) shall be used, located, stored from or processed on in connection with the Premises by Tenant Mortgaged Property or used the Mortgaged Property as a storage facility for any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant Substance. (b) Mortgagor hereby agrees to indemnify, defend indemnify Mortgagee and hold Mortgagee harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees ' and paralegals' fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord Mortgagee by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence presence, usage, storage, generation or disposal on or under or in connection with the Mortgaged MWF 7/7/93 Property, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from the Premises Mortgaged Property, of any Hazardous Substances by Tenant Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' and paralegals' fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, under any so called Federal, state or local "superfund" or "superlien" law, or under any statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, or standards of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for conduct concerning any Hazardous Substances located on Substance), regardless of whether within the Premises prior control of Mortgagee. (c) For purposes of this Section 6, "Hazardous Substance" shall mean and include those elements or compounds which are from time to time contained in the date Landlord delivers list of hazardous substances adopted by the Premises to TenantUnited States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by Congress or the EPA or defined by any other Federal, Florida, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect.

Hazardous Substances. Tenant shall complyLessee covenants and warrants that it will not engage in or permit any person or entity to engage in any transportation, at its sole cost and expensestorage, with all lawsplacement, ordinanceshandling, orderstreatment, rules and regulations of all statedischarge, federalgeneration, municipal and other governmental production, or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment disposal (collectively, “Environmental Laws”‘Treatment’) of any hazardous substance on or which affects the premises, the Building of which it is a part, or the underlying real estate ground and ground water in the useviolation of any application law, occupancy statute, ordinance, rule, or regulation. Lessee hereby agrees it will indemnify defend, save and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedhold harmless Lessor and Lessor’s employees, located, stored or processed on the Premises by Tenant or any of its agents, employeesand their respective heirs, contractors, assigns, subtenants, guest or inviteessuccessors, and no Hazardous Substances will be released or discharged from assigns (collectively, the Premises. The term “Hazardous Substances” shall mean ‘Lessee’s Indemnities’) against and include all hazardous from, and toxic substances, waste or materialsto reimburse the Lessee’s Indemnities with respect to, any pollutant or contaminantand all damages, includingclaims, liabilities, losses, costs, and expenses (including without limitation, PCB’sall attorney’s fees and expenses, asbestos court costs, administrative costs, and raw materials costs of appeals), incurred by or asserted against the Lessee’s Indemnities by reason or arising out of the breach of any representation or undertaking of Lessee under this Paragraph 30 of this Lease. Lessor warrants that include hazardous constituents or to the best of its knowledge, information, and belief the premises, the building of which it is a part, and the underlying real estate ground and ground water do not contain any, nor are they affected by any, such waste, nor has it received notification from any other similar substances or materials agency that are now or hereafter included under or regulated by any Environmental Laws or that would pose the premises, the building of which it is a health, safety or environmental hazardpart and the underlying real estate ground and ground water has been targeted for a Superfund clean up. Tenant hereby Lessor agrees to indemnify, defend defend, save, and hold harmless Landlord Lessee, its directors, officers, shareholders, employees, attorneys, insurers, agents, and their respective heirs, successors, and assigns (collectively, the ‘Lessor’s Indemnities) from and against against, and to reimburse the Lessor’s Indemnities with respect to, any and all lossesclaims, liabilities (including, but not limited to, strict liability)liabilities, damages, injurieslosses, and expenses (including, but not limited to, all attorneys, fees, consulting fees, administrative costs, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement appeals) incurred by or judgmentasserted against the Lessor’s Indemnities by reason of, arising out of, or resulting from the presence or suspected presence of any waste on the premises, the building of which it is a part, or the underlying real estate ground and ground water. As used herein, ‘Hazardous Substance’ shall have the same meaning as that term or the term ‘Hazardous Materials’ or the term ‘Hazardous Waste’ is defined by any law, statute, ordinance, rule, or regulatory authority, and including, but not limited to, petroleum products, radioactive wastes, polychlorinated biphenyls, and asbestos (collectively, ‘waste’), suits but will not include body fluids received for medical testing, provided Lessee’s storage and claims disposal of any fluids complies with KRS chapter 24 and every kind whatsoever paidall applicable regulations promulgated thereunder. The provision, incurred or suffered bycovenants, and warranties in this Paragraph 31 will survive the termination, cancellation, modification, rescission, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises expiration of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantthis Lease.

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no knowingly permit any Hazardous Substances (defined below) shall not ordinarily used by hotels to be used, locatedstored, stored generated, discharged or processed disposed of on or in the Premises Land by Tenant, or Tenant’s subtenants, licensees, agents, employees, contractors or invitees. If Hazardous Substances are used, stored, generated, discharged or disposed of on or in the Land, or if the Land becomes contaminated by Hazardous Substances in any manner during the Term, in each case by Tenant or any of its Tenant’s subtenants, licensees, agents, employees, contractors, assigns, subtenants, guest contractors or invitees, then Tenant shall indemnify, hold harmless and no Hazardous Substances will be released defend Landlord from any and all claims, damages, fines, judgments, penalties, costs, liabilities or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, losses (including, without limitation, PCB’sdamages due to loss or restriction of rentable or usable space, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensessums paid for settlement of claims, reasonable attorneys’ fees attorney's fees, consultant and costs of settlement expert fees) arising during or judgment), suits after the Term and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or arising as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances such contamination by Tenant or any of its Tenant’s subtenants, licensees, agents, employees, contractors, assigns, subtenants, guest contractors or invitees. This indemnification includes, without limitation, any and all costs incurred due to any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of, or receives notice from any person of the existence of any Hazardous Substance on the Land and such results in contamination, Tenant shall not be responsible for immediately give Notice thereof to Landlord and Tenant shall promptly, at its sole expense, take any Hazardous Substances located on and all necessary actions to return the Premises Land to the condition existing prior to the date Landlord delivers presence of any such Hazardous Substance on the Premises to Land. Tenant's obligations under this section shall survive the expiration or termination of this Lease.

Hazardous Substances. Neither Landlord nor Tenant shall complycause or permit any Hazardous Material (as hereinafter defined) to be brought upon, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental kept or judicial agencies used in or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on about the Premises by Tenant Landlord or any of Tenant, its agents, employees, contractors or invitees except in quantities and in a manner not prohibited by applicable Governmental Laws (defined below) and in connection with Landlord’s or Tenant’s business or incidental thereto. Tenant further covenants and agrees that it shall not discharge any Hazardous Material in the ground or sewer disposal system. If Tenant breaches the obligations stated in the preceding sentences, or if the presence of Hazardous Material on the Premises caused by Tenant, its employees, contractors, invitees, agents, servants, tenants or assigns, subtenantsresults in contamination of the Premises or if there is such a discharge, guest or inviteesthen Tenant shall (A) immediately give Landlord written notice thereof, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to (B) indemnify, defend and hold harmless Landlord from and against any and all lossesclaims, liabilities (including, but not limited to, strict liability)judgments, damages, injuriespenalties, expenses (includingfines, but not limited to, court costs, litigation expensesliabilities or losses which arise during or after the term as a result of such breach, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered bycontamination, or asserted againstdischarge. The foregoing indemnification includes, Landlord without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal or restoration work required by any personfederal, entity state or local governmental agency foror political subdivision. Without limiting the foregoing, with respect to, or as a direct or indirect result of, if the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances Material within the Premises caused or permitted by Tenant results in any contamination of the Premises or any other part of its agentsthe Land, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on promptly take all actions at its sole expense as are necessary to return the Premises or any facility or property of Landlord to the condition existing prior to the date Landlord delivers the Premises to Tenantintroduction of any such Hazardous Material.

Hazardous Substances. Except for Hazardous Substances (i) contained in products used by Landlord or Tenant during construction of the Project, (ii) used by Landlord or Tenant in de minimis quantities for ordinary cleaning and office purposes and petroleum products used as fuel in vehicles, heating systems and back up generators or (iii) produced by Tenant or an affiliate of Tenant and kept on the Demised Premises in de minimis quantities for purposes of displaying such products in a display case or for purposes of sending samples to Tenant’s customers and potential customers (and, in the case of (i), (ii) and (iii), then only in compliance with all applicable Environmental Laws), Landlord and Tenant shall complynot permit or cause any party to bring any Hazardous Substances upon the Project or the Demised Premises or transport, store, use, generate, manufacture, dispose, or release any Hazardous Substances on or from the Project or the Demised Premises without the other’s prior written consent. Landlord and Tenant, at its their respective sole cost and expense, shall operate their respective businesses in the Project in strict compliance with all lawsEnvironmental Laws and all requirements of this Lease. Landlord agrees that all other tenants of the Project, ordinancesat such tenants’ sole cost and expense, orders, rules and regulations of shall be obligated to operate their respective businesses in the Project in strict compliance with all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use. Landlord and Tenant shall and hereby do agree to pay, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be usedprotect, locateddefend, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold the other harmless Landlord from and against any and all lossesloss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims, costs and liabilities arising out of or in any manner related to the generation, storage, use, treatment or disposal of Hazardous Substances at the Project by Landlord or Tenant or their respective agents, employees or contractors. Notwithstanding the foregoing sentence, Landlord and Tenant or their respective agents, employees or contractors may use de minimis quantities or products containing Hazardous Substances for ordinary cleaning and office purposes, and then only in compliance with all applicable Environmental Laws. Other than as disclosed in that certain environmental assessment prepared by Xxxxxx Xxxx Associates, Project No. R00507.13E, and dated October 2006 (the “Environmental Report”), a copy of which has been provided to Tenant, to Landlord’s current actual knowledge, neither Landlord nor any third party has generated, disposed of, released, nor found any Hazardous Substances on or about the Demised Premises or the Project in violation of Environmental Laws. It is understood by Tenant, however, that Landlord has not made any independent investigations to confirm the accuracy of the Environmental Report or the foregoing representation, and Landlord makes no representation or warranty as to the accuracy or completeness of the Environmental Report. Tenant agrees to keep the Environmental Report confidential and not to disclose the contents thereof to any other party (with the exception of its agents and consultants who shall also be subject to such confidentiality requirement) without the prior written consent of Landlord. Landlord has received no notice that any municipality or any governmental or quasi-governmental authority has determined that there are any violations of the Environmental Laws with respect to the Demised Premises or the Project. Landlord covenants that it will undertake all commercially reasonable efforts to obtain and assist Tenant in obtaining comfort letters, certifications, authorizations and other approvals requested by Tenant in connection with any and all relevant brownfields and historic preservation laws and regulations. In addition to the foregoing indemnity, Landlord agrees to pay, protect, defend, indemnify and hold harmless Tenant from and against any and all loss, damages, expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), costs (including, without limitation, reasonable attorneys’ fees, consultant fees or expert fees and costs of litigation), fees, claims and liabilities arising out of any Hazardous Substances present on the Project prior to the Commencement Date and thereafter released upon the Project, except for those releases caused by Tenant, its agents, employees or contractors, (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity). Such liability of Landlord shall be without regard to negligence or fault (except the negligence or fault of Tenant, its agents, employees or contractors (excluding Landlord, Landlord’s Contractor or its or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Landlord acknowledges and agrees that any liabilities for historic preservation, environmental remediation and removal of Hazardous Materials, arising from site conditions prior to the Commencement Date, including, but not limited to, strict liability)those liabilities arising under Environmental Laws shall be the sole responsibility of Landlord (except to the extent caused by the negligence or fault of Tenant, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employeesemployees or contractors (excluding Landlord, contractors, assigns, subtenants, guest Landlord’s Contractor or inviteesits or their subcontractors or agents when acting on behalf of Tenant in such capacity)). Tenant The provisions of this Article 12.2 shall not be responsible for any Hazardous Substances located on survive the Premises prior to the date Landlord delivers the Premises to Tenantexpiration or earlier termination of this Lease.

Hazardous Substances. Tenant Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises as a landfill or as a dump for garbage or refuse, and shall complynot permit any hazardous or toxic waste, at its sole cost substance, contaminant, asbestos, oil, radioactive or other material, the removal of which is required or the maintenance or storage of which is prohibited, regulated, or penalized by any local, state, or federal agency, authority, or governmental unit, to be brought onto the Premises or if so brought or found located thereon, shall cause the same to be immediately removed, unless the maintenance, handling, storage, use, treatment, and expense, disposal of same is in full compliance with all lawsapplicable federal, ordinances, orders, rules state and local laws and regulations pertaining thereto, and Lessee’s obligation to so remove shall survive the termination of this Lease. Lessee will not use or suffer the use (by Lessee or any other person or entity) of the Premises in any manner other than in full compliance with all state, applicable federal, municipal state and other local environmental laws and regulations. If Lessee receives any notice from a governmental agency of violation of any environmental laws and regulations, Lessee shall promptly deliver a copy of such notice to Lessor. In the event of any release of any hazardous or judicial agencies toxic substances, materials or bodies relating to the protection of public healthcontaminants at, safetyon, welfare in, under or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation affecting any portion of the Premises, Lessee shall promptly notify Lessor of such release. Tenant Lessee further covenants and agrees that no Hazardous Substances 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 of any kind or of any nature whatsoever (defined belowincluding, without limitation, attorneys’ and experts’ fees and disbursements) shall which may at any time be usedimposed upon, located, stored incurred by or processed on the Premises by Tenant asserted or awarded against Lessor or arising from or out of any of its agents, employees, contractors, assigns, subtenants, guest hazardous or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste materials or materialscontaminants from all or any portion of the Premises introduced by Lessee (or any person or entity claiming by, any pollutant through or contaminantunder Lessee), including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against : (i) the costs of removal of any and all lossessuch hazardous or toxic substances, liabilities materials or contaminants from all or any portion of the Premises; (includingii) additional costs required to take necessary precautions to protect against the release of such hazardous or toxic substances, but not limited tomaterials or contaminants on, strict liability)in, damagesunder or affecting the Premises into the air, injuriesany body of water, expenses any other public domain or any surrounding areas; and (includingiii) any costs incurred to comply, but not limited toin connection with all or any portion of the Premises with all applicable laws, court costsorders, litigation expensesjudgments and regulations with respect to such hazardous or toxic substances, reasonable attorneys’ fees and costs of settlement materials or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered contaminants introduced by, or asserted againston behalf of Lessee. This indemnity shall survive the expiration or earlier termination of this Lease. In addition, Landlord at the end of the term of this Lease or earlier termination hereof, Lessee, upon request by any personLessor, entity or governmental agency forshall cause, with respect toat Lessee’s expense, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from an environmental study to be conducted of the Premises by a person or firm approved by Lessor to ensure that no hazardous wastes, hazardous substances or other such materials have been stored, handled, treated or disposed of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to during the date Landlord delivers the Premises to Tenantterm of this Lease in violation of any applicable law.

Hazardous Substances. Tenant shall comply(i) Without limiting the generality of this Section 14, at its sole cost Buyer also acknowledges and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances matters released pursuant to subsection (defined below) shall be usedb), locatedabove, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and also include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossesClaims directly or indirectly arising from or in connection with any presence, liabilities (includingescape, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escapemigration, leakage, spillage, discharge, emission emission, release, threatened release, handling, transportation, treatment, use, generation, storage or release from the Premises disposal of any Hazardous Substances in, on, at, under, to, from, in the vicinity of, or affecting or related to the Property, regardless of when any such circumstance or event occurred or occurs, including the cost of any required or necessary remediation or removal of such Hazardous Substances, any costs of repair of improvements on the Property or surrounding properties necessitated by Tenant such remediation or removal and costs of any testing, sampling or other investigation or preparation of its agentsremediation or other required plans undertaken prior to such remediation or removal (individually and collectively, employees“Hazardous Substance Claims”). (ii) As used in this Agreement, contractorsthe term “Hazardous Substances” means any hazardous substances, assignshazardous wastes, subtenantshazardous materials, guest toxic materials, toxic wastes or invitees. Tenant shall not be responsible for toxic substances and other substances, identified in or regulated pursuant to the provisions of any “Hazardous Substances located Law” (as defined below) and shall also include manure and sewage (raw or treated), radon gas, methane, perchlorate, asbestos and asbestos containing materials, petroleum and its by-products and any other substance, waste or material which is a basis for liability of the owner of the property, on which such substance, waste or material is located, to any Governmental Agency or third party under applicable statute or common law theory. As used in this Agreement, the Premises prior term “Hazardous Substance Law” means any federal, state or local statutes, laws, ordinances, regulations, orders and similar requirements pertaining to health, safety and/or the date Landlord delivers environment or otherwise identified by its terms as pertaining to hazardous or toxic wastes, substances or materials, including, without limitation, the Premises to TenantComprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 40 Xxxxxx Xxxxxx Code sections 9601-9675), the Resource Conservation and Recovery Act (Title 40 Xxxxxx Xxxxxx Code sections 6901-6992k), the Cxxxxxxxx Pxxxxxx Xxxxxx Hazardous Substance Account Act (Health and Safety Code sections 25300-25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25).

Hazardous Substances. Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) Lessee and/or Sublessee shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency liable for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, dischargeemission, emission discharge or release from the Premises Property caused by its officers, employees or agents of any Hazardous Substances Substance (including any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any settlement or judgment or claims as awarded by Tenant the Court arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so-called federal, state, or local “Superfund” or “Superlien” laws, statutes, law, ordinance, code, rule, regulations, order or decree regulating, with respect to or imposing liability, including strict liability, in regard to any Hazardous Substances), arising out of negligent acts of Lessee or Sublessee. For purposes of this Lease “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulations, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, and hazardous, toxic or dangerous waste, substance or material as now or at any time hereunder in effect. If Lessee receives any notice of (i) the happening of any material event involving the spill, release, leak, seepage, discharge or cleanup of any Hazardous Substance on the Leased Property or in connection with Lessee’s operations thereon, or (ii) any complaint, order, citation or material notice with regard to air emissions, water discharges, or any other environmental, health or safety matter affecting Lessee (an “Environmental Complaint”), from any person or entity (including without limitation, the EPA), then Lessee shall immediately notify Lessor orally and in writing of its agentssaid notice. The breach of any warranty, employeesrepresentation, contractorsor agreement contained in this Section shall be an Event of Default hereunder and shall entitle Lessor to exercise any and all remedies provided in this Lease, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenantotherwise permitted by law.

Hazardous Substances. Tenant shall complynot cause or permit any hazardous or -------------------- toxic substances, materials or waste ("Hazardous Substances") to be used, generated, stored or disposed of in, on or under, or transported to or from the Leased Premises or the Building ("Hazardous Materials Activities") unless Tenant first obtains the written consent of Landlord. Both parties shall at its sole cost all times and expense, in all respects comply with all local, state, and federal laws, ordinances, orders, rules regulations and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies orders relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” . Each party shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend (by counsel acceptable to the other), protect, and hold harmless Landlord the other harmless, from and against any and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, liabilities costs (including, but not limited to, strict liability), damages, injuries, including clean-up) or expenses (includingincluding attorney's fees, but not limited to, court costs, litigation expenses, reasonable attorneys’ consultant's fees and costs expert's fees) for the death of settlement or judgment)injury to any person or damage to any property whatsoever, suits and claims of any and every kind whatsoever paidarising from or caused in whole or in part, incurred directly or suffered byindirectly, by indemnitors (a) causing or permitting the presence in, on, under, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, about the presence in Leased Premises or the escape, leakage, spillage, discharge, emission or release from the Premises Building of any Hazardous Substances; (b) causing or permitting any discharge or release in or from the Leased Premises or the Building of any Hazardous Substances; (c) use, storage, transportation, generation, disposal, release or discharge of Hazardous Substances by Tenant to, in, on, under, about or any of its agents, employees, contractors, assigns, subtenants, guest from the Leased Premises or invitees. Tenant shall not be responsible for the Building; and (d) failure to comply with any Hazardous Substances located on law. The obligations under this section shall survive the Premises prior to expiration or earlier termination of the date Landlord delivers the Premises to Tenantterm of this Lease.

Hazardous Substances. Tenant shall comply(a) Lessor warrants and represents, at to the best of its sole cost and expenseknowledge, that any use, storage, treatment or transportation of "Hazardous Substances" (as hereinafter defined) which has occurred in, on or about the land, building or premises prior to the date of this lease has been in compliance with all laws"Environmental Laws" (as hereinafter defined). Lessor additionally warrants and represents, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating that to the protection best of public healthits knowledge, safetyno release, welfare leak, discharge, spill, disposal or emmission of Hazardous Substances has occurred in, on or about the environment (collectivelyland, “Environmental Laws”) in building or premises, and that the useland, occupancy building and operation premises are free of Hazardous Substances as of the Premises. Tenant agrees that no date of this lease. (b) Lessor shall indemnify and hold harmless, the Lessee from any and all claims, damages, fines, judgements, penalties, costs, expenses or liabilities (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the term from or in connection with the presence or suspected presence of Hazardous Substances in, on or about the land, building or premises, except to the extent that the Hazardous Substances are present as a result of acts of Lessee, Lessee's agents, employees, contractors or invitees. (defined belowc) Lessee shall not cause or permit any Hazardous Substances to be used, locatedstored, stored generated or processed disposed of in, on or about the Premises land, building or premises by Tenant or any of Lessee, its agents, employees, contractors, assigns, subtenants, guest contractors or invitees, and no except for such Hazardous Substances will as are normally utilized in the environment of Lessee's intended use and are necessary to Lessee's business and have been approved, in writing, by Lessor. Any such Hazardous Substances permitted on the premises as hereinabove provided, and all containers therefore, shall be released used, kept, stored and disposed of in a manner that complies with all Environmental Laws. Lessee shall indemnify and hold harmless the Lessor from any and all claims, damages, fines, judgements, penalties, costs, expenses or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, liabilities (including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all lossessums paid for settlement of claims, liabilities (includingattorneys' fees, but not limited toconsultant and expert fees) arising during or after the term from or in connection with the use, strict liability)storage, damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, reasonable attorneys’ fees and costs generation or disposal of settlement or judgment), suits and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances in, on or about the land, building or premises by Tenant or any of its Lessee, Lessee's agents, employees, contractors, assigns, subtenants, guest contractors or invitees. Tenant Lessor hereby approves of Lessee's lawful generation, use, handling, storage, and/or disposal of medical or infectious medical waste. (d) Notwithstanding anything to the contrary stated hereinabove, the indemnifications contained in subparagraphs (b) and (c) above, shall not be responsible for include any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to Tenant.consequential damages (e.

Hazardous Substances. Tenant shall complycertifies, at its sole cost represents warrants, covenants and expense, agrees that: (a) Xxxxxx agrees to comply with all applicable local, state and federal environmental laws, ordinancesregulations, orders, rules ordinances and regulations of all state, federal, municipal administrative and other governmental or judicial agencies or bodies orders relating to the protection generation, recycling, treatment, use sale, storage, handling, transport and disposal of public health, safety, welfare any Hazardous (b) Tenant has not and will not release or waive the environment (collectively, “Environmental Laws”) in liability of any party who may be potentially responsible for the use, occupancy and operation presence or removal of the Premises. Tenant agrees that no Hazardous Substances on or from the Hangar. (defined belowc) Tenant shall be used, located, stored or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesfully and completely liable to Owner for, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend indemnify and hold Owner harmless Landlord from and against any and all actual or alleged claims, demands, damages, losses, liabilities liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Tenant or Owner which arise or are alleged to arise directly or indirectly from or out of, or are in any way connected with any operations or activities (including, but not limited towithout limitation, strict liability)use, damagesdisposal, injuriestransportation, storage, generation or sale of Hazardous Substances) in or around the Hangar during Tenant’s possession or control of the Hangar which directly or indirectly result in the Hangar or any Other Property (as defined below) becoming contaminated with Hazardous Substances or otherwise violating any applicable law, rule or regulation pertaining to Hazardous Substances, and the cleanup of Hazardous Substances from the Hangar or any Other Property. Tenant acknowledges that it will be solely responsible for all costs and expenses relating to investigation (includingincluding preliminary investigation) and cleanup of Hazardous Substances from the Hangar or from any Other Property. (d) As used in the Agreement, but not limited to“Hazardous Substances” means any chemical, court costsmaterial, litigation expenseswaste or similar matter defined, reasonable attorneys’ fees and costs of settlement classified, listed or judgment)designated as harmful, suits and claims of any and every kind whatsoever paidhazardous, incurred extremely hazardous, dangerous, toxic or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect toradioactive, or as a direct contaminant or indirect pollutant, or other similar term, by, and/or which are subject to regulation under, any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future, and as they may be amended from time to time, and shall include petroleum products and byproducts. As used in this Agreement, “Other Property” means any real or personal property (including, without limitation, surface or ground water) which becomes contaminated with Hazardous Substances as a result of operations or other activities on, or around the contamination of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located on the Premises prior to the date Landlord delivers the Premises to TenantHangar.

Hazardous Substances. Tenant shall complyAs used herein, at its sole cost “Hazardous Substance” means any substance which is toxic, ignitable, reactive or corrosive and expensewhich is regulated by any local government, with the State of Pennsylvania or the United States Government. Hazardous Substance includes any and all lawsmaterials or substances which are defined as “hazardous wastes”, ordinances, orders, rules and regulations of all or “extremely hazardous wastes” or “hazardous substance” pursuant to state, federalfederal or local governmental laws or regulations. “Hazardous Substance” includes, municipal but is not restricted to asbestos, polychlorinated biphenyls (PCBs) and other governmental petroleum. Lessee shall not cause or judicial agencies or bodies relating permit any Hazardous Substance to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, locatedstored, stored generated or processed on disposed of on, about, or in the Premises by Tenant or any of its Lessee, Lessee’s agents, employees, contractors, assigns, subtenants, guest contractors or invitees, without first obtaining Lessor’s written consent, which may be withheld, delayed, or conditioned at Lessor’s sole and no absolute discretion. If Hazardous Substances will be released are used, stored, generated or discharged from disposed of on or in the Premises. The term “Hazardous Substances” Premises or if the Premises become contaminated in any manner for which Lessee is legally liable, Lessee shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord the Lessor from and against any and all losses, liabilities (including, but not limited to, strict liability)claims, damages, injuriesfines, expenses (includingjudgments, but not limited topenalties, court costs, litigation expensesliabilities or losses (including without limitation, reasonable a decrease in value of the Premises or the Building or the Lot, damages, because of adverse impact on marketing of the Premises and any and all sums paid for settlement of claims, attorneys’ fees ’, consultant and expert fees) arising during or after the term hereof and arising as a result of such contamination by Lessee. The indemnification includes, without limitation, any and all costs of settlement or judgment)incurred, suits and claims because of any and every kind whatsoever paidinvestigation of the Lot or any clean-up, incurred removal or suffered byrestoration mandated by a federal, state or asserted againstlocal agency or political subdivision. In addition, Landlord by any person, entity if Lessee causes or governmental agency for, with respect to, or as a direct or indirect result of, permits the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant shall not be responsible for any Hazardous Substances located Substance on the Premises prior and this results in contamination, Lessee shall promptly, at its sole expense, take any and all necessary actions to the date Landlord delivers return the Premises to Tenantthe condition existing before the presence of any such Hazardous Substance on the Premises, HXXXXX MANAGEMENT COMPANY AMERICAN BANK NOTE HOLOGRAPHICS, INC. October 9, 2002/kat provided, however, that Lessee shall first obtain Lessor’s approval for any such remedial action. Within ten (10) days after receipt, Lessor and Lessee shall advise the other party in writing and provide the other party with copies of (as applicable), any notices alleging violation of any law or regulation relating to any Hazardous Substance upon any portion of the Premises, the Building or the Lot; any claims made or threatened in writing regarding non-compliance with any law or regulation involving the presence of any Hazardous Substance or any portion of the Premises, the Building or the Lot; or any governmental or regulatory actions or investigations instituted or threatened regarding non-compliance with any law or regulation involving any Hazardous Substance upon any portion of the Premises, the Building or the Lot. If Lessor has reasonable cause to believe that the Premises is in violation of any of the provisions of this Article 40, Lessor shall, upon prior notice to Lessee, have the right, but no obligation, at any time that is reasonable under the circumstances: (i) to enter upon the Premises, take samples, review Lessee’s books and records for any notices related to environmental violations, interview Lessee’s employees and officers; (ii) either, cause environmental site assessments in accordance with ASTM Standard E-1527-97 (as amended, from time to time, (the “ESA’s”) to be performed, or require Lessee to cause the ESA’s to be performed and provided to Lessor within a reasonable time; and (iii) conduct such other activities as Lessor, in its sole and absolute discretion, deems appropriate, ((i),(ii) and (iii) being referred to herein as the “Audit”). Lessee shall cooperate fully in the conduct of the Audit. Lessor shall not unreasonably disturb the normal operation of the Premises in the course of the Audit. Lessee shall, upon demand, pay, as Additional Rent all costs and expenses of Lessor connected with the Audit if it discloses the need for any remedial work. Where materials generated by Lessee are disposed of off of the Premises, Lessee agrees that Lessor is not the owner of the materials, and indemnifies and holds Lessor harmless for any costs incurred in defending and paying for any action where it is alleged that Lessor is the owner of the materials.

Hazardous Substances. Tenant shall complyTo the best knowledge of Lessor, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating to (a) no --------------------- Hazardous Substances are present on the protection of public health, safety, welfare Industrial Center or the environment soil, surface water or groundwater thereof, (collectivelyb) no underground storage tanks or asbestos containing building materials are present on the Industrial Center, “Environmental Laws”and (c) in no action, proceeding, or claim is pending or threatened involving the use, occupancy and operation of the Premises. Tenant agrees that no Industrial Center concerning any Hazardous Substances (defined below) or pursuant to any Applicable Laws or Requirements. Under no circumstance shall Lessee be used, located, stored liable for or processed on the Premises by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesindemnify Lessor from, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” Lessor shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord Lessee, its agents, contractors, stockholders, directors, successors, representatives, and assigns from and against, all losses, costs, claims, liabilities and damages (including attorneys' and consultants' fees) of every type and nature, directly or indirectly arising out of or in connection with any Hazardous Substance present at any time on or about the Industrial Center, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any Applicable Laws or Requirements, relating to any such Hazardous Substance, except to the extent that any of the foregoing actually results from the release or emission of Hazardous Substances on or about the Premises by Lessee or its agents or employees in violation of Applicable Laws or Requirements. Lessee shall be liable for and shall indemnify, defend and hold harmless Lessor, its agents, contractors, members, successors, representatives and assigns from and against any and all losses, liabilities (including, but not limited to, strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expensesclaims, reasonable liabilities and damages (including attorneys’ fees ' and costs consultants' fees) of settlement every type and nature, directly or judgment), suits and claims indirectly arising out of any and every kind whatsoever paid, incurred or suffered by, in connection with the release or asserted against, Landlord by any person, entity emission of Hazardous Substances on or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from about the Premises caused by Lessee or its agents or employees in violation of any Applicable Laws or Requirements. This Section 4 and Sections 6.2 and 6.3 of the Lease are the sole provisions of the Lease pertaining to Hazardous Substances by Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. Tenant and no other provisions shall not be responsible for any Hazardous Substances located on the Premises prior deemed to the date Landlord delivers the Premises to Tenantapply thereto.

Hazardous Substances. Tenant shall comply(a) Xxxxxx agrees that it will not, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental or judicial agencies or bodies relating will not permit any third party to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation generate, store, release, or dispose of the Premises. Tenant agrees that no any Hazardous Substances Material (as defined below) shall be usedin, locatedon, stored under, about, or processed on within the Premises by Tenant in violation of any law or regulation. Xxxxxx represents and agrees that Lessor will not, and will not permit any third party to use, generate, store, release, or dispose of any Hazardous Material in, on, under, about, or within the Site (including the soil, surface water, and groundwater thereunder) except in compliance with any applicable law or regulation. (b) Lessee shall defend, indemnify, protect, and hold harmless Lessor and its employees, partners, affiliates, agents, employees, contractors, assignsdirectors, subtenantssuccessors, guest or inviteesrepresentatives, and no Hazardous Substances will be released or discharged assigns from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any Environmental Laws or that would pose a health, safety or environmental hazard. Tenant hereby agrees to indemnify, defend and hold harmless Landlord from and against any and all losses, liabilities (including, but not limited to, strict liability)liabilities, damages, injuriespenalties, expenses fines, claims, and/or costs (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ and consultants’ fees and costs costs) of settlement every type and nature arising out of or judgment)in connection with the generation, suits and claims of any and every kind whatsoever paidstorage, incurred or suffered byrelease, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in or the escape, leakage, spillage, discharge, emission or release from the Premises disposal of any Hazardous Substances Materials by Tenant Lessee in, on under, about, or within the Premises in violation of any of laws or regulations, except to the extent caused by Lessor or its employees, partners, affiliates, agents, contractors, directors, successors, representatives, or assigns in violation of applicable law. (c) Lessee and its partners, affiliates, agents, and employees, contractors, assignsdirectors, subtenantssuccessors, guest representatives, or invitees. Tenant assigns shall not be responsible for any Hazardous Substances located store and handle all equipment and materials in a safe, careful, and workmanlike manner while on the Premises prior to Site. Lessee shall promptly remove from the date Landlord delivers Site and remediate in compliance with the Premises to Tenantlaw any discharge, leak emission, or release of Hazardous Materials from Lessee’s activities, improvements, or other Lessee equipment. All costs and expenses associated in any way with a discharge, leak, emission, or release of Hazardous Material from Lessee’s activities, other improvements, or other Lessee equipment shall be at the sole cost and expense of Lessee. (d) As used herein, the term “Hazardous Material” means:

Hazardous Substances. (a) Tenant hereby covenants that Tenant shall comply, at its sole cost and expense, with all laws, ordinances, orders, rules and regulations of all state, federal, municipal and other governmental not cause or judicial agencies or bodies relating to the protection of public health, safety, welfare or the environment (collectively, “Environmental Laws”) in the use, occupancy and operation of the Premises. Tenant agrees that no Hazardous Substances (defined below) shall be used, located, stored or processed on the Premises by Tenant or permit any of its agents, employees, contractors, assigns, subtenants, guest or invitees, and no Hazardous Substances will be released or discharged from the Premises. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances(as hereinafter defined) to be placed, waste held, located or materialsdisposed of in, any pollutant on or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents at the Premises or any other similar substances part thereof and neither the Premises nor any part thereof shall ever be used as a dump site or materials storage site (whether permanent or temporary) for any Hazardous Substances during the Lease Term, except that the foregoing shall not prohibit Tenant from utilizing in the ordinary course of Tenant’s business such Hazardous Substances that are now or hereafter included under or regulated by any both (i) in compliance with all Environmental Laws (as hereinafter defined) with permits issued pursuant thereto (if such permits are required), and (ii) of a character and quantity as is reasonably and customarily used in connection with general office use (such as reasonable quantities of copier toner or that would pose a health, safety or environmental hazard. office cleaning supplies). (b) Tenant hereby agrees to indemnify, defend indemnify Landlord and hold Landlord harmless Landlord from and against any and all losses, liabilities (includingliabilities, but not limited to, including strict liability), damages, injuries, expenses (including, but not limited to, court costs, litigation expenses, including reasonable attorneys’ fees and fees, costs of any settlement or judgment), suits judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in on or under, or the escape, seepage, leakage, spillage, discharge, emission emission, discharging or release from from, the Premises of any Hazardous Substances Substance (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any settlement or judgment or claims asserted or arising under any Environmental Laws, provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant’s violation of the covenant contained in Subsection 9.17(a) above. (c) For purposes of this Lease, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the list of hazardous substances now or hereafter adopted by Tenant the United States Environmental Protection Agency (the “EPA”) or the list of toxic pollutants designated by Congress or the EPA or which are now or hereafter defined as hazardous, toxic, pollutant, infectious or radioactive by any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of its agentsconduct concerning, employeesany hazardous, contractorstoxic or dangerous waste, assignssubstance or material, subtenantsas now or at any time hereafter in effect and specifically includes asbestos, guest or inviteespolychlorinated biphenyls (“PCBs”) and petroleum products. Tenant shall not be responsible for any Hazardous Substances located on The term “Environmental Laws” means federal, state and local laws and regulations, judgments, orders and permits governing safety and health and the Premises prior to protection of the date Landlord delivers environment, including without limitation the Premises to TenantComprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq., as amended (CERCLA), the Resource Conservation and Recovery Act, as amended 42 U.S.C. 6901 et seq., the Clean Water Act, 33 U.S.C. 1251 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., the Toxic Substance Control Act, 15 U.S.C. 2601 et seq., and the Safe Drinking Water Act, 42 U.S.C. 300f through 300j.