Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. The term “Hazardous Substance” shall be interpreted in the broadest sense to include any substances, materials, wastes, pollutants, or contaminants that, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may cause or threaten a present or potential hazard to human health or safety or the environment when improperly generated, used, stored handled, treated, discharged or disposed of. Tenant may store not more than a reasonable amount of aircraft lubricants and oil, provided that any such storage shall be limited to NFPA approved containers, or unopened original cans. Storage of gasoline, including automobile gasoline, is prohibited. Promptly upon written notice from Landlord or from any governmental entity with jurisdiction, Tenant shall not remove from the Hangar (either with including without limitation the soil or without negligence) cause or permit within or on the Premises the escapewater table thereof), disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesat its own cost and expense, materials or wastes (collectively, "all Hazardous Substances")Substances for which Tenant is liable. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry responsible for the generation, storage clean up and use remediation of all such Hazardous Substances. Without limitationIf it becomes necessary for the Landlord to remove, clean up or remediate any Hazardous Substances shall include those described in from the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionHangar, Tenant shall execute affidavitsbe responsible to reimburse Landlord all costs incurred in such removal, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances clean up or remediation as set forth in the PremisesSchedule of Rates and Charges. FurtherAny such clean up shall be in conformance with all applicable governmental rules and regulations. Any fine, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costspenalty, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or onclaim, or brought costs incurred by, or made or assessed against Landlord regarding violations of this Section shall be paid by Tenant promptly after Landlord incurs the obligation to pay such amounts or determines that an assessment is owed and so notifies Tenant, including but not limited to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseconsequential damages.

Hazardous Substances. (i) Tenant shall not not, except as provided in subparagraph (either with ii) below, bring or without negligence) otherwise cause to be brought or permit within any of its agents, employees, contractors or invitees to bring in, on or about any part of the Premises the escapePremises, disposal Building or release Project, any hazardous substance or hazardous waste in violation of any biologically- law, as such terms are or chemically-active or other hazardous or toxic substances, materials or wastes may be defined in (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in x) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedAct, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and as the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like same may from time to time at Landlord's request concerning Tenant's best knowledge be amended, and belief the regulations promulgated pursuant thereto (“CERCLA”); the United States Department of Transportation Hazardous Materials Table (49 CFR 172.102); by the Environmental Protection Agency as hazardous substances (40 CFR Part 302); the Clean Air Act; and the Clean Water Act, and all amendments, modifications or supplements thereto; and/or (y) any other rule, regulation, ordinance, statute or requirements of any governmental or administrative agency regarding the presence of Hazardous Substances environment (collectively, (x) and (y) shall be referred to as an “Applicable Environmental Law”). (ii) Tenant may bring to and use at the Premises hazardous substances incidental to its normal business operations under the NAI Code referenced in article l(m) above in the Premisesquantities reasonably required for Tenant’s normal business consistent with its occupancy pursuant to the Prior Leases and in accordance with Applicable Environmental Laws. FurtherTenant shall store and handle such substances in strict accordance with Applicable Environmental Laws. From time to time promptly following a request to Landlord based upon a reasonable need for such information, Tenant shall provide Landlord with documents identifying the hazardous substances stored or used by Tenant on the Premises and describing the chemical properties of such substances and such other information reasonably requested by Landlord or Tenant. Prior to the expiration or sooner termination of this Lease, Tenant shall remove all hazardous substances introduced by Tenant from the Premises and shall provide Landlord with an inspection report from an independent environmental engineer certifying that the Premises and the land surrounding the Premises are free of contamination from hazardous substances and hazardous wastes. The provisions of this paragraph shall be personal to Tenant and, in the event Tenant ceases to occupy the Premises, Landlord’s approval to store and use hazardous substances shall automatically terminate. (iii) Tenant shall defend, indemnify and save Landlord hold harmless Landlord, Brandywine Realty Services Corp. and Brandywine Realty Trust and their respective employees and agents from and against any and all cleanthird-up costs, remedial or restoration work, party claims, judgmentsactions, damages, penaltiesliability and expense (including all attorney’s, finesconsultant’s and expert’s fees, costs, expenses and liabilities incurred in defense of any such claim or losses, any action or proceeding brought thereon) arising from Tenant’s storage and use of hazardous substances on the Premises including, without limitation, attorneys', consultants' any and experts' fees, which arise during or after the Term as a result all costs incurred by Landlord because of any Hazardous Substances being generatedinvestigation of the Project or any cleanup, used removal or disposed restoration of in the Project to remove or onremediate hazardous or hazardous wastes deposited by Tenant. Without limitation of the foregoing, or brought toif Tenant, the Premises by Tenant or its officers, employees, agents, contractors contractors, licensees or inviteesinvitees cause contamination of the Premises by any hazardous substances, Tenant shall promptly at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to such contamination, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration alternative take such other remedial steps as may be required by law or earlier termination of this Leasereasonably recommended by Landlord’s environmental consultant.

Hazardous Substances. (i) Tenant shall not not, except as provided in subparagraph (either with ii) below, bring or without negligence) otherwise cause to be brought or permit within any of its agents, employees, contractors or invitees to bring in, on or about any part of the Premises the escapePremises, disposal Building or release Project, any hazardous substance or hazardous waste in violation of any biologically- law, as such terms are or chemically-active or other hazardous or toxic substances, materials or wastes may be defined in (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in x) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedAct, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and as the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like same may from time to time at Landlord's request concerning Tenant's best knowledge be amended, and belief the regulations promulgated pursuant thereto (“CERCLA”); the United States Department of Transportation Hazardous Materials Table (49 CFR 172.102); by the Environmental Protection Agency as hazardous substances (40 CFR Part 302); the Clean Air Act; and the Clean Water Act, and all amendments, modifications or supplements thereto; and/or (y) any other rule, regulation, ordinance, statute or requirements of any governmental or administrative agency regarding the presence of Hazardous Substances environment (collectively, (x) and (y) shall be referred to as an “Applicable Environmental Law”). (ii) Tenant may bring to and use at the Premises hazardous substances incidental to its normal business operations under the NAI Code referenced in article 1(m) above in the Premisesquantities reasonably required for Tenant’s normal business consistent with its occupancy pursuant to the Prior Leases and in accordance with Applicable Environmental Laws. FurtherTenant shall store and handle such substances in strict accordance with Applicable Environmental Laws. From time to time promptly following a request to Landlord, Tenant shall provide Landlord with documents identifying the hazardous substances stored or used by Tenant on the Premises and describing the chemical properties of such substances and such other information reasonably requested by Landlord or Tenant. Prior to the expiration or sooner termination of this Lease, Tenant shall remove all hazardous substances from the Premises and shall provide Landlord with an inspection report from an independent environmental engineer certifying that the Premises and the land surrounding the Premises are free of contamination from hazardous substances and hazardous wastes. The provisions of this paragraph shall be personal to Tenant and, in the event Tenant ceases to occupy the Premises, Landlord’s approval to store and use hazardous substances shall automatically terminate. (iii) Tenant shall defend, indemnify and save hold harmless Landlord harmless and their respective affiliates, employees and agents from and against any and all cleanthird-up costs, remedial or restoration work, party claims, judgmentsactions, damages, penaltiesliability and expense (including all attorney’s, finesconsultant’s and expert’s fees, costs, expenses and liabilities incurred in defense of any such claim or losses, any action or proceeding brought thereon) arising from Tenant’s storage and use of hazardous substances on the Premises including, without limitation, attorneys', consultants' any and experts' fees, which arise during or after the Term as a result all costs incurred by Landlord because of any Hazardous Substances being generatedinvestigation of the Project or any cleanup, used removal or disposed restoration of in the Project to remove or onremediate hazardous or hazardous wastes deposited by Xxxxxx. Without limitation of the foregoing, or brought toif Tenant, the Premises by Tenant or its officers, employees, agents, contractors contractors, licensees or inviteesinvitees cause contamination of the Premises by any hazardous substances, Tenant shall promptly at its sole expense, take any and all necessary actions to return the Premises to the condition existing prior to such contamination, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration alternative take such other remedial steps as may be required by law or earlier termination of this Leaserecommended by Landlord’s environmental consultant.

Hazardous Substances. Tenant Licensee represents and warrants that its use of the District’s Poles will not generate any Hazardous Substances, that it will not store or dispose on or about the District’s Poles or transport to the District’s Poles any Hazardous Substances and that Licensee’s Attachments will not constitute or contain and will not generate any Hazardous Substance in violation of federal, state or local law now or hereafter in effect including any amendments. “Hazardous Substance” shall not (either with be interpreted broadly to mean any substance or without negligence) cause material designated or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other defined as hazardous or toxic substanceswaste, materials hazardous or wastes (collectivelytoxic material, "hazardous or toxic or radioactive substance, dangerous radio frequency radiation, or other similar terms by any federal, state, or local laws, regulations or rules now or hereafter in effect including any amendments. Licensee further represents and warrants that in the event of breakage, leakage, incineration or other disaster, its Attachment(s) would not release any Hazardous Substances"). Tenant Licensee and its agents, contractors and subcontractors shall not allow defend, indemnify and hold harmless the generationDistrict and its respective officials, officers, board members, commissioners, representatives, employees, agents and contractors against any and all liability, costs, damages, fines, taxes, special charges by others, penalties, punitive damages, expenses (including reasonable attorney’s fees and all other costs and expenses of litigation) arising from or due to the release, threatened release, storage or use discovery of any Hazardous Substances within on, under or adjacent to the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any District’s facilities attributable to Licensee’s use of Hazardous Substances shall only the District’s facilities. Should the District’s Poles be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing declared to ascertain whether or not there has been any release of contain Hazardous Substances, then the reasonable costs thereof District, shall be reimbursed by Tenant to Landlord upon demand as Additional Rentresponsible for the disposal of its Poles. In additionProvided, Tenant shall execute affidavitshowever, representations and if the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the source or presence of the Hazardous Substance is solely attributable to particular parties, such costs shall be borne solely by those parties. Notwithstanding the above, the District agrees to defend, indemnify and hold harmless Licensee for any claims against Licensee related to Hazardous Substances in or Conditions to the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial extent caused or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after created by the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseDistrict.

Hazardous Substances. (a) Tenant shall not use, produce, store, release, dispose or handle in or about the Leased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes party to do such acts) any Hazardous Substance (collectively, "Hazardous Substances"as defined herein) except in compliance with all applicable Environmental Laws (as defined herein). Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Law. Tenant shall immediately notify Landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only that may be in the ordinary course violation of Tenant's business and in accordance with the highest standards prevailing in the industry any Environmental Law (regardless of whether Tenant is responsible for the generation, storage and use existence of such Hazardous SubstancesSubstance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the Leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance, or (iv) Tenant’s notification of the National Response Center of any release of a reportable quantity of a Hazardous Substance in or about the Leased Premises. Without “Environmental Law(s)” shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act; “Hazardous Substance” shall mean all substances, materials and wastes that are or become regulated, or classified as amendedhazardous or toxic, 42 U.S.C. Section 9601 et seq., under any applicable state or local laws and the regulations adopted under these actsEnvironmental Law. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of it is determined that any Hazardous Substances being generated, used or disposed Substance exists on the Leased Premises resulting from any act of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, or as then Tenant shall immediately take necessary action to cause the result removal of an abatementsuch substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, treatment or management required as if the result Hazardous Substance is of a nature that cannot be reasonably removed within ten (10) days, then Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any actsHazardous Substance must be removed within sixty (60) days after discovery thereof. Furthermore, negligencenotwithstanding the above, repairs or alterations made by Tenant if in the Premises. The within covenants shall survive good faith judgment of Landlord, the expiration existence of such Hazardous Substance creates an emergency or earlier termination is of this Leasea nature which may result in immediate physical danger to persons at the Building, Landlord may enter upon the Leased Premises and remove such Hazardous Substances and charge the cost thereof to Tenant as Additional Rent.

Hazardous Substances. (a) During the term of this Lease, Tenant shall not (either with suffer, allow, permit or without negligence) cause the generation, accumulation, storage, possession, release or permit within or on the Premises the escape, disposal or threat of release of any biologically- or chemically-active or other hazardous substance or toxic substancesmaterial, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules, and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Landlord directly or after indirectly arising due to the Term as a result breach of any Hazardous Substances being generated, used or disposed of Tenant's obligations set forth in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Section. The within covenants Such indemnification shall survive the expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the demised premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. (b) Landlord hereby represents and warrants that: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Shopping Center and has received no notice and has no knowledge of the presence in, on or under the Shopping Center of any such hazardous substances; (ii) to Landlord's knowledge there have never been any underground storage tanks at the Shopping Center, whether owned by the Landlord or its predecessors in interest; (iii) to Landlord's knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Shopping Center; (iv) to Landlord's knowledge it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Shopping Center; (v) to Landlord's knowledge there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Shopping Center; and (vi) to Landlord's knowledge there is no asbestos or asbestos-containing material in the demised premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Landlord. Landlord hereby indemnifies Tenant for any and all loss, cost, damage or expense to Tenant resulting from any misrepresentation or breach of the foregoing representations and warranties. (c) If any such hazardous substances are discovered at the Shopping Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the demised premises, and removal, encapsulation or other remediation is required by applicable laws, the Landlord immediately and with all due diligence and at no expense to the Tenant shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Shopping Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Landlord shall repair and restore the Shopping Center at its expense. From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the demised premises which, in the Tenant's reasonable judgment, cannot be safely, economically or practically used for the operation of the Tenant's business. Anything herein to the contrary notwithstanding, if in the Tenant's reasonable judgment, such removal, encapsulation, remediation and restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Landlord within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered and such condition materially adversely affects Tenant's ability to conduct normal business operations in the premises, then the Tenant may terminate this Lease by written notice to the Landlord within thirty (30) days after such 180 day period, which notice shall be effective on Landlord's receipt thereof. Landlord shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Tenant, of asbestos related activities in the demised premises and the Shopping Center including, but not limited to, selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

Hazardous Substances. Tenant 4.20.1 Neither Tenant, any of Tenant’s Agents nor any other person shall not (either with store, place, generate, manufacture, refine, handle, or without negligence) cause locate on, in, under or permit within around the Land or on Building any Hazardous Substance, except for storage, handling and use of reasonable quantities and types of cleaning fluids and office supplies in the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course and the prudent conduct of Tenant's ’s business and in accordance with the highest standards prevailing in the industry for Premises. Tenant agrees that (a) the generationstorage, storage handling and use of such Hazardous Substances. Without limitation, permitted Hazardous Substances shall include those described must at all times conform to all Governmental Requirements and to applicable fire, safety and insurance requirements; (b) the types and quantities of permitted Hazardous Substances which are stored in the Comprehensive Environmental Response, Compensation Premises must be reasonable and Liability Act appropriate to the nature and size of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within Tenant’s operation in the Premises and if Landlord reasonable and appropriate for a first-class building of the same or similar use and in the same market area as the Building; and (c) no Hazardous Substance shall be spilled or disposed of on, in, under or around the Land or Building or otherwise discharged from the Premises or any lender area adjacent to the Land or governmental agency requires testing Building. In no event will Tenant be permitted to ascertain whether store, handle or not there use on, in, under or around the Premises any Hazardous Substance which will increase the rate of fire or extended coverage insurance on the Land or Building, unless: (1) such Hazardous Substance and the expected rate increase have been specifically disclosed in writing to Landlord; (2) Tenant has been agreed in writing to pay any release of rate increase related to each such Hazardous SubstancesSubstance; and (3) Landlord has approved in writing each such Hazardous Substance, then the reasonable costs thereof which approval shall be reimbursed by Tenant subject to Landlord upon demand as Additional Rent. In addition, Landlord’s discretion. 4.20.2 Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at hold harmless Landlord and Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless ’s Agents from and against any and all Claims arising out of any breach of any provision of this paragraph 4.20, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costscosts and environmental consultants’ fees. Tenant agrees that Landlord may be irreparably harmed by Tenant’s breach of this paragraph 4.20 and that a specific performance action may appropriately be brought by Landlord; provided that, remedial Landlord’s election to bring or restoration worknot bring any such specific performance action shall in no way limit, claimswaive, judgmentsimpair or hinder Landlord’s other remedies against Tenant. 4.20.3 As of the execution date of this Lease, damagesTenant represents and warrants to Landlord that, penaltiesexcept as otherwise disclosed by Tenant to Landlord, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of Tenant has no intent to bring any Hazardous Substances being generatedon, used or disposed of in or on, or brought to, under the Premises by Tenant except for the type and quantities authorized in the subparagraph 4.20.1, above. 4.20.4 Landlord represents and warrants that, to the best of its actual knowledge, without any independent inquiry or its employeesinvestigation, agentsas of the Effective Date, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant there are no Hazardous Substances in the Premises, nor in the portions of the common areas of the Building that would impact Tenant’s use and occupancy of the Premises, which are in violation of applicable Governmental Requirements. The within Landlord covenants shall survive not to bring onto the expiration Land or earlier termination Building during the Lease Term any Hazardous Substances in violation of this Leaseany Governmental Requirements.

Hazardous Substances. Tenant shall not (either with or without negligence) cause engage in or permit within any activities on the Property, nor bring onto or create in the Property, any substances the possession or use of which requires a permit from any federal, state or local agency having jurisdiction over hazardous, toxic or infectious substances without Landlord's prior written consent. Notwithstanding the foregoing prior to the Commencement Date, Tenant shall provide Landlord with materials safety, data sheets ("MSDS's") for each hazardous or toxic substance to be used or stored on the Premises, together with the estimated maximum amounts of such substances to be stored on the Premises at any time and evidence that Tenant has obtained all necessary permits in connection with the escapestorage, use or disposal or release of any biologically- or chemically-active or other hazardous or toxic such substances, materials or wastes (collectively, "Hazardous Substances"). Landlord shall have the right to approve the matters covered by each such MSDA and to review and approve such permits. Tenant shall not allow store any such materials at the generation, storage or Premises until all necessary permits have been approved by Landlord. In the event Landlord consents to the use of any Hazardous Substances within substance shown on any such MDS, Tenant covenants and agrees that it shall not, at any time during the term hereof, store such substances at the Premises in any manner other than normal quantities amount in excess of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and amount approved in advance in writing by Landlord. Any use of Hazardous Substances Tenant shall only be not engage in or permit any activity on the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationProperty that violates any federal, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws laws, rules or regulations pertaining to hazardous, toxic or infectious substances, and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancesshall promptly, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding expense, take all investigatory and/or remedial action required or ordered for clean up of any contamination of the presence of Hazardous Substances in Property or the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losseselements surrounding same, including, without limitation, attorneys'remedial action recommended by any consultant retained by Landlord to review the operations of Tenant. Tenant shall indemnify, consultants' defend and experts' feeshold Landlord, which arise during or after the Term as a result its agents and employees harmless from all liabilities, judgments, costs, claims, expenses, penalties and attorney's fees arising out of any Hazardous Substances being generatedbreach of Tenant of its obligations under Section 5.03, used or disposed of in or onand Paragraphs 16(A) and 16(B), or brought including, but not limited to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result costs associated with remediation and/or abatement of any acts, negligence, repairs contamination therein involved or alterations made by Tenant in arising out of the Premises. The within covenants shall survive the expiration or earlier termination actions of this LeaseTenant.

Hazardous Substances. Tenant shall not Indemnification. ------------------------------------- (either with or without negligencea) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or Except for general offices supplies typically used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be an office area in the ordinary course of Tenant's business business, such as copier toner, liquid paper, glue, ink, and in accordance with the highest standards prevailing cleaning solvents, for use in the industry manner for which they were designed, in such amounts as may be normal for the generationoffice business operations conducted by Lessee in the Premises, storage neither Lessee nor its agents, employees, contractors, licensees, sublesses, assignees, concessionaires or invitees shall use, handle, store or dispose of any Hazardous Substances in, on, under or about the Premises or the Project. Except for Hazardous Substances customarily used in connection with general office uses. Lessee shall not cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Building or the Premises by Lessee. Lessee's agents, employees, contractors, or invitees without first obtaining Lessor's written consent. If any Hazardous Substances are used, stored, generated, or disposed of on or in the Premises including those customarily used in connection with general office uses, or if the Premises become affected by any release or discharge of a Hazardous Substance. Lessee shall, if caused by a violation of the above, indemnify, defend and hold harmless the Lessor from and against any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses (including, without limitation, a decrease in value of the Premises, damages caused by loss or restriction of rentable or usable space, or any damages caused by a diverse impact on marketing of the space, and any and all sums paid for settlement of claims, attorneys' fees, consultant, and expert fees) arising during or after the term of this Lease and arising as a result of such contamination, release or discharge. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any clean-up, remediation, removal, or restoration mandated by federal, state or local agency or political subdivision. Without limitation of the foregoing, if Lessee causes or permits the presence of any Hazardous Substance on the Premises and the same results in any contamination, release or discharge. Lessee shall promptly, at its sole expense, take any and all necessary actions to return the Premises to the conditions existing prior to the presence of any such Hazardous Substance on the Premises. Lessee shall first obtain Lessor's approval for any such remedial action. Furthermore, Lessee shall immediately notify Lessor of any inquiry, test, investigation or enforcement proceeding by or against Lessee or the Property concerning the presence of any Hazardous Substance. Lessee acknowledges that Lessor, at Lessor's election, shall have the sole right, at Lessee's expense, to negotiate, defend, approve and appeal any action taken or order issued by any governmental authority with regard to any Hazardous Substance contamination which Lessee is obligated hereunder to remediate. (b) Lessor represents and warrants that Lessor has nor knowingly used or permitted the use of such any portion of Lessee's Premises, the Project or Garage to be used in violation of any governmental law ordinances, regulations or orders relating to environmental conditions including but not limited to asbestos, soil and ground water conditions and Hazardous SubstancesMaterials. (c) As used herein. Without limitation"Hazardous Substance" means asbestos, Hazardous Substances shall include those described in any petroleum fuel, polychorobiphenyls ("PCBs") and any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United States government, including, but not limited to, any material or substance defined as a "hazardous waste", "extremely" hazardous waste", "restricted hazardous waste", "hazardous substances", "hazardous material" or "toxic pollutant" under the California Health and Safety Code and/or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980Act. 42. U.S.C. section T9901, as amended, 42 U.S.C. Section 9601 et et. seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall not (either cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors, or invitees, other than customary cleaning solvents, without first obtaining Landlord's written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Premises whether with or without negligence) cause Landlord's consent or permit within or on if the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises become contan1inated in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If which Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtheris legally liable, Tenant shall indemnify and save hold harmless the Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, fines judgments, penalties, fines, costs, liabilities or losses, losses (including, without limitation, attorneys'a decrease in value of the Premises or Building, consultants' damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and experts' any and all sums paid for settlement of claims, attorney's fees, which arise consultant and expert fees) arising during or after the Lease Term and arising as a result of such use, storage, generating, disposal, or contamination by Tenant. 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 any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises by and such results in contamination, Tenant or shall promptly, at its employeessole expense, agents, contractors or invitees, or as take any and all necessary actions to return the result of an abatement, treatment or management required as Premises to the result condition existing prior to the presence of any acts, negligence, repairs or alterations made by Tenant in such Hazardous Substance on the Premises. The within covenants Tenant shall survive first obtain Landlord's approval for any such remedial action. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the expiration State of South Carolina, or earlier termination of this Leasethe United States government. "Hazardous Substance" 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 law. "Hazardous Substance" includes but is not restricted to asbestos, polychlorobiphenyls ("PCB's") and petroleum.

Hazardous Substances. Tenant shall not Except as disclosed to and acknowledged by Lender in writing, Borrower represents and warrants that: (either with 1) During the period of Borrower's ownership of Borrower's Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or without negligence) cause or permit within or on the Premises the escape, disposal or threatened release of any biologically- Hazardous Substance by any person on, under, about or chemically-active from any of the Collateral. (2) Borrower has no knowledge of, or other hazardous reason to believe that there has been (a) any breach or toxic substancesviolation of any Environmental Laws; (b) any use, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage manufacture, storage, treatment, disposal, release or use threatened release of any Hazardous Substances within Substance on, under, about or from the Premises 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 use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and any such activity shall be conducted in any manner other than normal quantities compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation all 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 cleaning solvents controlled and stored in accordance the Collateral with this section of the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by LandlordAgreement. Any use 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 Hazardous Substances shall only be Lender to Borrower or to any other person. The representations and warranties contained herein are based on Borrower's due diligence in investigating the ordinary course of Tenant's business Collateral for hazardous waste and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described Borrower hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the Comprehensive Environmental Responseevent Borrower becomes liable for cleanup or other costs under any such laws, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing (2) agrees to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold harmless from and Lender against any and all clean-up costs, remedial or restoration work, claims, judgmentslosses, liabilities, damages, penalties, fines, costs, liabilities and expenses which Lender may directly or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during indirectly sustain or after suffer resulting from a breach of this section of the Term Agreement or as a result consequence of any Hazardous Substances being generateduse, used generation, manufacture, storage, disposal, release or disposed threatened release of in a hazardous waste or on, or brought to, substance on the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesCollateral. The within covenants provisions of this section of the Agreement, including the obligation to indemnify, shall survive the payment of the Indebtedness and the termination, expiration or earlier termination satisfaction of this LeaseAgreement and shall not be affected by Lender's acquisition of any interest in any of the Collateral, whether by foreclosure or otherwise.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be spilled, leaked, disposed of, discharged or otherwise released on or under the Property. Tenant may use or otherwise handle on the Premises Property only those Hazardous Substances typically used or sold in the escapeprudent and safe operation of the business specified in Section 3.1; provided, disposal however, if the Tenant uses or release handles Hazardous Substances on the Property in the operation of any biologically- the business specified in Section 3.1, Tenant shall assume full and complete responsibility therefore and all liability and expense relating thereto or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "arising therefrom. Tenant may store such Hazardous Substances")Substances on the Property only in quantities necessary to satisfy Tenant’s reasonably anticipated needs. Tenant shall not allow comply with all Environmental Laws and exercise the generationhighest degree of care in the use, handling, and storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances and shall only be in take all practicable measures to minimize the ordinary course quantity and toxicity of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in used, handled, or stored on the Comprehensive Environmental ResponseProperty. Upon the expiration or termination of this Lease, Compensation and Liability Act of 1980Tenant shall, as amendedat Tenant’s sole expense, 42 U.S.C. Section 9601 et seq., any applicable state remove all Hazardous Substances brought or local laws and permitted by Tenant from the regulations adopted under these actsProperty. If Tenant uses Hazardous Substances within breaches the Premises and obligations stated in this Section 3.3, or if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Materials on the Property caused or permitted by Tenant results in contamination of the Premises. FurtherProperty, then Tenant shall indemnify indemnify, defend and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losseslosses (including without limitation diminution in value of the Property, includingdamages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Property, without limitationand sums paid in settlement of claims, attorneys', consultants' and experts' ’ fees, consultant fees and expert fees) which arise during or after the Term lease term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.a

Hazardous Substances. Tenant Lessee shall not (either with or without negligence) cause or permit within any Hazardous Substance to be received, spilled, leaked, disposed of, or otherwise released on or under the premises. Lessee may use or otherwise handle on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any premises only those Hazardous Substances within typically used or sold in the Premises prudent and safe operation of the facility specified in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless Section 4. Lessee may store such Hazardous Substances are generatedon the premises only in quantities necessary to satisfy Xxxxxx's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and exercise the highest degree of care in the use, stored or used in accordance with the Legal Requirements handling, and approved in advance in writing by Landlord. Any use storage of Hazardous Substances and shall only be in take all practicable measures to minimize the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence quantity of Hazardous Substances in used, handled, or stored on the Premisespremises. FurtherUpon the expiration or termination of this Lease, Tenant Lessee shall remove all Hazardous Substances from the premises, clean up any and all Hazardous Substances caused by the Lessee, and Xxxxxx agrees to and shall indemnify and save Landlord hold Lessor harmless from and against any and all clean-up costsclaims and demands arising from the negligence of the Lessee, remedial Xxxxxx's officers, agents, invitees, and/or employees, as well as those arising from Lessee's failure to comply with any covenant of this Lease on Xxxxxx's part to be performed, and shall at Xxxxxx's own expense defend the Lessor against any and all suits or restoration workactions arising out of such negligence, claimsactual or alleged, judgmentsand all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against Lessor in any such suit or action. The term Environmental Law shall mean any Federal, damagesState, penaltiesor local statute, finesregulation, costsor ordinance or any judicial or other governmental order pertaining to the protection of health, liabilities safety, or lossesthe environment. The term Hazardous Substance shall mean any hazardous, includingtoxic, infectious, or radioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, attorneys', consultants' petroleum oil and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasefractions.

Hazardous Substances. (a) During the term of this Lease, Tenant shall not (either with suffer, allow, permit or without negligence) cause the generation, accumulation, storage, possession, release or permit within or on the Premises the escape, disposal or threat of release of any biologically- or chemically-active or other hazardous substance or toxic substancesmaterial, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules, and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Landlord directly or after indirectly arising due to the Term as a result breach of any Hazardous Substances being generated, used or disposed of Tenant's obligations set forth in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Section. The within covenants Such indemnification shall survive the expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the demised premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. (b) Landlord hereby represents and warrants that: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Shopping Center and has received no notice and has no knowledge of the presence in, on or under the Shopping Center of any such hazardous substances; (ii) to Landlord's knowledge there have never been any underground storage tanks at the Shopping Center, whether owned by the Landlord or its predecessors in interest; (iii) to Landlord's knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Shopping Center; (iv) to Landlord's knowledge it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Shopping Center; (v) to Landlord's knowledge there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Shopping Center; and (vi) to Landlord's knowledge there is no asbestos or asbestos-containing material in the demised premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Landlord. Landlord hereby indemnifies Tenant for any and all loss, cost, damage or expense to Tenant resulting from any misrepresentation or breach of the foregoing representations and warranties. (c) If any such hazardous substances are discovered at the Shopping Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the demised premises, and removal, encapsulation or other remediation is required by applicable laws, the Landlord immediately and with all due diligence and at no expense to the Tenant shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Shopping Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Landlord shall repair and restore the Shopping Center at its expense. From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the demised premises which, in the Tenant's reasonable judgement, cannot be safely, economically or practically used for the operation of the Tenant's business. Anything herein to the contrary notwithstanding, if in the Tenant's reasonable judgement, such removal, encapsulation, remediation and restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Landlord within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered and such condition materially adversely affects Tenant's ability to conduct normal business operations in the premises, then the Tenant may terminate this Lease by written notice to the Landlord within thirty (30) days after such 180 day period, which notice shall be effective on Landlord's receipt thereof. Landlord shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Tenant, of asbestos related activities in the demised premises and the Shopping Center including, but not limited to, selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

Hazardous Substances. Tenant and its Affiliated Parties shall not (either with manufacture, generate, treat, transport, dispose of, release, discharge, or without negligence) cause store on, under or permit within or on about the Premises or the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes Project (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be except as reasonably required in the ordinary course of Tenant's ’s business and in accordance with the highest standards prevailing operations in the industry Premises or for routine maintenance thereof, to the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described extent used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.compliance with applicable laws), any applicable state asbestos, petroleum or petroleum products, explosives, toxic materials, or substances defined as hazardous wastes, hazardous materials, or hazardous substances under any federal, state, or local laws and the regulations adopted under these actslaw or regulation (“Hazardous Materials”). If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations hold harmless and the like from time to time at defend (with counsel reasonably approved by Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save ) Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, finesliabilities, and costs (including reasonable attorneys fees and expenses and court costs, liabilities ) caused by or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during arising out of (i) a violation of the foregoing prohibition by Tenant or after (ii) the Term as a result presence of any Hazardous Substances being generated, used or disposed of in or Materials on, under, or brought to, about the Premises or the Project during the term of the Lease to the extent caused by or arising out of the actions or omissions of Tenant or its employeesAffiliated Parties. Tenant shall clean up, agentsremove, contractors remediate and repair any soil or inviteesground water contamination and damage caused by the presence or release of any Hazardous Materials in, on, under or about the Premises or the Project during the term of the Lease to the extent caused by or arising, out of the actions or omissions of Tenant or its Affiliated Parties, as required by applicable law and subject to Landlord’s prior reasonable approval of the scope of Tenant’s work. Tenant shall immediately give Landlord written notice (i) upon learning of the presence or release of any Hazardous Materials on or about the Premises or the Project by Tenant, (ii) upon receiving any notices from governmental agencies pertaining to Hazardous Materials which may affect the Premises or the Project, or as (iii) upon receipt of notice of pending or threatened claims against Tenant or the result Project due to the presence or release of an abatement, treatment Hazardous Materials on or management required as about the result of any acts, negligence, repairs Premises or alterations made by Tenant in the PremisesProject. The within covenants obligations of both parties hereunder shall survive the expiration or earlier termination of this Lease and the monetary obligations of Tenant shall be deemed additional Rent payable to and recoverable by Landlord hereunder. At Landlord’s option, any penalties, damages or costs of compliance arising from the presence or release of Hazardous Materials not caused by the acts or omissions of Landlord or its employees, agents or contractors or any other tenant of the Project, may be included within the definition of Operating Expenses and recoverable by Landlord pursuant to Section 7 above, not to exceed $1,000 per year. Landlord shall indemnify, hold harmless and defend (with counsel reasonably approved by Tenant) Tenant from and against any claims, damages, penalties, liabilities, and costs (including reasonable attorneys fees and expenses and court costs) caused by or arising out of the presence or release of Hazardous Materials on or about the Premises or the Project at any time prior to execution of this Lease, or at any time after execution, to the extent arising from the actions or omissions of Landlord, its Affiliated Parties, or any prior owner of the Premises or the Project.

Hazardous Substances. Tenant Except for those Hazardous Substances reasonably related to Subtenant's permitted business operations in the Premises, Subtenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, produced, stored, used, discharged or on disposed of in or near the Premises Building or the escapePremises. Any and all such Hazardous Substances shall be produced, disposal or release stored, used, discharged and disposed of any biologically- or chemically-active or other hazardous or toxic substancesin full compliance with all applicable laws, materials or wastes (collectivelyrules, regulations, and requirements of governmental authorities having jurisdiction. "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall " include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law relating to human health or the environment, and the regulations adopted under these actslaws. If Tenant uses Subtenant hereby agrees that it will be fully liable for all costs and expenses related to its production, use, storage, discharge or disposal of Hazardous Substances within on or about the Premises or the Building, including any cleanup costs, fines or penalties. Subtenant shall give Sublandlord immediate notice of any violation of the requirements of this Section 34, as well as copies of any notices of violation received by Subtenant from any third party. At the request of Sublandlord, Subtenant shall provide Sublandlord with the names and if Landlord approximate amounts of the Hazardous Substances that Subtenant has used and stored on or any lender about the Premises, as well as copies of governmental reports prepared by or governmental agency requires testing to ascertain whether or not there has been any release on behalf of Subtenant in connection with such Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand Substances and other information as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like Sublandlord may reasonably request from time to time at Landlordregarding Subtenant's request concerning Tenant's best knowledge use and belief regarding the presence storage of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseSubstances.

Hazardous Substances. 5.11.1 Landlord shall make such disclosures to Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances located on, in, under or around the Land or the Building as are required by applicable Governmental Requirements. A notice letter to Tenant regarding the presence of any known asbestos-containing construction materials is attached as Rider 4. 5.11.2 Neither Tenant, any of Tenant’s Agents nor any other person shall only be store, place, generate, manufacture, refine, handle, or locate on, in, under or around the Land or Building any Hazardous Substance, except for storage, handling and use of reasonable quantities and types of cleaning fluids and office supplies in the Premises in the ordinary course and the prudent conduct of Tenant's ’s business and in accordance with the highest standards prevailing in the industry for Premises. Tenant agrees that (a) the generationstorage, storage handling and use of such Hazardous Substances. Without limitation, permitted Hazardous Substances shall include those described must at all times conform to all Governmental Requirements and to applicable fire, safety and insurance requirements; (b) the types and quantities of permitted Hazardous Substances which are stored in the Comprehensive Environmental Response, Compensation Premises must be reasonable and Liability Act appropriate to the nature and size of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within Tenant’s operation in the Premises and if Landlord reasonable and appropriate for a first-class building of the same or similar use and in the same market area as the Building; and (c) no Hazardous Substance shall be spilled or disposed of on, in, under or around the Land or Building or otherwise discharged from the Premises or any lender area adjacent to the Land or governmental agency requires testing Building. In no event will Tenant be permitted to ascertain whether store, handle or not there use on, in, under or around the Premises any Hazardous Substance which will increase the rate of fire or extended coverage insurance on the Land or Building, unless: (1) such Hazardous Substance and the expected rate increase have been specifically disclosed in writing to Landlord; (2) Tenant has been agreed in writing to pay any release of rate increase related to each such Hazardous SubstancesSubstance; and (3) Landlord has approved in writing each such Hazardous Substance, then the reasonable costs thereof which approval shall be reimbursed by Tenant subject to Landlord upon demand as Additional Rent. In addition, Landlord’s discretion. 5.11.3 Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at hold harmless Landlord and Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless ’s Agents from and against any and all Claims arising out of any breach of any provision of this paragraph, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costscosts and environmental consultants’ fees. Tenant agrees that Landlord may be irreparably harmed by Tenant’s breach of this paragraph and that a specific performance action may appropriately be brought by Landlord; provided that, remedial Landlord’s election to bring or restoration worknot bring any such specific performance action shall in no way limit, claimswaive, judgmentsimpair or hinder Landlord’s other remedies against Tenant. 5.11.4 As of the execution date of this Lease, damagesTenant represents and warrants to Landlord that, penaltiesexcept as otherwise disclosed by Tenant to Landlord, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of Tenant has no intent to bring any Hazardous Substances being generatedon, used or disposed of in or on, or brought to, under the Premises except for the type and quantities authorized in subsection 5.11.2 above. In addition, as of the Delivery Date, Landlord represents and warrants to Tenant that, except as otherwise disclosed by Tenant Landlord to Tenant, to Landlord’s actual knowledge, there are not Hazardous Substances in the Premises or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result Building which are in violation of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseapplicable Governmental Requirements.

Hazardous Substances. Landlord certifies to Tenant shall not that, to Landlord’s current actual knowledge, there are no Hazardous Substances located at the Project, except as disclosed in that certain environmental report dated July 18, 1997 prepared by Mission GeoSciences, Inc. (either with a copy of which has heretofore been delivered to Tenant) or without negligence) Hazardous Substances customarily used in the operation of comparable office buildings (e.g., janitorial supplies). Landlord will remove or cause or permit within or to be removed any Hazardous Substances which are found on the Premises Premises, the escape, disposal Project or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")the Land. Tenant shall not allow be responsible for the generationcost of such removal unless Tenant caused such Hazardous Substances to be present on the Premises, the Project or the Land, as the case may be. Landlord will indemnify and hold Tenant harmless from and against any damages or expenses incurred by Tenant as a result of the presence of such Hazardous Substances not caused by Tenant. Landlord shall take all measures, consistent with those taken by the owners of other office buildings similar and within proximity to the Project, to prohibit other tenants from disposing of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substances to be brought upon, produced, stored, used, discharged or disposed of in or near the Project unless Landlord has consented to such storage or use of in its sole discretion. Tenant has no responsibility for any Hazardous Substances within brought upon, produced, stored, used, discharged or disposed of in or near the Premises in any manner other than normal quantities of cleaning solvents controlled Project, except by Tenant or its employees, agents and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordaffiliates. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such “Hazardous Substances. Without limitation, Hazardous Substances shall ” include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law, and the regulations adopted under these actslaws. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of for Hazardous Substances in the Premises. FurtherPremises or if any lender shall do so based upon verifiable evidence of Hazardous Substance contamination caused by Tenant, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasepay for such testing.

Hazardous Substances. (a) Tenant covenants and agrees that it shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within (the Premises in any manner other than normal quantities “Hazardous Substances” as hereinafter defined) to be installed, placed, stored, held, located, released or disposed of cleaning solvents controlled and stored in accordance with in, on, at, or under the Legal RequirementsLeased Premises, unless such Hazardous Substances are generatedthe Property, stored or used in accordance with the Legal Requirements and approved in advance in writing by Park without Landlord. Any use of Hazardous Substances shall only ’s prior written consent, which consent may be in the ordinary course of Tenant's business unreasonably, and in accordance with the highest standards prevailing in the industry Landlord’s sole discretion, withheld. Tenant further covenants and agrees to indemnify Landlord for the generationany loss, storage and use of such Hazardous Substances. Without limitationcost, Hazardous Substances shall include those described in the Comprehensive Environmental Responsedamage, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state liability or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, expense (including without limitation, attorneys', consultants' ’ fees and experts' fees, which arise during or after other costs of legal representation) that Landlord might ever incur because of Tenant’s failure to comply with the Term as a result provisions of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesimmediately preceding sentence. The within covenants shall This indemnification is to survive the expiration or earlier other termination of this Lease. (b) Landlord warrants and represents that any use, storage, treatment, or transportation of Hazardous Substances which has occurred in or on the Premises before the Commencement Date will have been in compliance with all applicable federal, state and local laws, regulations, and ordinances. Landlord additionally warrants and represents that, to its knowledge, no release, leak, discharge, spill, disposal, or emission of Hazardous Substances has occurred in, on, or under the Premises and that the Premises will be free of Hazardous Substances as of the Commencement Date. Landlord further covenants and agrees to indemnify Tenant for any loss, cost, damage, liability or expense (including without limitation, attorneys’ fees and other costs of legal representation) that Tenant might ever incur because of Landlord’s failure to comply with the provisions of the immediately preceding sentence. This indemnification is to survive the expiration or other termination of this Lease. (c) For the purposes of this Paragraph 22, Hazardous Substances shall mean and include all those substances, elements, materials or compounds that are included in any list of hazardous or restricted substances adopted by the United States Environmental Protection Agency (the “EPA”) or any other substance, element, material or compound defined or restricted as a hazardous, toxic, radioactive or dangerous substance, material or waste by the EPA or by any other ordinance, statute, law, code, or regulation of any federal, state or local governmental entity or any agency, department or other subdivision thereof, whether now or later enacted, issued, or promulgated.

Hazardous Substances. Tenant No Hazardous Substances (as hereafter defined) shall not (either with be used, generated, stored, treated, released, disposed or without negligence) cause or permit within otherwise managed by or on behalf of Tenant or any invitee at the Leased Premises or the escape, disposal or release Building with the exception of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "minor amounts of Hazardous Substances")Substances customarily and lawfully used in conjunction with the Permitted Use. Tenant shall not allow the generation, storage or use immediately notify Landlord upon discovery of any Hazardous Substances within Substance release affecting the Leased Premises in any manner other than normal quantities and, at its sole expense and at Landlord’s option, remediate to Landlord’s satisfaction or reimburse Landlord’s costs of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored investigation or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use remediation of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous SubstancesSubstances arising from any act or omission of Tenant, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteesinvitees within five (5) days of demand therefor. Tenant shall cooperate with Landlord and provide access to the Leased Premises from time to time for inspections and assessments of environmental conditions and shall remove all Hazardous Substances from the Leased Premises introduced by or on behalf of Tenant upon expiration or termination of the Lease. Tenant agrees to indemnify, defend and hold Landlord and Landlord’s Indemnitees harmless from and against all liabilities, obligations, damages, judgments, penalties, claims, costs, charges and expenses, including reasonable architects’ and attorneys’ fees, which may be imposed upon, incurred by or asserted against Landlord or Landlord’s Indemnitees by a third party and arising, directly or indirectly, out of or in connection with the presence of Hazardous Substances at or affecting the Building due to any act of Tenant, its agents, servants, employees or contractors. As used herein, “Hazardous Substances” shall mean (i) hazardous or toxic substances, wastes, materials, pollutants and contaminants which are included in or regulated by any federal, state or local law, regulation, rule or ordinance, including CERCLA, Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, and the Toxic Substances Control Act, as any of the result of an abatementforegoing may be amended from time to time, treatment (ii) petroleum products, (iii) halogenated and non-halogenated solvents, and (iv) all other regulated chemicals, materials and solutions which, alone or management required as in combination with other substances, are potentially harmful to the result environment, public health or safety or natural resources. Notwithstanding anything to the contrary, Tenant shall not be responsible for any costs, abatement or remediation of any acts, negligence, repairs or alterations made by Tenant Hazardous Substances which may exist in the Premises. The within covenants shall survive Leased Premises prior to the expiration Lease Commencement Date unless brought onto the Leased Premises by or earlier termination on behalf of this LeaseTenant, including during its occupancy under the Sublease.

Hazardous Substances. Tenant represents and warrants to Landlord that the activities Tenant will conduct on the Premises pose no hazard to human health or the environment, nor do they violate any applicable federal, state or local laws, ordinances, rules or regulations pertaining to Hazardous Materials (to be hereinafter defined) or industrial hygiene or environmental conditions ("Environmental Laws"). Tenant shall not (either with or without negligence) cause or permit within or on the Premises to be used for the escapegeneration, handling, storage, transportation, disposal or release of any biologically- Hazardous Materials except as exempted or chemically-active permitted under applicable Environmental Laws; and Tenant shall not cause or other hazardous permit the Premises or toxic substances, materials or wastes (collectively, "Hazardous Substances")any activities conducted thereon to be in violation of any applicable Environmental Laws. Tenant shall not allow acquire and maintain all permits, approvals, licenses and the like required by Environmental Laws for Tenant's activities on the Premises; and Tenant shall keep those permits, approvals, licenses and the like current, and shall comply with all regulations, rules and restrictions relating thereto. Tenant agrees to indemnify Landlord and hold the Landlord harmless from all claims, losses, damages, liabilities, fines, penalties and charges and all costs and expense incurred in connection therewith (including attorneys' fees and litigation expenses), directly or indirectly resulting in whole or in part from Tenant's violation of any Environmental Laws applicable to the Premises or to any activity conducted thereon, or from any use, generation, storage handling, storage, transportation, disposal or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous SubstancesMaterials at or in connection with the Premises, then or any clean up or other remedial measures required with respect to the reasonable costs thereof Premises under any Environmental Laws. Tenant shall be reimbursed by Tenant to reimburse Landlord immediately upon demand as Additional Rentfor all sums paid and costs incurred by Landlord with respect to the foregoing matters. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants This indemnity shall survive the full performance and expiration or earlier termination of this Lease and shall inure to the benefit of any transferee of title to the Land. For purposes of this Lease., the term "

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous SubstancesHAZARDOUS SUBSTANCES"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqET SEQ., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. 31.1 Tenant shall not not, without first obtaining Landlord's prior written approval, generate, release, emit, store, deposit, transport, or dispose of (either with collectively "Release") any hazardous substances, sewage, petroleum products, hazardous materials, toxic substances or without negligence) cause any pollutants or permit within or on the Premises the escapesubstances, disposal or release of any biologically- or chemically-active or other defined as hazardous or toxic substancesin applicable federal, materials or wastes state and local laws and regulations (collectively, "Hazardous Substances")) in, on or about the Premises. Tenant shall not allow In the generationevent, storage or use of any Hazardous Substances within and only in the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsevent, unless Landlord approves such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use Release of Hazardous Substances on the Premises, such Release shall only be in the ordinary course of Tenant's business occur safely and in accordance compliance with the highest standards prevailing in the industry for the generationall applicable federal, storage state, and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, regulations. 31.2 Tenant shall indemnify and save defend (with counsel approved by Landlord) Landlord, and hold Landlord harmless harmless, from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsliabilities, losses, damages, penalties, fines, cleanup costs, liabilities or losses, including, without limitation, and expenses (including reasonable attorneys', consultants' and experts' fees) arising out of or in any way relating to the Release by Tenant or any of its agents, which arise during representatives, employees or after invitees, or the Term presence of any Hazardous Substances in, on or about the Premises occurring as a result of or in connection with Tenant's use or occupancy of the Premises at any time after the Commencement Date. 31.3 Landlord shall have the right from time to time to enter the Premises, Building and Property and inspect the same for the presence of Hazardous Substances being generatedand compliance with the provisions of this Section 31 and inspect the Premises, used or disposed of in or on, or brought to, Building and Property. Landlord may cause tests to be performed for Hazardous Substances on the Premises from time to time. Tenant shall bear the cost of the first such test in any calendar year and any other such test that occurs upon a reasonable suspicion by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant Landlord that there may be Hazardous Substances in the Premises. Premises in violation of Tenant's obligations under this Lease. 31.4 The within covenants provisions of this Section 31 shall survive the expiration or earlier termination of this LeaseLease with respect to any occurrences during the Term.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escapeSubtenant may store, disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesuse, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any handle and generate Hazardous Substances within at the Subleased Premises in any manner other than normal connection with the Permitted Uses in commercial quantities of cleaning solvents controlled and stored normally associated therewith, in accordance with Subtenant’s practices immediately prior to the Legal RequirementsEffective Date, unless such and in compliance with Applicable Laws. During the Term, Subtenant shall be responsible for disposing of all Hazardous Substances are generated, stored or used in accordance with generated by Subtenant’s operations at the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Subleased Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, (including, without limitation, the operations of its employees, Affiliates, contractors, subtenants and licensees operations at the Subleased Premises), at Subtenant’s expense. Subtenant shall comply with all Applicable Laws in connection with Subtenant’s storage, use, handling and generation of Hazardous Substances at the Subleased Premises. Upon the expiration or earlier termination of this Sublease or Subtenant’s right to possession of the Subleased Premises, Subtenant shall remove all Hazardous Substances being kept on the Subleased Premises by Subtenant, its employees, Affiliates, contractors, subtenants and licensees, in accordance with Applicable Laws. Subtenant shall indemnify, defend and hold harmless Sublandlord and Landlord from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys'’ fees and remediation costs) caused by Subtenant’s or any of its employees, consultants' and experts' feesagents, which arise during subtenants, contractors, representatives, guests or after the Term as a result invitees use, generation, handling, storage, or release of any Hazardous Substances being generated, used or disposed of in or on, under or brought toabout the Subleased Premises or the Project during the Term in violation of Applicable Laws (any such release being referred to as “Subtenant Contamination”); provided, the Premises Subtenant Contamination shall not include any such release caused by Tenant Sublandlord or its any of Sublandlord’s employees, agents, contractors or inviteesrepresentatives. Subtenant’s indemnification obligations in this section shall include the obligation to defend Sublandlord and Landlord, or as the result with counsel reasonably satisfactory to each of an abatementthem, treatment or management required as the result of in any actsproceedings, negligence, repairs or alterations made by Tenant in the Premisesall at Subtenant’s expense. The within covenants Subtenant’s indemnification obligations under this section shall survive the expiration or earlier termination of this LeaseSublease and shall not be limited by any provisions of this Sublease limiting Subtenant’s liability hereunder. In the event of any Subtenant Contamination, Subtenant shall investigate, monitor, clean-up, remove, xxxxx and remediate the Subtenant Contamination to the extent required to comply with Applicable Laws, including, without limitation, any requirements of a governmental authority imposed in accordance with Applicable Laws, and in a manner that does not materially interfere with Sublandlord’s or any of its other subtenants or licensees use of the Project. Sublandlord shall not use, store, generate, release or discharge any Hazardous Substances on the Subleased Premises or Common Areas in violation of Applicable Laws. Sublandlord shall indemnify, defend and hold harmless Subtenant from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and remediation costs) caused by Sublandlord’s or any of its employee’s, Affiliate’s, contractor’s, representative’s or licensee’s release of any Hazardous Substances on, under or about the Subleased Premises or Common Areas during the Term in violation of Applicable Laws (any such release being referred to as “Sublandlord Contamination”). Sublandlord’s indemnification obligations in this section shall include the obligation to defend Subtenant, with counsel reasonably satisfactory to Subtenant, in any proceedings, all at Sublandlord’s expense. Sublandlord’s indemnification obligations under this section shall survive the expiration or earlier termination of this Sublease and shall not be limited by any provisions of this Sublease limiting Sublandlord’s liability hereunder. In the event of Sublandlord Contamination, Sublandlord shall investigate, monitor and clean-up, remove, xxxxx and remediate such Sublandlord Contamination to the extent validly required by any governmental authority under Applicable Law, and in a manner that does not materially interfere with Subtenant’s use of the Subleased Premises.

Hazardous Substances. (a) Landlord shall be responsible for removal of any Hazardous Substances that existed at the Project prior to construction or any that Landlord has or does install at the Premises OR Building. After reasonable inquiry, Landlord is not aware of any existing Hazardous Substances within the Project areas. (b) Tenant shall not use, produce, store, release, dispose or handle in or about the Leased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "party to do such acts) any Hazardous Substances")Substance except in compliance with all applicable Environmental Laws. Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Law. Upon Tenant obtaining actual knowledge of same, Tenant shall immediately notify Landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only that may be in the ordinary course violation of Tenant's business and in accordance with the highest standards prevailing in the industry any Environmental Law (regardless of whether Tenant is responsible for the generation, storage and use existence of such Hazardous SubstancesSubstance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the Leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance, or (iv) Tenant's notification of the National Response Center of any release of a reportable quantity of a Hazardous Substance in or about the Leased Premises. Without "Environmental Laws" shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act; "Hazardous Substance" shall mean all substances, materials and wastes that are or become regulated, or classified as amendedhazardous or toxic, 42 U.S.C. Section 9601 et seq., under any applicable state or local laws and the regulations adopted under these actsEnvironmental Law. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of it is determined that any Hazardous Substances being generated, used or disposed Substance exists on the Leased Premises resulting from any act of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, then Tenant shall immediately take necessary action to cause the removal of said substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, if the Hazardous Substance is of a nature that can not be reasonably removed within ten (10) days Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any Hazardous Substance must be removed within sixty (60) days after discovery thereof. Furthermore, notwithstanding the above, if in the good faith judgment of Landlord, the existence of such Hazardous Substance creates an emergency or is of a nature which may result in immediate physical danger to persons AT the Property, Landlord may enter upon the Leased Premises and remove such Hazardous Substances and, if the existence was a result of the act of the Tenant or its employee, agent, contractor, licensee, subtenant, or customers, Landlord may charge the cost thereof to Tenant as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseAdditional Rent.

Hazardous Substances. A. Prohibition Against Hazardous Substances. Tenant shall ---------------------------------------- not (either with produce, store, use, discharge or without negligence) cause dispose of, nor permit its agents, employees or permit within contractors to produce, store, use, discharge or dispose of any Hazardous Substances in or near the Project unless Landlord has consented to such storage or use in its sole discretion of both the particular Hazardous Substances and the maximum quantities thereof to be stored or used on the Premises at any time. Prior to the escapeuse of any Hazardous Substances (including any changes to the previously approved list), Tenant shall provide Landlord with a list of those Hazardous Substances (and the maximum quantities thereof) which Tenant proposes to use, for Landlord's review and approval, which approval shall not be unreasonably delayed or withheld. Any handling, transportation, storage, treatment, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within in or about the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance Project by Tenant, its agents, employees, contractors or invitees shall strictly comply with the Legal all applicable Governmental Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgments, damages, penalties, fines, attorneys' fees and court costs, liabilities remediation costs, investigation costs and any other expenses which result from or lossesarise out of the use, includingstorage, without limitationtreatment, attorneys'transportation, consultants' and experts' feesrelease, which arise during or after disposal of any Hazardous Substances on or about the Term Project by Tenant, its agents, employees, contractors or invitees. If any lender or governmental agency shall require testing for Hazardous Substances in the Premises, Tenant shall pay for such testing, if (i) Tenant is in breach of any provision in this Section 29, (ii) Tenant, its agents, employees or contractors was responsible in any way for the presence of any of the Hazardous Substances discovered by such testing, or (iii) the applicable governmental agency has requested that such testing be performed as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, Tenant's activities within the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseProject.

Hazardous Substances. Tenant In addition to Project Site information referenced in Appendix J, Owner also shall not (either with or without negligence) cause or permit within or on disclose to Contractor, as information becomes available to Owner, the Premises existence of Hazardous Substances at the escapeProject Site as to which Owner has actual knowledge. Subject to Section 2.2.13, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant Owner shall not allow the generation, storage or use of be and remain responsible for any Hazardous Substances within that are brought onto the Premises in Project Site by Owner or any manner other Person performing activities on behalf of Owner (other than normal quantities of cleaning solvents controlled Contractor, its Subcontractors or Owner Suppliers) or that exist on the Project Site prior to the Commencement Date or releases caused by Owner or any other Person acting on its behalf (other than Contractor, its Subcontractors and stored Owner Suppliers) and not in accordance with Contractor’s direction (“Owner Hazardous Substances”), including any required Remediation and/or site restoration in connection therewith. To the fullest extent permitted by Applicable Legal Requirements, unless such Hazardous Substances are generatedOwner agrees to release, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationdefend, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold the Contractor Indemnitees harmless from and against all liability (except for any and all clean-up costsliability arising from the negligence or intentional Release by such indemnified Persons (as set forth in Section 2.2.13.2)) arising out of Owner Hazardous Substances, remedial or restoration workotherwise arising out of fulfilling Owner’s obligations under this Section 3.9, claimswhether through suits or causes of action in a court of law or claim, judgments, damages, penalties, fines, costs, liabilities complaints or losses, including, without limitation, attorneys', consultants' and experts' feespenalties arising out of a violation or alleged violation of Applicable Legal Requirements. If Contractor discovers or encounters any Owner Hazardous Substances, which arise during under Applicable Legal Requirements or after Professional Standards would require Contractor to suspend Work to avoid injury to individuals or damage to property, then Contractor shall promptly give Notice to Owner and cease performance of the Term Work in and around the affected area. Except as a result provided in Section 2.2.13.2, Contractor shall have no responsibility for the removal, treatment, transportation, disposal or Remediation of Owner Hazardous Substances. Contractor shall not have or exert any control over Owner or interfere with Owner or any Person acting on behalf of Owner in Owner’s performance of its obligations or responsibilities in connection with the storage, transportation or disposal of any Owner Hazardous Substances. Contractor shall reasonably cooperate with Owner in connection with the Remediation by Owner of any Owner Hazardous Substances being generatedidentified at the Project Site; provided, used or disposed of in or onhowever, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management that Contractor shall not be required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseto provide disposal services for Owner Hazardous Substances.

Hazardous Substances. Tenant PEF shall provide to Ranchcorp prior to commencing construction of the Project, and shall thereafter periodically update, a list of Hazardous Substances that PEF requires on the Premises for the construction, operation, maintenance and/or decommissioning of the Project or any Alterations. PEF shall not (either with or without negligence) cause or permit within possession or storage on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substance other than those named on the then-most recent list of Hazardous Substances within provided to Ranchcorp. PEF shall not cause or permit to occur during the Term any unlawful Release of a Hazardous Substance on, about or beneath the Premises, whether affecting surface water or groundwater, air, the surface or subsurface environment. In the event any unlawful Release of a Hazardous Substance to the environment occurs on or about or beneath the Premises in during the Term as a result of any manner other than normal quantities act or omission of cleaning solvents controlled PEF or any of PEF's Agents, PEF shall promptly undertake all remedial measures required to clean up and stored xxxxx or otherwise respond to the unlawful Release in accordance with applicable Environmental Laws at PEF's sole cost, and PEF shall, subject to Section 12.8 of the Legal RequirementsTransaction Agreement, unless such Hazardous Substances are generatedindemnify, stored or used in accordance with the Legal Requirements defend, protect and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Ranchcorp harmless from and against any and all clean-up claims, losses, first and third party damages, liabilities and costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, including without limitation, attorneys', limitation reasonable consultants' and expertsattorneys' feesfees and costs, which arise during arising out of or after relating to the Term presence of Hazardous Substances on or about the Premises as a result of any act or omission of PEF or PEF's Agents. If any unlawful Release of a Hazardous Substances being generated, Substance which is used or disposed of in or on, or brought to, on the Premises by Tenant PEF or its employeesany of PEF's Agents comes to be located on or beneath the Premises or within 50 feet of the property line of the Premises, agentsunless the source of such release is readily identifiable at the time the Release becomes known, contractors or invitees, or as such release shall be presumed (subject to the following sentence) to be the result of an abatementact or omission of PEF or PEF's Agents and shall trigger PEF's remedial and indemnity obligations under this section. Those obligations shall continue in effect until and unless a different source of the Release is identified with a reasonable degree of certainty, treatment as evidenced either by Ranchcorp's written concurrence with identification of a different source or management required a decision concurring with identification of a different source by an arbitrator engaged pursuant to the following sentence. Any dispute between the parties regarding the source of a Release shall be resolved by arbitration as provided under Section 12 of the result Transaction Agreement. Nothing in this Lease is intended to release any party from any liability it may have under the Comprehensive Environmental Response Compensation and Liability Act. The prior sentence is not intended to modify any indemnity or other undertaking of any acts, negligence, repairs or alterations made by Tenant in party under any of the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseProject Agreements.

Hazardous Substances. Tenant shall not (either cause or permit any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant’s agents, employees, contractors, or invitees, other than customary cleaning solvents, without first obtaining Landlord’s written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Premises whether with or without negligence) cause Landlord’s consent or permit within or on if the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises become contaminated in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If which Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtheris legally liable, Tenant shall indemnify and save hold harmless the Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, fines judgments, penalties, fines, costs, liabilities or losses, losses (including, without limitation, attorneys'a decrease in value of the Premises or Building, consultants' damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and experts' any and all sums paid for settlement of claims, attorney’s fees, which arise consultant and expert fees) arising during or after the Lease Term and arising as a result of such use, storage, generating, disposal, or contamination by Tenant. 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 any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises by and such results in contamination, Tenant or shall promptly, at its employeessole expense, agents, contractors or invitees, or as take any and all necessary actions to return the result of an abatement, treatment or management required as Premises to the result condition existing prior to the presence of any acts, negligence, repairs or alterations made by Tenant in such Hazardous Substance on the Premises. The within covenants Tenant shall survive first obtain Landlord’s approval for any such remedial action. As used herein, “Hazardous Substance” means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the expiration State of South Carolina, or earlier termination of this Leasethe United States government. “Hazardous Substance” 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 law. “Hazardous Substance” includes but is not restricted to asbestos, polychlorobiphenyls (“PCB’s”) and petroleum.

Hazardous Substances. Tenant 13.1.1. Lessee shall not (either with or without negligence) cause or permit within any Hazardous Substance to be brought upon, kept, used or generated by Lessee, its agents, employees, contractors, subcontractors, or invitees on the Leased Premises, unless the use or generation of the Hazardous Substance is necessary for the prudent generation, conversion, or transmission of Renewable Energy on the Leased Premises; or during the construction or preparation of the Leased Premises for the escape, disposal or release construction of any biologically- or chemically-active the Renewable Energy Facilities or other hazardous Improvements; or toxic substancesfor the maintenance of the Renewable Energy Facilities or other Improvements, materials and only if no functional and reasonably economic nonhazardous substance or wastes (collectivelyprocess, "which does not generate Hazardous Substances"), can be used in place of the Hazardous Substance or the process which generates the Hazardous Substance. Tenant Other than for maintenance of inventories necessary for the prudent generation, conversion, or transmission of Renewable Energy on the Leased Premises, Lessee shall not allow the generation, cause or permit long-term storage or use of any Hazardous Substance on the Leased Premises. 13.1.2. In the event that Lessee must utilize Hazardous Substances within for the prudent generation, conversion, or transmission of Renewable Energy on the Leased Premises, or the construction or preparation of the Leased Premises for the construction of the Renewable Energy Facilities or other Improvements, or the maintenance of the Renewable Energy Facilities or other Improvements, Lessee must provide to Lessor, prior to Phase 2, an HMWMP. The HMWMP must include, at a minimum, the following information: i) a detailed map indicating the planned location of all Hazardous Substance storage areas on the Leased Premises; ii) the location of spill containment and cleanup materials; iii) the location of drains in the storage areas and destination of those drains; iv) and the location of fire suppression equipment. The HMWMP shall include a detailed Spill Prevention Plan that includes information regarding the handling of Hazardous Substances and the procedures to be followed in the case of any manner other than normal quantities of cleaning solvents controlled and stored spill. 13.1.3. All Hazardous Substances shall be marked in accordance with the Legal RequirementsNational Institute for Occupational Safety and Health (NIOSH) standards, unless such Hazardous Substances are generated, stored or used and storage facilities will be marked in accordance with the Legal Requirements and National Fire Protection Association (NFPA) 704 Hazardous Material Information System approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqmarkings., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. (a) Except for small quantities of Hazardous Substances customarily used in connection with general office uses, and not required to be reported by an environmental agency, Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be used, stored, generated or disposed of on or in the Premises Buildings or the escapePremises, disposal by Tenant, Tenant’s agents, employees, contractors, invitees or release of any biologically- subtenants without first obtaining Landlord’s written consent, which may be given or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")withheld in Landlord’s sole discretion. Tenant shall not allow the generation, storage or use of If any Hazardous Substances within are used, stored, generated, or disposed of on or in the Buildings or the Premises, including those customarily used in connection with general office, a fitness facility or school uses, or if the Buildings or the Premises become contaminated in any manner other than normal quantities violation of cleaning solvents controlled and stored in accordance with the applicable Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations immediately notify Landlord of the release or discharge of a Hazardous Substance and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify indemnify, defend and save hold harmless Landlord harmless and its members and Affiliates from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses, losses (including, without limitation, any and all sums paid for settlement of claims, attorneys', consultants' and experts' ’ fees, which arise consultant, and expert fees) arising during or after the Term term of this Lease, and arising as a result of such contamination, release or discharge. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by or required by applicable Legal Requirements. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances being generatedSubstance on the Premises or the Buildings and the same results in any contamination, release or discharge, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Premises or the Buildings to the condition existing prior to the presence of any such Hazardous Substance on the Premises or the Buildings and in compliance with all Legal Requirements. Tenant shall first obtain Landlord’s approval for any such remedial action and the approval of the contractors doing the work. Landlord shall have the right to do the work, at Tenant’s sole cost and expense, if Landlord determines an emergency exists. (b) As used herein, “Hazardous Substance” means any substance that is toxic, ignitable, reactive, infectious or disposed of corrosive and that is regulated by any local government, the state in which the Buildings is located or onthe United States Government. “Hazardous Substance” includes any and all material or substances that are defined as “hazardous waste,” “extremely hazardous waste,” or a “hazardous substance” pursuant to federal, state or brought local governmental law. “Hazardous Substance” includes, but is not restricted to, the Premises by Tenant or its employeesasbestos, agentspolychlorobiphenyls, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseand petroleum.

Hazardous Substances. a) Landlord shall be responsible for removal of any Hazardous Substances that existed at the Leased Premises prior to construction or any that Landlord has or does install at the Leased Premises or Building. After reasonable inquiry, Landlord is not aware of any existing Hazardous Substances in the Building or Common Areas. b) Tenant shall not use, produce, store, release, dispose or handle in or about the Leased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "party to do such acts) any Hazardous Substances")Substance except in compliance with all applicable Environmental Laws. Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Law and Tenant shall remove any Hazardous Substance resulting from Tenant's or its agent's contractors, or business invitee's acts. Tenant shall immediately notify Landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises that may in violation of any manner other than normal quantities Environmental Law (regardless of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry whether Tenant is responsible for the generation, storage and use existence of such Hazardous SubstancesSubstance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the Leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance in or about the Leased Premises. Without "Environmental Laws" shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980Act; "Hazardous Substance" shall mean all substances, materials and wastes that are or become regulated, or classified as amendedhazardous or toxic, 42 U.S.C. Section 9601 et seq., under any applicable state or local laws and the regulations adopted under these actsEnvironmental Law. If Tenant uses it is determined that any Hazardous Substances within Substance exists on the Premises and if Landlord or resulting from any lender or governmental agency requires testing to ascertain whether or not there has been any release act of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, or then Tenant shall immediately take necessary action to cause the removal of said substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, if the Hazardous Substance is of a nature that can not be reasonably removed within ten (10) days Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any Hazardous Substance must be removed as soon as possible. Furthermore, notwithstanding the result of an abatementabove, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant if in the Premises. The within covenants shall survive good faith judgment of Landlord, the expiration existence of such Hazardous Substance creates an emergency or earlier termination is of this Leasea nature which may result in immediate physical danger to persons at the Property, and Tenant fails to immediately remove the same after written notice from Landlord, Landlord may enter upon the Premises and remove such Hazardous Substances and charge the reasonable cost thereof to Tenant as Additional Rent.

Hazardous Substances. Tenant Franchisee shall not (either comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Franchisee’s facilities in the rights–of-way. Xxxxxxxxxx agrees to forever indemnify the County against any claims, costs, and expenses, of any kind, whether direct or without negligence) cause indirect, incurred by the County arising out of the release or permit within or on the Premises the escape, disposal or threat of release of any biologically- hazardous substances caused by Franchisee’s ownership or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use operation of any Hazardous Substances its facilities within the Premises County’s rights-of-way. In removing or modifying Franchisee’s facilities as provided in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsthis Franchise, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use Franchisee shall also remove all residue of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance compliance with the highest applicable environmental cleanup standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rentrelated thereto. In addition, Tenant Xxxxxxxxxx agrees that it will not cause nor permit in any manner, including negligent or intentional acts or omissions, release of any hazardous substance, waste, or pollutant or contaminant into or upon any county road or right-of-way contrary to any state or federal law or local regulation with respect thereto. Franchisee shall execute affidavitsnotify the Washington State Department of Ecology and Spokane County in writing immediately upon any such release. Franchisee shall indemnify, representations hold harmless, defend and covenant not to sue the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. FurtherCounty, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, actions or suits in equity or at law and any judgments, damages, penaltiesawards, penalties or fines, costsincluding reasonable attorneys’ fees and costs incurred in the defense thereof, liabilities arising out of the release or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result spill of any Hazardous Substances being generatedsuch hazardous materials, used or disposed of in or ondangerous waste, or brought topollutant within the County right-of-way or on private property. Franchisee shall be responsible for completely cleaning up and remediating, as required by any government agency, any and all hazardous materials, dangerous waste or pollutants released or spilled within the Premises public right-of-way or on private property. The County shall be entitled to indemnification by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required Franchisee for all costs incurred by it as the result of any actsrelease or spill of such materials by Franchisee, negligenceits agents, repairs officials, officers and employees. Upon any release or alterations made by Tenant spill of any such substance mentioned herein the County, where it deems necessary to protect the public health, safety and welfare, may immediately take whatever steps it deems necessary and advisable to contain, clean up or remediate the release or spill. In such cases, the County shall be entitled to repayment from the Franchisee of any costs or expenses incurred in the Premisesresponding to such a release or spill. The within covenants County’s ability to act in case of an emergency shall survive the expiration or earlier termination of this Leasein no way create a duty to act, nor a continuing duty to act where initial emergency action is undertaken.

Hazardous Substances. Tenant A. Subtenant's Environmental Indemnity. Subtenant shall not cause any Hazardous Substances to be brought upon, stored, or used in, on or under the Project other than such quantities of Hazardous Substances as are customary and reasonably necessary for the conduct of the Permitted Uses listed in the Schedule to this Sublease, and which are listed in the Hazardous Materials Inventory Sheets (either collectively, the "HMIS") attached hereto as EXHIBIT G, unless Landlord and Sublandlord have consented in writing to the storage or use of such Hazardous Substances, which consent shall not be unreasonably withheld by Sublandlord. Sublandlord hereby consents to Subtenant's transportation, storage and use of the chemicals identified in EXHIBIT G substantially in the quantities provided therein. Subtenant shall also provide Landlord and Sublandlord with copies of all documents or without negligence) information provided to or documents, information or permits received from applicable governmental agencies to the extent they relate to the use, transportation, disposal or storage of Hazardous Substances at the Premises, including any HMIS's, Material Safety Data Sheets, discharge permits, Hazardous Materials Management Plans and transportation manifests. Subtenant shall not cause or permit within any Hazardous Substances to be produced, discharged or disposed of in, on or under the Premises the escapeProject by Subtenant, its agents, employees, contractors or invitees in violation of applicable laws. Any handling, transportation, storage, treatment, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within in or about the Premises in any manner other than normal quantities of cleaning solvents controlled Project by Subtenant, its agents, employees, contractors or invitees shall strictly comply with all applicable governmental requirements. Subtenant shall indemnify, defend and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements hold Landlord and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord Sublandlord harmless from and against any and all clean-up costs, remedial or restoration workliabilities, claims, judgments, damages, penalties, fines, attorneys' fees and court costs, liabilities remediation costs, investigation costs and any other expenses incurred by Sublandlord (a) pursuant to governmental or lossescourt orders, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term (b) acting as a reasonable and prudent landowner which result from or arise out of the use, storage, treatment, transportation, release, or disposal of any Hazardous Substances being generatedon or about the Project by Subtenant, used or disposed of in or onits agents, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result . Sublandlord shall notify Subtenant in writing promptly upon receipt of an abatement, treatment or management required as the result notice of any acts, negligence, repairs or alterations made by Tenant claim to which the indemnification set forth herein may apply. Sublandlord shall reasonably cooperate with Subtenant in the Premisescourse of Subtenant's defense and indemnification as provided hereunder. The within covenants Subtenant shall survive have the expiration or earlier termination of right to settle any claim to which this Leaseparagraph may apply, subject to Sublandlord's consent, which shall not be unreasonably withheld.

Hazardous Substances. Tenant Lessee shall not (either with store, generate, discharge, treat, dispose of, sell, handle or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of transport any Hazardous Substances within on or about the Premises Premises, except for Hazardous Substances commonly utilized in the operation of the Lessee’s business, but then only in such quantities and to the extent allowed under Governmental Regulations. In all events any manner other than normal quantities of cleaning solvents controlled Hazardous Substances shall be handled and stored in accordance strict compliance with the Legal Requirementsall Governmental Regulations and environmental requirements, unless and evidence of such compliance shall be given to Lessor if requested by Lessor. All Hazardous Substances are generated, stored or used shall be disposed of in accordance with Governmental Regulations and environmental requirements. Xxxxxx agrees to defend, indemnify, and hold the Legal Requirements Lessor harmless from all claims, lawsuits, costs, expenses, damages or liabilities (including reasonable attorneys’ fees and approved costs) arising from Xxxxxx’s breach of any of the obligations or representations contained in advance in writing by Landlord. Any use this Section, including costs of Hazardous Substances shall only be in the ordinary course remediation, cleanup and detoxification of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. FurtherXxxxxx further agrees to defend, Tenant shall indemnify indemnify, and save Landlord hold Lessor harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fineslawsuits, costs, expenses, damages or liabilities or losses, including, without limitation, (including reasonable attorneys', consultants' ’ fees and experts' fees, which arise during or after the Term costs) as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, located at the Premises not caused or permitted by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesLessor. The within covenants provisions of this Section shall survive the expiration or earlier termination of this Lease. Lessee, at its cost, further agrees to comply with each present and future Governmental Regulations and environmental requirements regulating the collection, sorting, separation, recycling of waste products, garbage, refuse, infectious waste and trash (collectively, the “Waste”) in or about the Premises.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on On the Premises EPRD shall not: keep, store, or sell any goods, merchandise, or materials that are in any way explosive or hazardous; carry on any offensive or dangerous trade, business, or occupation; use or operate any machinery or apparatus that shall injure the escapePremises or adjacent buildings in any way; or do anything other than is provided for in this Agreement. Nothing in this Section shall preclude EPRD from bringing, keeping, or using on or about said Premises such materials, supplies, equipment, and machinery as is appropriate or customary in the care, maintenance, administration, and control of parklands. Gasoline, oils, and all other materials considered under law or otherwise to be hazardous to health and safety shall be stored, handled, and dispensed as required by present or future regulations and laws. EPRD shall comply with all laws, federal, state, or local, existing during the term of this Agreement pertaining to the use, storage, transportation, and disposal or release of any biologically- hazardous substance, as that term is defined in such applicable law. In the event the State or chemically-active any of its affiliates, successors, principals, employees, or other hazardous agents should incur any liability, cost, or toxic substancesexpense, materials including attorney’s fees and costs, as a result of the EPRD's illegal use, storage, transportation, or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use disposal of any Hazardous Substances within the Premises in hazardous substance, including any manner other than normal quantities petroleum derivative, EPRD shall protect, indemnify, defend, and hold harmless any of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless these individuals against such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordliability. Any use of Hazardous Substances shall only Where EPRD is found to be in breach of this provision due to the ordinary course issuance of Tenant's business a government order directing EPRD to cease and desist any illegal action in accordance connection with the highest standards prevailing in the industry for the generationa hazardous substance, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord to remediate a contaminated condition directly caused by EPRD or any lender person acting under EPRD’s direct control or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancesauthority, then the reasonable costs thereof EPRD shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations responsible for all costs and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence expenses of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against complying with such order including any and all clean-up costsexpenses imposed on or incurred by the State in connection with or in response to such government order. Notwithstanding the foregoing, remedial in the event a government order is issued naming EPRD, or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise EPRD incurs any liability during or after the Term as a result term of any Hazardous Substances being generated, used or disposed of the Agreement in or onconnection with contamination that preexisted the EPRD’s obligations and occupancy under this Agreement, or brought toprior agreements or that were not directly caused by EPRD, the Premises State shall be solely responsible as between EPRD and State for all expenses and efforts in connection wherewith, and State shall reimburse EPRD for all reasonable expenses actually incurred by Tenant EPRD therewith. All pest control activities, chemical and non-chemical, shall be approved by State prior to action by the EPRD. EPRD or the pest control business acting on behalf of EPRD shall submit a DPR 191, Pest Control Recommendation, or equivalent to State for approval. State has fourteen (14) days to approve or deny the request. State review and approval shall be solely for compliance with State’s policies and in no way shall relieve EPRD or its contractors, employees, agents, contractors or inviteesrepresentatives from compliance with all laws and regulations concerning such activities, nor from carrying out the work in a workmanlike manner. EPRD or the pest control business acting on behalf of EPRD shall submit a report of completed work for each pest management action to the State no later than seven (7) days after performance of the work. The report may be submitted on a DPR 191, Pest Control Recommendation, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseequivalent.

Hazardous Substances. Tenant shall not (either with cause, permit or without negligence) cause allow any Hazardous Substance to be generated, emitted, discharged, released or permit within disposed of, on, in or on from the Leased Premises the escapeby Tenant, disposal Tenant's agents, employees, contractors, invitees or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")those holding under Tenant. Tenant shall not allow comply with all Environmental Laws governing or relating to the generation, storage transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances with respect to the use and occupancy of the Leased Premises or the condition thereof. Without limitation of the foregoing, if Tenant causes, permits or allows the emission, discharge, release, threatened release or disposal of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal RequirementsSubstance from, unless such Hazardous Substances are generated, stored on or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course Leased Premises (hereinafter called the "Contamination") in violation of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive any Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionLaws, Tenant shall execute affidavitspromptly, representations at its sole cost and expense, take any and all actions necessary to remediate and/or remove Contamination and to comply with the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the PremisesEnvironmental Laws. Further, Tenant shall defend, indemnify and save hold Landlord harmless from and against any and all clean-up costsclaims, damages, remedial or restoration workremoval actions or obligations, claimsfines, judgments, damagesliens, penalties, costs, expenses, diminished property value, lost or diminished rental revenue, liabilities or losses of any kind asserted against, or suffered or incurred by, Tenant and/or Landlord resulting directly or indirectly from the presence, generation, transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances on, in or from the Leased Premises, provided, however, that Tenant's indemnity hereunder shall not extend to Contamination existing on the Leased Premises prior to the date of this Lease and for Contamination of the Leased Premises directly attributable to or Contamination caused by landlord or any unrelated third party without the consent or knowledge of Tenant or under Tenant's control. The provisions of the foregoing sentence shall survive the termination of this Lease. Landlord shall defend, indemnify and hold Tenant harmless from and against all claims, damages, remedial or removal actions or obligations, fines, judgments, liens, penalties, costs, expenses, diminished property value, lost or diminished rental revenue, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result losses of any kind asserted against, or suffered or incurred by Tenant resulting directly or indirectly from the presence, generation, transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances being generatedon, used or disposed of in or on, or brought to, from the Leased Premises by Tenant or Landlord, its employees, agentsagents or authorized representatives or resulting from Landlord's construction, contractors use or invitees, or as occupancy of the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Leased Premises. The within covenants provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant agrees that no storage tanks or facilities shall not (either with be installed or without negligence) cause or permit within or placed on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")without Landlord's prior written consent. Tenant shall not allow be solely responsible for any storage tanks and facilities which Tenant places upon the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by LandlordPremises. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitshave no responsibility or liability for any storage tanks, representations facilities, or hazardous substances (as herein defined) which Tenant did not introduce or authorize to be introduced, either directly or indirectly, onto or into the Premises. Tenant agrees to indemnify and the like hold harmless Landlord for any and all claims, fines, damages, judgments, penalties, costs, liabilities or loss, including without limitation any and all sums to pay for settlement claims, attorney's fees, consultants or expert fees, from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the or in connection with presence or suspected presence of Hazardous Substances in or on the Premises, unless the Hazardous Substances are present or enter onto or into the Premises as the result of negligence, willfulness misconduct, or other acts of Landlord or Landlord's agents or invitees. FurtherTo the extent that such substances are present or enter onto or into the Premises due to such acts of Landlord or Landlord's agents or invitees, Landlord indemnifies Tenant to the same extent as Tenant indemnifies Landlord herein. Without limitation of the forgoing, this indemnification shall indemnify and save Landlord harmless from and against include any and all cost incurred due to any investigation of the Premises, or any clean-up costsup, remedial removal or restoration workmandated by a federal, claimsstate or local agency, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after unless the Term Hazardous Substances are present as a result of negligence, willful misconduct or other acts of Landlord, Landlord's agents or invitees. This indemnification shall include any and all costs due to the flowing, leaching, defusing, migrating, or percolating of Hazardous Substances being generated, used into or disposed of in or on, or brought to, onto Premises after the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination date of this Lease. For purposes of the provision, the term "Hazardous Substances" shall be interpreted broadly to include, but not be limited to, substances designated as hazardous under the Resource Conservation and Recovery Act, Federal Water Pollution Control Act, the Clean Air Act, or the Comprehensive Environmental Response Compensation Liability Act of 1980 and oil and petroleum base derivatives. The terms shall also be interpreted to include, but not be limited to, any substances which after release into the environment and upon exposure, ingestion, inhalation, or assimilation, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer and/or genetic abnormalities.

Hazardous Substances. Tenant shall not use, produce, store , release, dispose or handle in or about the l eased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes party to do such acts) any Hazardous Substance (collectively, "Hazardous Substances"as defined herein) except in compliance with alI applicable Environmental laws (as defined herein). Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Laws. Tenant shall immediately notify landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only that may be in the ordinary course violation of Tenant's business and in accordance with the highest standards prevailing in the industry any Environmental Law s (regardless of whether Tenant is responsible for the generation, storage and use existence of such Hazardous SubstancesSubstance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance, or (iv) Tenant's notification of the National Response Center of any release of a reportable quantity of a Hazardous Substance in or about the Leased Premises. Without "Environmenta law(s)" shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation Compensation, and Liability Act of 1980liability Act. "Hazardous Substance(s)" shall mean all substances, materials and wastes that are or become regulated, or classified as amendedhazardous or toxic , 42 U.S.C. Section 9601 et seq., under any applicable state or local laws and the regulations adopted under these actsEnvironmental l aw. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of it is determined that any Hazardous Substances being generated, used or disposed Substance exists on the Leased Premises resulting from any act of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, or as then Tenant shall immediately take necessary act ion to cause the result removal of an abatementsuch substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, treatment or management required as if the result Hazardous Substance is of a nature that cannot be reasonably removed within ten (10) days Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any actsHazardous Substance must be removed within sixty (60) days after discovery thereof. Furthermore, negligencenotwithstanding the above, repairs or alterations made by Tenant if in the Premises. The within covenants shall survive good faith judgment of landlord, the expiration existence of such Hazardous Substance creates an emergency or earlier termination is of this Leasea nature which may result in immediate physical danger to persons at the Property or the Building, landlord may enter upon the Leased Premises and remove such Hazardous Substances and charge the cost thereof to Tenant as Additional Rent.

Hazardous Substances. Tenant covenants and agrees that Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- biologically or chemically-chemically active or other hazardous or toxic substances, (as defined below) or materials on or wastes (collectively, "Hazardous Substances")about the Demised Premises or Building. Tenant shall not allow the generationstorage, storage use or use disposal of any Hazardous Substances within the Premises such hazardous substances or materials in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored not sanctioned by law or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substanceshazardous substances or materials, nor allow to be brought into the Demised Premises or Building any such hazardous materials or substances except to use in the ordinary course of Tenant's business, and then only after written notice is given to Landlord of the identity of such hazardous substances or materials. Without limitation, Hazardous Substances hazardous substances and materials shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended 42 U.S.C. Section 6901 et seq., any applicable state or local laws laws, ordinances, ordinances or regulations, and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall ever require testing to ascertain whether or not there has been any release of Hazardous Substanceshazardous materials or substances due to acts or omissions of Tenant, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rentadditional charges if such requirement applies to the Demised Premises or Building. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in hazardous substances or materials on the Demised Premises. FurtherIn all events, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentscosts and liabilities, damages, penalties, fines, costs, liabilities or losses, including, including without limitation, attorneys', consultants' limitation reasonable attorney's fees and experts' fees, which arise during or after the Term costs incurred as a result of any Hazardous Substances being generated, used a release or disposed of threatened release or hazardous materials or substances on the Demised Premises or Building occurring while Tenant is in or onpossession, or brought to, the Premises if caused by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisespersons acting under Tenant. The within covenants shall survive the expiration or earlier termination of this Leasethe lease term.

Hazardous Substances. Tenant shall not not, without Lessor’s prior written consent, keep or allow on or about the Premises or Common Areas, or allow any substances designated by law or regulation as hazardous, dangerous, toxic or harmful (either collectively referred to as Hazardous Substances), and which are subject to regulation by federal, state, or local laws or regulations. With respect to such Hazardous Substances Tenant shall comply promptly and completely with all governmental rules, requirements and regulations, and Lessor or without negligence) cause or permit within or Lessor’s agent may come on the Premises the escapeto check Tenant’s compliance with all governmental rules, disposal or release requirements and regulations. All costs and attorneys fees incurred by Lessor in connection with Lessor’s inspection of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by due and payable to Lessor upon demand. Should Tenant fail to Landlord upon demand as Additional Rent. In additioncomply with this paragraph 33, Tenant Lessor shall execute affidavits, representations have all of the rights and the like from time remedies set forth in this lease and tenant shall; (a) be liable to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and Lessor for all clean-up costs, remedial and all losses or restoration workdamages suffered by Lessor, claimstogether with any and all fees, judgmentspenalties (civil and criminal) imposed by any governmental authority because of Hazardous Substances in or about the Premises or Common Areas: (b) indemnify, damages, penalties, fines, defend and save Lessor harmless from any and afi costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during penalties and charges assessed or after the Term imposed upon Lessor (as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or well as lessor’s attorney’s fees and costs) as the result of an abatementTenant allowing or permitting Hazardous Substances in or about the Premises or Common Areas. Tenant acknowledges that the Premises may contain asbestos or other hazardous materials, treatment or management required as the result of any acts, negligence, repairs or alterations made by and Tenant in accepts the Premises, notwithstanding such materials. The within covenants If Lessor is required by any statute, regulation, order, decree, judgment or other law to take any action to remove or axxxx the hazardous materials, or if Lessor deems it necessary to conduct special maintenance or testing procedures with regard to the hazardous materials, Lessor may take such action or conduct such procedures at times in a manner that Lessor deems appropriate under the circumstances, and Tenant shall survive permit the expiration or earlier termination of same. Tenant shall have no liability for hazardous substances on the Premises predating this Leaseease.

Hazardous Substances. Except as provided below, Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, produced, stored, used, discharged or on disposed of in or near the Premises the escape, disposal Project unless Landlord has consented to such storage or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, use in its sole discretion. "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall " include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local laws law, and the regulations adopted under these actslaws. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires shall require testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of for Hazardous Substances in the Premises. Further, Tenant shall pay all reasonable costs for such testing. Tenant agrees to indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdemands, damagesactions, penalties, finesliabilities, costs, liabilities or lossesexpenses, including, without limitation, attorneys', consultants' damages and experts' fees, which arise during or after obligations of any nature arising from the Term contamination of the Project with Hazardous Substances as a result of any Hazardous Substances being generated, used or disposed arising out of in the use or on, or brought to, occupancy of the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesTenant. The within covenants foregoing indemnification shall survive the termination or expiration or earlier termination of this LeaseLease for a period of two (2) years thereafter. Tenant may use and store in the Premises janitorial supplies and other items as are necessary in the normal operation of Tenant's business in the Premises ("Necessary Hazardous Substances"), provided Tenant (i) uses and stores all Necessary Hazardous Substances in accordance with all applicable Governmental Requirements; (ii) indemnifies and holds Landlord harmless from any claims, costs or damages arising from the presence of any Necessary Hazardous Substances in the Building; and (iii) pays any increased insurance premiums arising from the presence of any Necessary Hazardous Substances in the Building. Landlord shall use its reasonable best efforts to prohibit other tenants and visitors in the Project from causing or permitting contamination of the Project with Hazardous Substances as aforesaid, provided Landlord shall not be liable to Tenant or any other party in the event such contamination occurs.

Hazardous Substances. As used in this Lease, the term “Environmental Laws” refers to all present and future federal, state and local laws, orders, statutes, requirements and ordinances regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning the protection of the environment or the keeping, use or disposition of “Hazardous Substances” (as defined below), or other hazardous substances or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances. During the Term, Tenant shall not (either with install, store, use, recycle, treat, dispose of, discharge, release or without negligence) cause otherwise locate in or permit within or on upon the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within without first obtaining the Premises prior written consent of Landlord, and then only in any manner compliance with all applicable Environmental Laws. Tenant acknowledges and agrees that Landlord may, in its sole discretion, either withhold consent to such usage or activity upon receipt of notice thereof from Tenant, or may require Tenant to obtain such insurance, bonding or other than normal quantities further assurances as Landlord in its sole discretion deems necessary in order to adequately protect the interests of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing agrees to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Landlord, its directors, officers, employees, agents and contractors, harmless from and against for any and all clean-up costs, remedial liability arising out of or restoration work, connected with any claims, judgments, damages, penalties, fines, costsassessments, fees and other expenses related in any manner to the improper storage or discharge of Hazardous Substances on the Premises, whether actual or suspected, caused by the acts or omissions of Tenant, its directors, officers, agents, employees or invitees, and Tenant shall further indemnify and hold Landlord, its directors, officers, employees, agents and contractors, harmless from any violation of such applicable Environmental Laws or any breach of the foregoing representations and warranties. Tenant further agrees to pay any and all fines, charges, assessments, fees, damages, losses, claims, liabilities or losses, including, without limitation, attorneys', consultants' and experts' feesresponse costs arising out of or any way connected with such applicable Environmental Laws, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants indemnifications shall survive the expiration or earlier termination of this Agreement. For purposes of this paragraph, the term “Hazardous Substances” shall mean any hazardous or toxic material, substance or waste, pollutant or contaminant which is defined, prohibited, limited or regulated under any statute, law, ordinance, rule or regulation of any local, state, regional or Federal authority having jurisdiction over the Premises, or its use, including but not limited to any material substance or waste that is: (a) defined, listed or otherwise classified as a hazardous substance, hazardous material, hazardous waste or other words of similar meaning under any Environmental Laws; (b) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products; (c) PCBs; (d) lead; (e) urea formaldehyde; (f) asbestos or asbestos containing materials; (g) flammables and explosives; (h) infectious materials; (i) atmospheric radon at levels over 4 picocuries per cubic liter; (j) radioactive materials; (k) mold; or (l) defined, prohibited, limited or regulated as a hazardous substance or hazardous waste under any rules or regulations promulgated under any Environmental Laws. Notwithstanding anything contained in this Lease to the contrary, components incorporated in the following office equipment and systems, and small quantities of fluids, powders, toner and similar materials routinely used in the operation thereof which are properly used, handled, stored in appropriate containers and disposed of in accordance with any and all applicable Legal Requirements, shall not be deemed Hazardous Substances for the purposes of this Lease: photocopying equipment; word processors; printers; telephone systems; computers; scanners; facsimile machines; binders; televisions; refrigerators; microwave ovens; or any similar or related equipment or systems now or hereafter routinely employed in connection with general office use.

Hazardous Substances. Tenant Lessee warrants, represents and covenants to Lessor that: a. The Lessee shall not (either with or without negligence) cause or permit within or conduct its operations on the Premises premises at all times in full compliance with all applicable federal, state and local environmental laws and regulations; b. Lessee will comply with all federal and state laws regulating the escapeuse of imported plant materials and transgenic plants, disposal and substances derived thereof; and c. Lessee will not store or release use in the premises any solid wastes, hazardous wastes, hazardous substances, toxic chemicals, pollutants, contaminants or other environmentally regulated substances (hereafter “Hazardous Substances”) in violation of any biologically- environmental laws or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall regulations; and d. Lessee will not allow the generation, storage or use dispose of any Hazardous Substances within the Premises in any manner that would potentially damage the Laboratory, any portion thereof or any other than normal quantities property of cleaning solvents controlled Lessee in the vicinity of the premises. e. Lessee shall comply with all reporting requirements as required by law in the event of any release of a Hazardous Material, and stored shall promptly inform Lessor of any such instance in accordance with the Legal RequirementsLessor’s Hazardous Material Response Plan, unless such attached hereto as Exhibit B. Lessee shall be solely liable and responsible for any spill, deposit, emission, disposal, release, generation, transportation, leakage, handling, management, storage, impact or contamination (a “Release”) by Hazardous Substances are generatedresulting from the Lessee’s activities on or occupancy of the premises. Lessee shall indemnify, stored or used in accordance with the Legal Requirements defend and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Lessor harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, claims, liens, suits, liabilities, costs, liabilities judgments and expenses (including attorneys’ fees) of every kind and nature suffered by or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term asserted against Lessor as a direct or indirect result of any Release by Lessee of Hazardous Substances Substances, any violation by the Lessee of any covenant of Lessee in this Section or of any warranty or representation made by Lessee in this Section being generatedfalse or untrue in any material respect. This indemnity provision shall survive for one (1) year following any termination of this Lease Agreement. In no event, used however, shall the Lessee be liable for any Release caused by the Lessor or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as agents of the result Lessor or by any other lessee or user of an abatement, treatment the Property or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseportion thereof.

Hazardous Substances. Tenant shall not This Exhibit H is attached to and made a part of that certain Lease Agreement (either with or without negligencethe "Lease") cause or permit within or on dated as of , 2006, by and between (the Premises "Landlord"), and SABRE INC., a Delaware corporation (the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous SubstancesTenant"). Tenant All capitalized terms used but not defined herein shall not allow have the generation, storage or use meaning assigned to them in other portions of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or Lease. Except general office supplies typically used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be an office area in the ordinary course of Tenant's business business, such as copier toner, liquid paper, glue, ink, and cleaning solvents, for use in the manner for which they were designed, and in accordance with the highest standards prevailing in the industry such amounts as may be normal for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described office business operations conducted by Tenant in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord in amounts which do not require a permit, neither Tenant nor its agents, employees, contractors, licensees, sublessees, assignees, or concessionaires shall use, handle, store, release, or dispose of any lender Hazardous Substances in, on, under, or governmental agency requires testing about the Premises or the Project in violation of applicable law. Tenant shall not cause or permit any Hazardous Substance to ascertain whether be used, stored, generated, or not there has been disposed of in the Project by Tenant, Tenant's agents, employees, or contractors. If any release Hazardous Substances are used, stored, generated, released, or disposed of Hazardous Substances, then on or in the reasonable costs thereof shall be reimbursed Premises or the Project by Tenant to Landlord upon demand as Additional Rent. In additionor Tenant's agents, employees, or contractors in violation of applicable laws, or if the Premises or Project becomes contaminated in any manner by Tenant, Tenant shall execute affidavitsindemnify, representations defend, and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold harmless Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damagesattorneys' fees, penalties, fines, costs, liabilities liabilities, or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise losses arising during or after the Term of this Lease and arising as a result of such contamination, release, or discharge. This indemnification includes any and all reasonable and necessary costs incurred because of any investigation of an environmental act of Tenant that requires any cleanup, remediation, removal, or restoration mandated by federal, state, or local agency or political subdivision. Tenant will notify Landlord immediately upon learning that (i) any duty described in this Exhibit H of the Lease has been violated, (ii) there has been a release, discharge, or disposal of any Hazardous Substance on or about the Premises or the Project, or (iii) that the Premises or the Project are subject to any third party claim or action, or threat thereof, because of an environmental condition in or originating from the Premises or arising in connection with the operation of Tenant's business. Upon written notice from Landlord to Tenant, Landlord will have the right to perform the removal and abatement of any Hazardous Substances being generated, used or disposed of in or on, or brought to, from the Premises by Tenant or its employees, agents, contractors or invitees, or as the result Project which arise out of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination Tenant's violation of this exhibit to the Lease, and all costs of abatement or removal of such Hazardous Substances, including environmental consultant fees, will be the obligation of Tenant.

Hazardous Substances. (a) During the term of this Lease, Tenant shall not (either with suffer, allow, permit or without negligence) cause the generation, accumulation, storage, possession, release or permit within or on the Premises the escape, disposal or threat of release of any biologically- or chemically-active or other hazardous substance or toxic substancesmaterial, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules, and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Landlord directly or after indirectly arising due to the Term as a result breach of any Hazardous Substances being generated, used or disposed of Tenant's obligations set forth in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Section. The within covenants Such indemnification shall survive the expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the demised premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. (b) Landlord hereby represents and warrants that, except as set forth in that certain Phase I Environmental Site Assessment dated December 20, 2004 prepared by ADR Environmental Group, Inc., and that certain Subsurface Investigation Results Report dated January 7, 2005 prepared by ADR Environmental Group, Inc.: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Shopping Center and has received no notice and has no knowledge of the presence in, on or under the Shopping Center of any such hazardous substances; (ii) to Landlord’s knowledge there have never been any underground storage tanks at the Shopping Center, whether owned by the Landlord or its predecessors in interest; (iii) to Landlord’s knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Shopping Center; (iv) to Landlord's knowledge it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Shopping Center; (v) to Landlord's knowledge there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Shopping Center; and (vi) to Landlord's knowledge there is no asbestos or asbestos-containing material in the demised premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Landlord. Landlord hereby indemnifies Tenant for any and all loss, cost, damage or expense to Tenant resulting from any misrepresentation or breach of the foregoing representations and warranties. (c) If any such hazardous substances are discovered at the Shopping Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the demised premises (unless introduced by the Tenant, its agents or employees), and removal, encapsulation or other remediation is required by applicable laws, the Landlord immediately and with all due diligence and at no expense to the Tenant shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Shopping Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Landlord shall repair and restore the Shopping Center at its expense. From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the demised premises which, in the Tenant’s reasonable judgment, cannot be safely, economically or practically used for the operation of the Tenant’s business. Anything herein to the contrary notwithstanding, if in the Tenant’s reasonable judgment, such removal, encapsulation, remediation and restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Landlord within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered and such condition materially adversely affects Tenant's ability to conduct normal business operations in the premises, then the Tenant may terminate this Lease by written notice to the Landlord within thirty (30) days after such 180 day period, which notice shall be effective on Landlord’s receipt thereof. Landlord shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Tenant, of asbestos related activities in the demised premises and the Shopping Center including, but not limited to, selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

Hazardous Substances. Tenant Without limiting the generality of Xxxxxx's obligations set forth in Section 6 of the Lease Form: (a) Prior to executing the Lease, Xxxxxx has completed, executed and delivered to Lessor the Hazardous Substances Questionnaire (the "Questionnaire"), a copy of which is attached to this Addendum as SCHEDULE 1. Lessee represents and warrants to Lessor that the information contained in the Questionnaire is true and correct and accurately describes the use(s) of Hazardous Substances which will be made or used on the Premises by Xxxxxx. Lessee shall commencing with the date which is one (1) year from the Commencement Date and continuing every year thereafter during the Lease Term, complete, execute and deliver to Lessor a Questionnaire (in the form set forth in SCHEDULE 1), describing Xxxxxx's present use of Hazardous Substances on the Premises, and any other reasonably necessary documents as requested by Xxxxxx. Lessee shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal RequirementsSubstance to be brought upon, unless such Hazardous Substances are generatedkept, stored or used in accordance with on or about the Legal Requirements and approved in advance in writing by LandlordIndustrial Center without the prior written consent of Lessor. Lessor hereby consents to Xxxxxx's use of the substances described on SCHEDULE 1. (b) Any handling, transportation, storage, treatment, disposal or use of Hazardous Substances by Lessee or its agents, contractors, licensees or invitees in or about the Industrial Center shall only be strictly comply with all Applicable Requirements. Lessee shall protect, indemnify, defend upon demand with counsel reasonably acceptable to Lessor, and hold harmless Lessor from and against any liabilities, losses, claims, damages, lost profits, consequential damages, interest, penalties, fines, monetary sanctions, attorneys' fees, experts' fees, court costs, remediation costs, investigation costs, and other expenses which result from or arise in any manner whatsoever out of the ordinary course use, storage, treatment, transportation, release or disposal of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state on or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within about the Premises and if Landlord or any lender the Industrial Center by Lessee or governmental agency requires testing to ascertain whether its agents, contractors, licensees or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding invitees. (c) If the presence of Hazardous Substances on the Industrial Center caused by Lessee or its agents, contractors, licensees or invitees results in contamination or deterioration of water or soil resulting in a level of contamination greater than the Premiseslevels established as acceptable by any governmental agency having jurisdiction over such contamination, then Lessee shall promptly take any and all action necessary to investigate and remediate such contamination and comply with all Applicable Requirements in connection therewith. FurtherLessee shall further be solely responsible for, Tenant and shall protect, defend, indemnify and save Landlord hold Lessor and its agents and employees harmless from and against any against, all claims, costs and all clean-up liabilities, including attorneys' fees and costs, remedial arising out of or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities in connection with any investigation or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after remediation required hereunder to return the Term as a result Industrial Center to its condition existing prior to the appearance of any such Hazardous Substances being generated, used or disposed Substances. (d) The provisions of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants this Paragraph 5 shall survive the expiration or earlier termination of this the Lease.

Hazardous Substances. (a) All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor, employee or subtenant of Tenant shall not (either at all times during the Term be in all respects in strict compliance with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "and all Local Requirements and Insurance Requirements relating to Hazardous Substances"), including, but not limited to, the discharge and removal of Hazardous Substances. Tenant shall not allow will keep the generation, storage or use Property free and clear of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatednecessary for the operation of the Facility (which Hazardous Substances shall be handled, stored or used and disposed of in accordance strict compliance with the Legal Requirements and approved in advance in writing by Landlord. Any use Insurance Requirements) and Tenant shall pay all costs required properly to use, handle and dispose of all Hazardous Substance and shall keep the Property free and clear of any lien relating, to Hazardous Substances shall only which may be in imposed pursuant to the ordinary course Legal Requirements and Insurance Requirements. Neither Tenant, nor any agent, contractor, employee or subtenant of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsallow the manufacture, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the storage, voluntary transmission or presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generatedover or upon the Property (except in strict compliance with the Legal Requirements and Insurance Requirements). Landlord shall have the right at any time with notice to Tenant to conduct an environmental audit of the Property and Tenant shall cooperate in the conduct of such environmental audit. Furthermore, used neither Tenant, nor any agent, contractor, employee or disposed any subtenant of Tenant shall install or permit to be installed in or on the Property friable asbestos or any substance containing, asbestos or similarly deemed hazardous by governmental authorities or the Legal Requirements respecting such materials, and with respect to any such materials currently present in the Property, shall promptly either, subject to the terms of the letter agreement of even date herewith between Landlord and Tenant, (x) remove any material which such Legal Requirements deem hazardous and require be removed, at its sole cost and expense, or (y) otherwise comply with the Legal Requirements. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by any regulatory agency or other governmental authority or any claims made by any third party relating to Hazardous Substances on, emanations on or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.from,

Hazardous Substances. (a) During the term of this Lease, Tenant shall not (either with suffer, allow, permit or without negligence) cause the generation, accumulation, storage, possession, release or permit within or on the Premises the escape, disposal or threat of release of any biologically- or chemically-active or other hazardous substance or toxic substancesmaterial, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Landlord directly or after indirectly arising due to the Term as a result breach of any Hazardous Substances being generated, used or disposed of Tenant’s obligations set forth in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Section. The within covenants Such indemnification shall survive the expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the Premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. (b) Prior to any renovation or demolition activities containing any asbestos containing materials or asbestos containing building materials, as defined by federal, state or local laws, ordinances, rules and regulations, which are the responsibility of Tenant hereunder, or in connection with any renovation or demolition by Tenant, Tenant shall notify Landlord at least thirty (30) days prior to commencing such renovation or demolition. Such notification shall include the scope of work to be performed and the schedule of the renovation or demolition. Tenant shall be responsible for compliance with all applicable asbestos and environmental regulations for its own employees and any other persons under their control or direction, including but not limited to employee training. (c) Tenant shall be solely responsible for the cost, and/or expense for the identification, containment, treatment, and/or required remediation activities associated with the removing of any “hazardous materials” which are brought to, created on, and/or disposed upon the Premises and/or Property by Tenant or any contractor, agent or employee of Tenant. As used in this Lease, the term “hazardous material” shall mean: (a) any “hazardous substance” as defined in §101(14) of the Comprehensive Environmental response, Compensation and Liability Act, 42 U.S.C. § 9601(14) amended; (b) any “hazardous waste”; (c) petroleum or petroleum products, crude oil or any by-products thereof, natural gas or synthetic gas used for fuel; and (d) any additional substances or materials which at some time are classified or considered to be hazardous or toxic under the laws of the State of Ohio or any other ordinances, laws and/or regulations of all governmental authorities having jurisdiction [the materials described in clauses (a) through (d) above are collectively referred to herein as “hazardous materials”]. The obligations of Tenant under this Section 37 shall survive the expiration or sooner termination of this Lease.

Hazardous Substances. Tenant In addition to Lessee's obligations pursuant to the terms and provisions of the Lease with respect to Hazardous Substances, Lessee shall not comply with the terms and provisions of this Paragraph 17. Lessee shall, within five (either 5) days after receipt thereof, furnish to Lessor copies of all notices and other communications received by Lessee with respect to any actual or without negligence) cause alleged release or permit within discharge of any hazardous material in or on about the Premises or the escapeProject and shall, disposal whether or not Lessee receives any such notice or communication, notify Lessor in writing of any discharge or release of Hazardous Substances by Lessee or anyone for whom Lessee is responsible in or about the Premises or the Project. In the event that Lessee is required to maintain any biologically- hazardous materials license or chemically-active permit in connection with any use conducted by Lessee or other hazardous any equipment operated by Lessee in the Premises, copies of each such license or toxic substancespermit, materials each renewal thereof and any communication relating to suspension, renewal or wastes revocation thereof shall be furnished to Lessor within five (collectively, "Hazardous Substances")5) days after receipt thereof by Lessee. Tenant Compliance by Lessee with the two immediately preceding sentences shall not allow the generation, storage or use relieve Lessee of any obligation of Lessee pursuant to this Paragraph and/or the other terms and provisions of the Lease. Within 180 days prior to the expiration of this Lease (or within thirty (30) days after any earlier expiration), Lessor may at its election retain a hazardous materials consultant to conduct a survey or audit of the Premises to determine whether or not Hazardous Substances within introduced by Lessee or its agents, employees or contractors are present in or about the Premises in any manner other than normal quantities of cleaning solvents controlled Premises. Lessee shall cooperate fully with Lessor and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be consultant in the ordinary course conduct of Tenant's business any such survey or audit and in accordance with the highest standards prevailing in the industry shall reimburse Lessor, as additional rent, for the generation, storage costs and use fees of such consultant within ten (10) days after receipt of Lessor's invoice therefor if the consultant determines that Lessee has violated the terms of the Lease regarding Hazardous Substances. Without limitation, Hazardous Substances shall include those described in If the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state audit or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding survey discloses the presence of Hazardous Substances introduced by Lessee, Lessee's remediation and indemnity obligations set forth in the PremisesLease shall apply to such Hazardous Substances. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after To the Term actual knowledge of Lessor as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination date of this Lease, no Hazardous Substance is present at the Project or the soil, surface water or groundwater thereof which is in violation of Applicable Laws in existence as of, and as interpreted as of, the date of this Lease. Subject to Section 6.2 and the other provisions of the Lease, Lessor hereby consents to Lessee's use of the Hazardous Substances as described in Exhibit "F" hereto and of normal office and cleaning supplies, in all cases in amounts and otherwise in compliance with Applicable Laws.

Hazardous Substances. Tenant Mortgagor warrants, covenants and represents to Mortgagee that the Mortgaged Property is free of Hazardous Substances (defined below). Mortgagor further warrants, covenants and represents that the Mortgaged Property is not subject to "superfund" type liens or claims by regulatory agencies or other party arising from the actual or threatened release, deposit, or existence of hazardous substances in, on or about the Mortgaged Property. Mortgagor agrees to indemnify, defend and hold Mortgagee harmless from and against any and all claims, penalties, forfeitures, suits or liabilities of any type or nature (including cost of defense, settlement and reasonable attorneys' fees) incurred by Mortgagee hereafter or for which Mortgagee shall become responsible for or pay as a result of any or all of the following: a. Death or bodily injury to any person; b. Damage to any property; c. Contamination of or detrimental effect upon environment; d. Violation of governmental laws, orders or regulations; which shall have resulted from or be due to the actual or threatened release of Hazardous Substances claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located in, on or about the Mortgaged Property. Mortgagor shall not (either with store, process or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use dispose of any Hazardous Substances or toxic materials on the Mortgaged Property, nor permit the storage, processing or disposal unless such storage, processing or disposal shall be done in compliance with all applicable laws and regulations. As used in this Mortgage, the term "Hazardous Substances" is defined to include any substances, wastes, contaminants or pollutants which are now or hereafter shall be included within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use definition of such term, or similar replacement term, under any federal, state or local statute, ordinance, code or regulation now existing or hereafter enacted or amended including, but not limited to, the Wisc. Stat. ss.144.442 et seq; Wisc. Stat. ss.144.75 et seq; Hazardous SubstancesWaste Management Act, Wisc. Without limitation, Hazardous Substances shall include those described in the Stat. ss.144.60 se seq; Wisconsin Petroleum EnvironmenTal Clean Up Fund ss.101.143 eq seq; and Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedAct, 42 U.S.C. Section 9601 Sec 9601, et seq., as amended by Superfund Amendments and Reauthorization Act of 1986. Mortgagee shall have the right, upon prior notice to Mortgagor, to conduct at any applicable state or local laws time an environmental audit, including soil samplings and borings and Mortgagor shall cooperate with Mortgagee in conducting such audit. In the regulations adopted under these acts. If Tenant uses event that such audit confirms the existence of Hazardous Substances within or toxic materials upon the Premises property, or Mortgagee was in possession of information from which Mortgagee reasonably suspected the existence of said substances and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancesmaterials, then all costs incurred by Mortgagee in obtaining the reasonable costs thereof audit shall become additional indebtedness secured by this Mortgage. Nothing herein shall be reimbursed by Tenant construed to Landlord obligate Mortgagee to conduct an environmental audit and it is expressly agreed that Mortgagee is relying upon demand as Additional Rent. In addition, Tenant shall execute affidavits, Mortgagor's representations and that the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence Mortgaged Property is free of Hazardous Substances in making its loan to Mortgagor. Mortgagor shall promptly provide Mortgagee with copies of all notices or reports received or submitted by him to or from any governmental agency or other third party with respect to the Premisesstorage, processing, disposal, release or threatened release of Hazardous Substances into or onto the Mortgaged Property or any adjacent property. FurtherMortgagor shall indemnify, Tenant shall indemnify defend, and save Landlord hold harmless Mortgagee from and against any and all clean-up costsclaim, remedial loss or restoration workdamage to which Mortgagee may be subjected from past, claimspresent, judgmentsor future use, damageshandling, penaltiesstorage, fines, costs, liabilities transportation or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result disposal of any Hazardous Substances being generated, used or disposed of in or on, or brought to, toxic materials upon the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesproperty herein mortgaged. The within covenants This indemnification shall survive the expiration or earlier termination foreclosure of this LeaseMortgage, but shall not cover or apply to any disposal, storage or deposit of Hazardous Substances or toxic materials first occurring after the date on which Mortgagee first becomes the fee owner and obtains possession of the Mortgaged Property.

Hazardous Substances. Tenant shall acknowledges it has received the Environmental Site Assessment dated June 14, 2013 prepared by AllWest Environmental, Inc. as project number 13089.20. Landlord represents it has not (either received any updated or new environmental report since that report and is not actually aware of any matter that would change AllWest’s conclusions and recommendations in that report. Tenant agrees to comply with or without negligence) cause or permit within or on all laws that govern the Premises the escapegeneration, disposal use, disposal, or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall agrees not allow to knowingly generate, use, store, dispose of, or release any hazardous substances in the generation, storage premises or use of any Hazardous Substances within at the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be property except in the ordinary course of Tenant's ’s business and in accordance with the highest standards prevailing all laws. Tenant agrees not to install any above-ground storage tanks in the industry for premises without Landlord’s consent. Tenant agrees not to install any underground tanks at the generationproperty. Tenant agrees to make all reports of any release of hazardous substances at the property of which it is aware to any governmental authority when required by law, storage and use to give Landlord notice as soon as is practicable of any such Hazardous Substancesreport it makes to any governmental authority. Without limitation, Hazardous Substances shall include those described in Tenant agrees to give Landlord written notice of any other actual or suspected release of or contamination by hazardous substances at the Comprehensive Environmental Response, Compensation and Liability Act property within 1 business day after Tenant becomes aware of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state the actual or local laws and the regulations adopted under these actssuspected release or contamination. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender other occupant of the premises generates, uses, disposes of, or governmental agency requires testing to ascertain whether releases any hazardous substances in the premises or not there has been anywhere else at the property in violation of any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionlaw, Tenant shall execute affidavitsagrees to promptly complete all clean up remediation as required by any governmental authority and in accordance with Landlord’s reasonable requirements, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save defend Landlord harmless from and against any and all clean-up costs, remedial or restoration work, related claims, judgmentsdemands, damagesand liabilities, penaltiesincluding reasonable attorney fees. Landlord agrees to indemnify and defend Tenant against all claims, finesdemands, costsand liabilities, liabilities or losses, including, without limitation, attorneys', consultants' and experts' including reasonable attorney fees, which arise during related to (i) Landlord’s generation, use, storage, or after the Term as a result disposal of any Hazardous Substances being generatedhazardous substance at the property in violation of law, used or disposed of in or and (ii) any hazardous substances in, on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteesunder, or about the premises as of the result date of an abatement, treatment or management required as the result this Lease in violation of any acts, negligence, repairs or alterations made by Tenant in the Premiseslaw. The within covenants shall indemnification obligations in this section will survive the expiration or earlier termination of this Lease.

Hazardous Substances. (a) Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow , as defined below, to be brought upon, kept or used in or about the generationPremises, storage the Building, or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal RequirementsLand by Tenant, its agents, employees, contractors or invitees, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of necessary for Tenant's business (and such business is a Permitted Use) and will be used, kept, and stored in accordance a manner that complies with the highest standards prevailing in the industry for the generationthis Lease and all laws, storage regulations and use of ordinances regulating any such Hazardous Substances. Without limitation, provided that Tenant first obtains the written consent of Landlord and provided further that Tenant indemnifies Landlord from and against any and all liability with respect to such Hazardous Substances shall include those as more particularly described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these actsbelow. If Tenant uses Hazardous Substances within breaches the Premises covenants and obligations set forth herein or, if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances on, in or about the Premises. FurtherPremises or any part of the Building or Land or any other property caused or permitted by Tenant, its agents, employees, contractors or invitees, results in contamination of the Premises or any part of the Building or Land or any other property or, if contamination of the Premises or any part of the Building or Land or any other property by Hazardous Substances otherwise occurs for which Tenant is legally liable to Landlord, then Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, and losses (including, without limitation, diminution in the value of the Premises, the Building or Land, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or any part of the Building or Land, and sums paid in settlement of claims, attorneys', consultants' and experts' fees, consultant fees and expert fees) which arise during or after the Lease Term as a result of such contamination. This indemnification by Tenant of Landlord includes without limitation any and all costs incurred in connection with any investigation of site conditions and any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of the presence of such Hazardous Substances being generated, used or disposed of in or onin, or brought toabout the Premises, the Premises by Tenant Building or its employees, agents, contractors Land or invitees, the soil or as ground water on or under the result Building or the surface of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesLand. The within covenants provisions of this section shall survive the expiration or earlier termination of this Lease. (b) For purposes of this section, the term "Hazardous Substances" means any hazardous, toxic, dangerous or harmful substances, materials, wastes, pollutants or contaminants, including, but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. 172.101) or by the Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and amendments thereto, or such substances, materials and wastes which are or become regulated under any applicable local, state or federal law (and any and all amendments thereto) including without limitation (i) the Resource Conservation and Recovery Act, 42 U.S.C. (S) 6901 et seq.; (ii) the Comprehensive ------ Environmental Response, Compensation, and Liability Act, 42 U.S.C. (S) 9601, et seq.; (iii) the Hazardous Materials ------ Transportation Act, 49 U.S.C. (S) 1801 et seq.; (iv) the Federal ------ Water Pollution Control Act, 33 U.S.C. (S) 1257 et seq.; (v) the ------ Clean Air Act, 42 U.S.C. (S) 7401 et seq.; (vi) the Toxic ------ Substances Control Act, 15 U.S.C. (S) 2601 et seq.; (vii) the ------ Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. (S) 136 et seq.; and (viii) the Washington Hazardous Substance and Model ------ Toxics Control Acts, Chapters 70.105 and 70.105C RCW. The term specifically includes petroleum, asbestos, polychlorinated biphenyls, and any other substance or matter defined as a toxic or hazardous substance or material or pollutant or contaminant under any other federal, state or local laws, ordinances or regulations or under any reported decision of a state or federal court, or any substance or matter imposing liability for cleanup costs or expenses on any person or entity under any statutory or common law theory. The term shall also be interpreted to include but not be limited to any substance which after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer and/or genetic abnormalities, and oil and petroleum based derivatives. The term shall not include materials used in the ordinary course of normal office operations and otherwise used and disposed of in accordance with applicable laws and regulations.

Hazardous Substances. Landlord represents and warrants to Tenant that to the best of its knowledge as of the date of this lease, there are no Hazardous Substances located in, on or under the building or the Project other than as disclosed to Tenant in writing; provided that, for purposes of the foregoing representation and warranty, "Hazardous Substances" shall mean those substances which are as of the date of this lease regulated by local, state or federal law or regulation requiring removal or other remediation, warning or restrictions on use, generation, storage, disposal or transportation to the extent those substances are present in quantities which are deemed hazardous by such laws or regulations. For purposes of the remainder of this Paragraph 28, "Hazardous Substances" shall mean those substances which are now or hereafter regulated by local, state or federal law or regulation requiring removal or other remediation, warning or restrictions on use, generation, storage, disposal or transportation to the extent those substances are present in quantities which are deemed hazardous by such laws or regulations. Landlord shall indemnify and hold Tenant harmless from and against all claims, costs, damages and liabilities, including attorneys' fees and costs, arising out of or in connection with the presence of any Hazardous Substances in, on or under the building or the Project to the extent such presence is caused by Landlord or such presence existed prior to the date of this lease. Landlord's obligations hereunder shall survive the termination of this lease. Tenant, at its sole cost, shall comply with all laws relating to its storage, use, generation, transportation, disposal and release of Hazardous Substances. If Tenant does store, use, generate, transport or dispose of any Hazardous Substances, Tenant shall notify Landlord in writing at least ten (10) days prior to their first appearance on the premises; provided, however, that Tenant shall not (either have to give such notice with regard to incidental quantities of any such Hazardous Substances present in products stored, used or without negligence) cause otherwise brought onto the premises for general office and/or janitorial purposes. Tenant shall be solely responsible for and shall defend, indemnify and hold Landlord and its agents, employees and representatives harmless from and against all claims, costs, damages and liabilities, including attorneys, fees and costs, arising out of or permit within in connection with Tenant's, or on the Premises the escapeTenant's agents, contractors or employees, storage, use, generation, transport, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, any such claims, costs, damages and liabilities, including attorneys'' fees and costs, consultants' arising out of or in connection with any investigation, testing, removal, clean-up, remediation and/or restoration services, work, equipment and experts' feesmaterials necessary to remove or otherwise satisfactorily remediate the contamination and any related problems actually caused by Tenant's, which arise or Tenant's agents, contractors or employees, use, storage, generation, transportation, disposal or release of Hazardous Substances in, on or around the premises or the Project; but it is understood and agreed that Tenant shall not be responsible, and Landlord releases Tenant from liability for, Hazardous Substances contamination in, on or around the premises, including without limitation investigation, testing, remediation and/or restoration costs related thereto, that is not actually caused by the storage, use, generation, transport, disposal or release of Hazardous Substances by Tenant or Tenant's agents, contractors or employees. Tenant's obligations hereunder shall survive the termination of this lease. If at any time during or after the Term term of this lease, as a result it may be extended, Tenant becomes aware of any inquiry, investigation, administrative proceeding, or judicial proceeding Joy any governmental agency regarding the storage, use or disposition of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteesemployees on or about the premises or the Project, Tenant shall within five (5) days after first learning of such inquiry, investigation or proceeding give Landlord written notice advising Landlord of same. Landlord and Tenant agree that this Paragraph 28 is intended to delineate the parties' respective rights and obligations regarding the presence of Hazardous substances in, on or around the premises or the Project and that other provisions of this lease shall not be construed to expand, or as the result of an abatementlimit, treatment such rights or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseobligations.

Hazardous Substances. (a) Tenant shall not (either with or without negligence) cause or permit within or on will keep the Premises the escape, disposal or release Facility free and clear of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any all Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such those Hazardous Substances which are generatedrequired for the operation of the Facility (which Hazardous Substances shall be handled, stored or used and disposed of in accordance strict compliance with the Legal Requirements and approved Insurance Requirements) and Tenant shall pay all costs required to properly use, handle and dispose of all Hazardous Substances introduced by Tenant or its Agents (as defined below) or otherwise first arising on the Property after the Commencement Date as and when due and Tenant will keep the Property free and clear of any lien relating to Hazardous Substances first arising on the Property after the Commencement Date which may be imposed pursuant to the Legal Requirements and imposed as a result of the presence of such Hazardous Substance at the Facility. For the purposes of this Article, the term “Property” shall also include, in advance addition to the items specified in Section 2.1, all air, soil, groundwater, surface water or soils vapor at, on, about, under or within any portion of the Land. All operations or activities upon, or any use or occupancy of the Property, or any portion thereof, by Tenant, or any agent, contractor or employee, or subtenant of Tenant (any of the foregoing being defined herein as Tenant’s “Agent”) shall at all times during the Term be in all respects in strict compliance with any and all Legal Requirements relating to Hazardous Substances, including, but not limited to, the discharge and removal of Hazardous Substances. Tenant will not, nor will Tenant permit, any agent, contractor or employee of subtenant of Tenant, to allow the manufacture, storage, voluntary transmission or presence of any Hazardous Substances over or upon the Property or any portion thereof (except in strict compliance with the Legal Requirements). Landlord shall have the right at any time to conduct, at its cost, an environmental audit of the Property or any portion thereof and Tenant shall cooperate in the conduct of such environmental audit. Furthermore, neither Tenant will, nor will Tenant permit any Agent to, install or permit to be installed (except in strict compliance with applicable Legal Requirements), in or on the Property or any portion thereof friable asbestos or any substance containing asbestos or similarly deemed hazardous by governmental authorities or the Legal Requirements respecting such materials. Tenant shall promptly notify Landlord in writing of any order, receipt of any notice of violation or noncompliance with any applicable law, rule, regulation, standard or order, any threatened or pending action by Landlord. Any use any regulatory agency or other governmental authority, or any claims made by any third party, in each case relating to Hazardous Substances on, emanations of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationon or from, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence releases of Hazardous Substances on or from, or threats of releases on or from any of the Property; and shall promptly furnish the Landlord with copies of any correspondence, 05191N:091419:828868:7:NASHVILLE notices, or legal pleadings in connection therewith. Landlord shall have the Premises. Furtherright, but shall not be obligated, to notify any governmental authority of any state of facts which may come to its attention with respect to Hazardous Substances on, released from or emanating from any part of the Property which Landlord reasonably believes may cause harm to any persons or property. (b) Without limiting Section 20.1, Tenant shall indemnify agrees to indemnify, protect, defend (with counsel reasonably approved by Landlord) and save Landlord hold Landlord, and the directors, officers, shareholders, employees and agents of Landlord, harmless from and against any and all clean-up costsclaims (including, remedial without limitation, third party claims for personal injury or restoration workreal or personal property damage, claimsor natural resources damage), actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlements of claims), interest or losses, including reasonable attorneys’ and paralegals, fees and expenses (including any such fees and expenses incurred in enforcing the covenants and obligations of Tenant under this Lease or collecting any sums due hereunder), consultant fees, and expert fees, together with all other costs and expenses of any kind or nature that arise directly or indirectly from or in connection with the presence, suspected presence, release or threatened release of any Hazardous Substance in or into or at, on, about, under or within the Property, or any portion thereof, as a result of the acts or omissions of Tenant or its Agents during the Term of this Lease (collectively, the “Costs”). The indemnification provided in this subsection (b) shall specifically apply to and include claims or actions brought by or on behalf of employees of Tenant, or contractors, or employees of contractors of Tenant and Tenant hereby agrees not to raise as a defense to its indemnification obligations any immunity to which Tenant may otherwise be entitled under any industrial or worker’s compensation laws. In the event Landlord shall suffer or incur any such Costs, Tenant shall pay to Landlord the total of all such Costs suffered or incurred by Landlord upon demand therefor by Landlord. Without limiting the generality of the foregoing, the indemnification provided by this subsection (b) shall specifically cover Costs, including capital, operating and maintenance costs, incurred in connection with any investigation or monitoring of site conditions, any clean-up, containment, remedial, removal or restoration work required or performed by any Federal, state or local governmental agency or political subdivision or performed by any non-governmental entity or person because of the presence, suspected presence, release or suspected release of any Hazardous Substance in or into the air, soil, groundwater, surface water or soil vapor at, on, about, under or within the Property (or any portion thereof), and any claims of third parties for loss or damage due to such Hazardous Substance. In addition, the indemnification provided by this subsection (b) shall include, without limitation, all loss or damage sustained by Landlord or any third party due to any Hazardous Substance that migrates, flows, percolates, diffuses or in any way moves onto, into or under the air, soil, groundwater, surface water or soil vapor at, on, about, under or within the Property (or any portion thereof); provided, however, that the indemnification obligation above shall apply solely to the extent that such loss or 24 05191N:091419:828868:7:NASHVILLE damage is attributable to the acts or omissions of Tenant or its Agents during the Term of this Lease and shall not apply to the extent such loss or damage is attributable to the gross negligence or willful misconduct of Landlord. (c) In the event any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal or other remedial work is required under any applicable Legal Requirement, any judicial order, or any order of any governmental entity, or in order to comply with any agreements affecting all or any portion of the Property because of, or in connection with, any occurrence or event described in subsection (b) above (collectively, the “Remedial Work”), Tenant shall perform or cause to be performed the Remedial Work in compliance with such law, regulation, order or agreement and subject to the final review and approval of Landlord for compliance with Legal Requirements; provided, that Tenant may withhold such compliance pursuant to a good faith dispute regarding the application, interpretation or validity of the law, regulation, order, or agreement, subject to the requirements of subsection (d) below; provided, however, that Landlord shall reasonably cooperate with Tenant to the extent necessary to deliver such authorization as may be required in order for Tenant to perform its obligations under this subsection (c). All Remedial Work shall be performed by one or more contractors, selected by Tenant and approved in advance in writing by Landlord in its reasonable discretion, and under the supervision of a consulting engineer, selected by Tenant and approved in advance in writing by Landlord in its reasonable discretion. All reasonable costs and expenses of such Remedial Work shall be paid by Tenant, including, without limitation, attorneys'the reasonable charges of such contractor(s) and/or the consulting engineer and reasonable costs incurred by Landlord “in house”, consultants' (such as photocopying charges and experts' feestravel costs for Landlord’s employees) in connection with monitoring or review of such Remedial Work. In the event Tenant shall fail timely to commence, which arise during or after cause to be commenced, or fail diligently to prosecute, or cause to be prosecuted, to completion, or fail to complete, or cause to be completed, to Landlord’s reasonable satisfaction, such Remedial Work in compliance with Legal Requirements, Landlord may, but shall not be required, to cause such Remedial Work to be performed, and all costs and expenses thereof, or incurred in connection therewith, shall be Costs within the Term meaning of subsection (b) above. All such Costs shall be due and payable upon demand therefor by Landlord. If Tenant fails to perform its obligations hereunder, Landlord shall be subrogated to any rights Tenant may have under any indemnifications from any present, future or former owners, tenants or other occupants or users of the Property (or any portion thereof), relating to the matters covered by this Section 8.4. (d) Notwithstanding any provision of this Section 8.4 to the contrary, but without limiting the provisions of Article 13 or Tenant’s obligations of protection, defense and indemnification under Section 8.4(b), Tenant will be permitted to contest or cause to be contested, subject to compliance with the requirements of this subsection (d) and Article 13, by appropriate action any Remedial Work requirement, and Landlord shall not perform such requirement on its behalf, so long as a result Tenant has 05191N:091419:828868:7:NASHVILLE given Landlord Notice that Tenant is contesting or shall contest or cause to be contested the same, and Tenant actually contests or causes to be contested the application, interpretation or validity of the governmental law, regulation, order or agreement pertaining to the Remedial Work by appropriate proceedings conducted in good faith with due diligence; provided, such contest shall not subject Landlord to civil liability and does not jeopardize Landlord’s interest in the Property or affect in any way the payment of any Hazardous Substances being generatedsums to be paid under this Lease. Tenant shall give such security or assurances as may be reasonably required by Landlord to insure compliance with the legal requirements pertaining to the Remedial Work (and payment of all costs, used expenses, interest and penalties in connection therewith) and to prevent any sale, forfeiture or disposed loss by reason of in such nonpayment or on, or brought to, the Premises by noncompliance. (e) The obligations of Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants under this Section 8.4 shall survive the expiration or earlier termination of this Lease. Any costs and other payments required to be paid by Tenant to Landlord under this Section 8.4 which are not paid within ten (10) days after a written demand therefor, shall thereupon be considered delinquent. Tenant shall pay to Landlord immediately upon demand therefor interest on such overdue amounts, from the date when due until paid, at the Overdue Rate.

Hazardous Substances. Tenant shall will not (either with or without negligence) cause or permit within or on the Premises the escapeuse, disposal store, generate, --------------------- manufacture, transport, dispose of or release any Hazardous Substance (as that term is hereinafter defined) in or about the Property, except for immaterial amounts that are exempt from or do not give rise to any violation of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")applicable law. Tenant shall not allow the generation, storage agrees to indemnify and hold Landlord harmless from any liability or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored expense incurred by or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course claimed against Landlord as a result of Tenant's business and breach of the covenant contained in accordance with the highest standards prevailing in the industry for the generationthis paragraph (including, storage and use of such Hazardous Substances. Without without limitation, the fees of Landlord's attorneys and consultants and the cost of any required remediation or clean-up). The foregoing covenant will survive the termination of this Lease. For the purposes of this Section 17, the term "Hazardous Substances shall include Substance" means any "hazardous substance", "Toxic substance" (as those described terms are defined in the Comprehensive Environmental Response, Compensation compensation and Liability Act of 1980Act), "hazardous waste" (as amendedthat term is defined in the Resource conservation Recovery Act), 42 U.S.C. Section 9601 et seq.polychlorinated biphenyis, asbestos, radioactive material or any applicable other pollutant, contaminant or hazardous, dangerous or toxic chemical, material or substance which is regulated by any federal, state or local laws and law, regulation, ordinance or requirement. To the regulations adopted under these acts. If Tenant uses extent any remediation of any Hazardous Substances within Substance is required at the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term Property as a result of any Hazardous Substances being generatedoccurrence which is beyond the reasonable control of either Landlord or Tenant, used or disposed of in or on, or brought to, then the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result costs of any such remediation will be shared equally by Landlord and Tenant. Notwithstanding anything to the contrary contained herein, Landlord hereby acknowledges and agrees that Tenant will not have any liability for the presence of any Hazardous Substance disclosed in any Phase I environmental assessment report obtained by Landlord prior to its acquisition of the Property, nor will Tenant have any liability for the presence of any Hazardous Substance which was present on or about the Property prior to the date of Tenant's occupancy thereof (unless caused by Tenant's intentional or negligent acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease).

Hazardous Substances. Tenant At the expiration of the lease term, Lessee shall not (either with or without negligence) cause or permit within or on surrender possession of the Premises to Lessor free of Hazardous Materials resulting from or attributable to Lessee’s use and occupancy of the escapePremises during the terms of this lease in concentrations that exceed permissible limits established by applicable laws, disposal ordinances and regulations. Lessee shall obtain, at its expense, a Phase I Environmental report to be delivered to Lessor at the end of the term certifying the Premises are free from Hazardous Materials. Lessee shall indemnity, defend and hold Lessor free and harmless from and against (a) all costs and expense of complying with requirements of cognizant governmental agencies, including the costs of (i) any required or release necessary remediation, cleanup, or detoxification of the Premises, (ii) the repair of any biologically- damage to the Premises caused in connection therewith or chemically-active as a result thereof, and (iii) the preparation of any disclosure or other required plans, which such actions are required or necessary during or following the lease of the Property, (b) any fines and/or penalties imposed or sought to be imposed by any such governmental agencies, (c) any claims, liabilities, demands, losses, costs, expenses, litigation liabilities, damages and recoveries with respect to injuries or damages to persons or to Property, in each case to the full extent that such actions, fines, penalties, or claims are necessitated by or are attributable to Premises, or the use, generation, storage, release or disposal of Hazardous Materials by Lessee upon, in or from the Premises during the term of this Lease, and (d) any attorneys’ fees and related costs incurred by Lessor as the result of a default by Lessee in the performance of its obligations hereunder. The indemnification obligation of Lessee hereunder shall survive and shall extend to claims arising after the termination of this Lease. 21.1 For the purpose of this section, Hazardous Materials shall include, but not be limited to, substances defined as “hazardous substances”, “hazardous materials” or “toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described ” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 Sec. 9061, et seq.: Hazardous Materials Transportation Act, any applicable state 49 U.S.C. Sec. 1801; and Resource Conservation and Recovery Act, 42 U.S.C. Sec.6901 et seq.; and those substances defined as hazardous wastes” in Sec. 25117 of the California Health and Safety Code or local laws as “hazardous substances” in Section 25316 of the California Health & Safety Code; and in the regulations adopted under these acts. If Tenant uses Hazardous Substances within and publications promulgated pursuant to said laws. 21.2 Lessor shall provide Lessee with reasonable access to the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive following the expiration or earlier termination of the terms of this LeaseLease for the purpose of carrying out any of the actions or work required to be performed by lessee under this Section 21 during any period in which Lessor is performing any refurbishing or renovations preparations to the renting of the Building to a successor tenant. Should Lessee’s work extend beyond the period required by Lessor for any such refurbishing or renovations, Lessee shall pay rent to Lessor at the hold-over rate set forth in this Lease to the extent that Lessee’s continuing activities, if any, under this Section 21 Interfere with the actual possession and use of the Building by a successor tenant.

Hazardous Substances. Tenant Lessee shall not keep the Leased Premises, Exclusive Parking Area and the Real Property free from contamination by or from any hazardous substances or hazardous waste (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless as such Hazardous Substances terms are generated, stored or defined and/or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be applicable state or federal law or in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationregulations issued thereunder including, storage and use of such Hazardous Substances. Without without limitation, Hazardous Substances shall include those described in the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980Act) (collectively, “Hazardous Substances”) caused by the Lessee or its employees, contractors, agents, or invitees; except such as amendedare utilized in conjunction with Lessee’s business operations and then in compliance with all applicable laws. Lessee also agrees that it will not store, 42 U.S.C. Section 9601 et seq.utilize or engage in operations at or upon the Leased Premises, any applicable state or local laws Exclusive Parking Area and the regulations adopted under these acts. If Tenant uses Hazardous Substances within Real Property or affecting the Premises Leased Premises, Exclusive Parking Area and if Landlord the Real Property which involve the generation, manufacture, refining, transportation, treatment, storage, handling or any lender or governmental agency requires testing to ascertain whether or not there has been any release disposal of Hazardous Substances, then and Lessee will at all times comply with and conform to all laws, statutes, ordinances, rules, regulations, notices and orders of all governmental and regulating authorities or any board of fire underwriters, or any insurance organization or company with respect to the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additiontreatment of any Hazardous Substances on or which affect the Leased Premises, Tenant shall execute affidavits, representations Exclusive Parking Area and the like from time Real Property. Lessee shall not cause or permit to time at Landlordexist as a result of an intentional or unintentional action or omission on its part or on the part of any of Lessee's request concerning Tenant's best knowledge and belief regarding agents any releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping from, on or about the presence Leased Premises, Exclusive Parking Area or the Real Property of any such Hazardous Substances. Lessee shall furnish to Lessor a list of all Hazardous Substances Lessee uses in connection with its use of the PremisesLeased Premises and Exclusive Parking Area and shall update the list whenever an additional Hazardous Substance is used at the Leased Premises or Exclusive Parking Area. FurtherLessee shall indemnify, Tenant shall indemnify defend and save Landlord harmless hold harmless, Lessor, its successors and assigns, and any officer, director, shareholder, employee or agent of Lessor from and against any and all clean-up liability, damages, costs, remedial or restoration work, claims, judgmentssuits, damagesactions, legal or administrative proceedings, interests, losses, expenses, penalties, fines, costsand attorneys' fees to the extent resulting from or arising out of, liabilities or lossesin any way connected with, includinginjury to, without limitationor the death of, attorneys'any person (including any indemnified party) or physical damage to property of any kind wherever located and by whomever owned (including that of any indemnified party) arising out of, consultants' or in any way connected with, the presence on, in or under the Leased Premises, Exclusive Parking Area and experts' fees, which arise during or after the Term as a result Real Property of any Hazardous Substances being generatedbut only to the extent such Hazardous Substances were brought onto the Leased Premises, used or disposed of in or onExclusive Parking Area and/or the Real Property by Lessee, or brought to, the Premises by Tenant or its employees, contractors, agents, contractors licensees, invitees or invitees, or as the result of guests. This indemnification is an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants independent covenant and shall survive the expiration or earlier termination of this Lease. Except to the extent of any Hazardous Substances revealed in the Phase I Environmental Site Assessment of the Real Property conducted by Environmental Resources Management dated August 2006, as Work Order No. 54165 (“Phase I Report”) a copy of which has been delivered to Lessee, Lessor shall indemnify, defend and hold Lessee harmless from any liability incurred by Lessee as a result of any claim arising from the presence of any Hazardous Substances (including any mold or asbestos existing in the Leased Premises prior to Lessee’s early entry onto the Leased Premises) on, in or under the Leased Premises, Exclusive Parking Area and/or the Real Property which has been proven to have: (i) occurred prior to the date of early entry by Lessee onto the Leased Premises; or (ii) been caused by Lessor or its employees, contractors or agents, unless it is shown that Hazardous Substances were introduced in or under the Leased Premises, Exclusive Parking Area or the Real Property by the act or omission of Lessee, or its employees, contractors, agents, licensees, invitees, guests, successors, assigns or sublessees, if any. Lessor shall comply with all Applicable Laws to remediate any contamination of the Real Property by Hazardous Substances unless caused by Lessee or its employees, contractors, agents, licensees, invitees, guests, successors, assigns or sublessees. Lessor represents and warrants that, to Lessor’s knowledge, except as may be set forth in the Phase I Report, as of the date of early entry by Lessee onto the Leased Premises or Exclusive Parking Area, there are no Hazardous Substances located in, on or under the Leased Premises, Exclusive Parking Area and the Real Property.

Hazardous Substances. Tenant 4.20.1 Neither Tenant, any of Tenant’s Agents nor any other person shall not (either with store, place, generate, manufacture, refine, handle, or without negligence) cause locate on, in, under or permit within around the Land or on Building any Hazardous Substance, except for storage, handling and use of reasonable quantities and types of cleaning fluids and office supplies in the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course and the prudent conduct of Tenant's ’s business and in accordance with the highest standards prevailing in the industry for Premises. Tenant agrees that (a) the generationstorage, storage handling and use of such Hazardous Substances. Without limitation, permitted Hazardous Substances shall include those described must at all times conform to all Governmental Requirements and to applicable fire, safety and insurance requirements; (b) the types and quantities of permitted Hazardous Substances which are stored in the Comprehensive Environmental Response, Compensation Premises must be reasonable and Liability Act appropriate to the nature and size of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within Tenant’s operation in the Premises and if Landlord reasonable and appropriate for a first-class building of the same or similar use and in the same market area as the Building; and (c) no Hazardous Substance shall be spilled or disposed of on, in, under or around the Land or Building or otherwise discharged from the Premises or any lender area adjacent to the Land or governmental agency requires testing Building. In no event will Tenant be permitted to ascertain whether store, handle or not there use on, in, under or around the Premises any Hazardous Substance which will increase the rate of fire or extended coverage insurance on the Land or Building, unless: (1) such Hazardous Substance and the expected rate increase have been specifically disclosed in writing to Landlord; (2) Tenant has been agreed in writing to pay any release of rate increase related to each such Hazardous SubstancesSubstance; and (3) Landlord has approved in writing each such Hazardous Substance, then the reasonable costs thereof which approval shall be reimbursed by Tenant subject to Landlord upon demand as Additional Rent. In addition, Landlord’s discretion. 4.20.2 Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at hold harmless Landlord and Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless ’s Agents from and against any and all Claims arising out of any breach of any provision of this Section 4.20, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costscosts and environmental consultants’ fees. Tenant agrees that Landlord may be irreparably harmed by Tenant’s breach of this Section 4.20 and that a specific performance action may appropriately be brought by Landlord; provided that, remedial Landlord’s election to bring or restoration worknot bring any such specific performance action shall in no way limit, claimswaive, judgmentsimpair or hinder Landlord’s other remedies against Tenant. 4.20.3 As of the execution date of this Lease, damagesTenant represents and warrants to Landlord that, penaltiesexcept as otherwise disclosed by Tenant to Landlord, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of Tenant has no intent to bring any Hazardous Substances being generatedon, used or disposed of in or on, or brought to, under the Premises by Tenant or its employees, agents, contractors or invitees, or as except for the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant type and quantities authorized in the Premises. The within covenants shall survive the expiration or earlier termination first paragraph of this Leasesubsection 4.20.1.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escapeany hazardous material to be brought upon, disposal or release of any biologically- or chemically-active or other hazardous or toxic substanceskept, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with or about the Legal Requirements and approved in advance in writing Premises by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitationits agents, Hazardous Substances shall include those described in the Comprehensive Environmental Responseemployees, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state contractors or local laws and the regulations adopted under these actsinvitees. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancesare, through Tenant’s fault, contaminated by hazardous materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, losses (including without limitation, attorneys'diminution in value or useable space or of any amenity of the Premises), consultants' damages arising from any adverse impact on marketing of space, and experts' sums paid in settlement of claims, attorney’s fees, consultants fees and expert fees (including any appeals) which arise during or after the Term lease term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises such contamination. This indemnification by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or its employeesany clean up, agentsremediation, contractors removal or inviteesrestoration work required by any federal, state or as local government agency or political subdivision because of hazardous material present in the result of an abatement, treatment soil or management required as the result of any acts, negligence, repairs ground water on or alterations made by Tenant in under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises is detected, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the contamination or introduction of such hazardous material to the Premises; provided, however, that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, so long as such actions would not potentially have any material adverse effect on the Premises. As used herein, the term “hazardous materials” means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local government authority, the State of Florida or the United States government. The within covenants shall survive term “hazardous material” includes, without limitation, any material or substance that is (1) defined as a “hazardous substance” under appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a “hazardous substance” pursuant to Section 311 of the expiration Federal Water Pollution Control Act (33 USC 1321), (5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 690), (6) defined as a hazardous substance pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601), or earlier termination (7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act (the regulation of this Leaseunderground storage tanks), (42 USC 4991).

Hazardous Substances. Tenant (1) Lessee shall not keep on or about Lease Area any Hazardous Substance unless both of the following applies: (either a) Hazardous Substance is necessary to carry out Lessee’s Permitted Use under this Lease; and (b) Lessee fully complies with all federal, state, and local laws, regulations, statutes, and ordinances now in existence or without negligenceas subsequently enacted or amended pertaining to the use, presence, transportation, or generation of Hazardous Substances. (2) cause Lessee shall immediately assume responsibility for Hazardous Substance release (spill) caused by Lessee on or permit within adjoining Lease Area. Responsibility includes, but is not limited to the following: (a) Immediately notify all necessary emergency response agencies, as required under federal, state, and local laws, regulations, or policies. (b) Follow emergency response agency notifications and notify State of all spill releases, and Lessee actions completed for spill reporting, and Lessee’s actions planned or completed spill cleanup as provided in this Lease for Non-Fire Emergencies. At Lessee’s sole expense, conduct all actions necessary to mitigate the spill release. (c) Other than performing initial Emergency response cleanup and containment actions, obtain approvals in advance of all site cleanup actions (e.g., site characterization investigations, feasibility studies, site cleanup and confirmation sampling, and groundwater monitoring) conducted on the Premises the escapeLease Area and State Land, disposal or in coordination with regulatory agencies and State. (d) Be familiar with all necessary Hazardous Substance spill release notification and response mitigation requirements in advance of conducting Lessee operations on Lease Area. (3) Lessee shall immediately notify State of any biologically- of the following: (a) All failures to comply with any federal, state, or chemically-active local law, regulation, or other hazardous ordinance, as now enacted or toxic substancesas subsequently enacted or amended with respect to the use, materials presence, transportation, or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use generation of Hazardous Substances shall only be in the ordinary course in, on, about, or adjacent to Lease Area; (b) All inspections of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationLease Area by, storage and use of such Hazardous Substances. Without limitationor any correspondence, orders, citations, or notifications from, any regulatory entity concerning Hazardous Substances shall include those described in affecting Lease Area; (c) All regulatory orders or fines, or all response or interim cleanup actions taken by or proposed to be taken by any government entity or private party concerning the Comprehensive Environmental Responseuse, Compensation and Liability Act of 1980presence, as amendedtransportation, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence generation of Hazardous Substances in the Premises. Furtherin, Tenant on, about, or adjacent to Lease Area; (d) On request, Lessee shall indemnify and save Landlord harmless from and against provide copies to State of any and all clean-up non- privileged correspondence, pleadings, and reports received by or required of Lessee or issued or written by Lessee or on Lessee’s behalf with respect to the use, presence, transportation, or generation of Hazardous Substances in, on, about, or adjacent to Lease Area. (4) Lessee shall be fully and completely liable to State, and, to the extent permitted by law, shall indemnify, defend (with counsel acceptable to State, and State’s consent shall not be unreasonably withheld), and save harmless State and its employees, officers, and agents from any and all damages, costs, remedial or restoration work, claims, judgments, damagesfees (including attorneys’ fees and costs), penalties, finesand oversight costs arising from Lessee’s use, costsdisposal, liabilities transportation, generation, or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result sale of any Hazardous Substances being generated, used or disposed that of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of Lessee’s Permittees and for any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination breach of this LeaseSection.

Hazardous Substances. (a) Tenant shall represents and warrants that its use of the Leased Premises will not (either with generate any Hazardous Substance, and it will not store or without negligence) cause or permit within or dispose on the Leased Premises nor transport to or over the escape, disposal or release Leased Premises any Hazardous Substance. Tenant further represents and warrants that its installation and maintenance of its Tower Facilities will not involve the bringing of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")asbestos containing material onto the Property. Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing further agrees to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and indemnify Landlord against any release of any such Hazardous Substance and any damage, loss, or expense or liability resulting from such release including all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' ’ fees, which arise during or after the Term costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. Landlord shall be responsible for any release of a Hazardous Substance caused by Landlord, including any damage, loss, or expense or liability resulting from such release. “Hazardous Substance” shall be interpreted broadly to mean any substance or material defined or designated, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. (b) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. (c) In the event Tenant becomes aware of any Hazardous Substances being generated, used or disposed of in or onhazardous materials on the Property, or brought toany environmental or industrial hygiene condition or matter relating to the Property that, in Tenant’s reasonable determination, renders the condition of the Leased Premises by Tenant or its employees, agents, contractors or inviteesunsuitable for Tenant’s use, or if the leasing or continued leasing of the Leased Premises would expose Tenant to undue risks of government action, intervention or third-party liability, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate the Agreement upon notice to Landlord. (d) Notwithstanding anything to the contrary herein, Tenant shall have the right to store and use standard quantities of batteries, diesel fuel for backup generators, and any other substances required for the operation of Tenant’s Tower Facilities so long as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant it does so in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasefull compliance with all applicable laws.

Hazardous Substances. (a) Tenant shall not (either with agrees that any and all handling, transportation, storage, treatment, disposal, or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant in or about the Project shall strictly comply with all applicable Environmental Laws. (b) Tenant agrees to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save defend Landlord harmless from and against any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgments, damages, penalties, fines, attorney’s fees, expert fees, court costs, liabilities remediation costs, investigation costs, or lossesother expenses resulting from or arising out of the use, includingstorage, without limitationtreatment, attorneys'transportation, consultants' release, or disposal of Hazardous Substances on or about the Project by Tenant. (c) If the presence of Hazardous Substances on the Project caused or permitted by Tenant results in the contamination or deterioration of the Project or any water or soil beneath the Project, Tenant shall promptly take all action necessary to investigate and experts' feesremedy that contamination. (d) Landlord and Tenant each agree to promptly notify the other of any communication received from any governmental entity concerning Hazardous Substances or the violation of Environmental Laws that relate to the Project. (e) Tenant shall not use, which arise during handle, store, transport, generate, release, or after the Term as a result dispose of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or inviteesunder, or about the Project, except that Tenant may use (i) small quantities of common chemicals such as adhesives, lubricants, and cleaning fluids in order to conduct business at the result Leased Premises and (ii) other Hazardous Substances that are necessary for the operation of an abatement, treatment or management required as Tenant’s business and for which Landlord gives written consent prior to the result of any acts, negligence, repairs or alterations made by Tenant in Hazardous Substances being brought onto the Leased Premises. The within covenants shall survive At any time during the expiration or earlier termination term of this Lease, Tenant shall, within ten (10) days after written request from Landlord, disclose in writing all Hazardous Substances that are being used by Tenant on the Project, the nature of the use, and the manner of storage and disposal. (f) At any time and upon prior written notice to Tenant, Landlord may require testing xxxxx to be drilled on the Project and may require the ground water to be tested to detect the presence of Hazardous Substances by the use of any tests that are then customarily used for those purposes. Landlord shall supply Tenant with copies of the test results. The cost of these tests and of the installation, maintenance, repair, and replacement of the xxxxx shall be paid by Tenant if the tests disclose the existence of facts that give rise to liability of Tenant pursuant to this Section 10.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises Except for normal office and cleaning supplies typically found in any manner other than normal quantities of cleaning solvents controlled medical office environments and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with label instructions and applicable laws, Tenant shall not use, dispose of or otherwise allow the Legal Requirements release or disposal of any hazardous substance, waste or materials in, on or under the Premises, the Land, or any adjacent property. Tenant represents and approved warrants to Landlord that, except as set forth in advance in writing by Landlord. Any the preceding sentence, Tenant’s intended use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with Premises does not involve the highest standards prevailing in use, production, disposal or bringing any hazardous substance, waste or materials into or onto the industry for Premises or the generationLand. As used herein, storage and use of such Hazardous Substances. Without limitationthe term “hazardous substance, Hazardous Substances shall include those described in the Comprehensive Environmental Responsewaste or materials” includes any substance, Compensation and Liability Act of 1980waste or material defined or designated as hazardous, as amendedtoxic or dangerous (or any similar term) by any federal, 42 U.S.C. Section 9601 et seq., any applicable state or local statute, regulation, rule or ordinance now or hereafter in effect. Tenant shall promptly comply with all applicable laws and the regulations adopted under these actswith all orders, decrees or judgments of governmental authorities or courts having jurisdiction relating to hazardous substance, waste or materials. If Tenant uses Hazardous Substances within the Premises agrees to indemnify, defend and if hold harmless Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsloss, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, cost and expense (including, without limitation, attorneys', consultants' and experts' consultant fees, attorneys’ fees and disbursements) which arise during may be imposed on, incurred or after paid by, or asserted against Landlord or the Term as a result Premises or Land by reason of, or in connection with (i) any misrepresentation, breach of warranty or other default by Tenant under this Lease, or (ii) the acts or omissions by Tenant under this Lease, or (ii) the acts or omissions of Tenant, or any sublessee or other person for whom Tenant would otherwise be liable, resulting in the release of any Hazardous Substances being generatedhazardous substance, used waste or disposed of in or on, or brought to, the Premises by materials. If Tenant or its employees, agentscustomers, contractors or inviteescontractors, or as agents discovers any existing asbestos or asbestos-containing materials on the result Premises in connection with any Landlord-approved Alterations of an Landlord’s Work, Tenant shall immediately notify Landlord. Should Tenant discover any such asbestos or asbestos-containing materials on the Premises and Tenant so notifies Landlord, Landlord shall promptly consult with a AHERA certified asbestos abatement contractor (“CAAC”). Upon the recommendation of such CAAC, Landlord shall commence the removal, remediation, abatement, treatment encapsulation or management required as the result clean-up of any actssuch asbestos, negligence, repairs or alterations made by Tenant in asbestos-containing materials from the Premises. The within covenants Landlord shall survive be solely responsible for the expiration cost associated with the removal, remediation, abatement, encapsulation or earlier termination clean-up of this Leaseasbestos or asbestos-containing materials.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be spilled, leaked, disposed of, discharged or otherwise released on or under the Property. Tenant may use or otherwise handle on the Premises Property only those Hazardous Substances typically used or sold in the escapeprudent and safe operation of the business specified in Section 3.1; provided, disposal however, if the Tenant uses or release handles Hazardous Substances on the Property in the operation of any biologically- the business specified in Section 3.1, Tenant shall assume full and complete responsibility therefore and all liability and expense relating thereto or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "arising therefrom. Tenant may store such Hazardous Substances")Substances on the Property only in quantities necessary to satisfy Tenant’s reasonably anticipated needs. Tenant shall not allow comply with all Environmental Laws and exercise the generationhighest degree of care in the use, handling, and storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances and shall only be in take all practicable measures to minimize the ordinary course quantity and toxicity of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in used, handled, or stored on the Comprehensive Environmental ResponseProperty. Upon the expiration or termination of this Lease, Compensation and Liability Act of 1980Tenant shall, as amendedat Tenant’s sole expense, 42 U.S.C. Section 9601 et seq., any applicable state remove all Hazardous Substances brought or local laws and permitted by Tenant from the regulations adopted under these actsProperty. If Tenant uses Hazardous Substances within breaches the Premises and obligations stated in this Section 3.3, or if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Materials on the Property caused or permitted by Tenant results in contamination of the Premises. FurtherProperty, then Tenant shall indemnify indemnify, defend and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losseslosses (including without limitation diminution in value of the Property, includingdamages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Property, without limitationand sums paid in settlement of claims, attorneys', consultants' and experts' ’ fees, consultant fees and expert fees) which arise during or after the Term lease term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration work required by any federal, state or local governmental agency, political subdivision, lender or buyer because of Hazardous Material present in the soil or groundwater on or under the Property brought or permitted by Tenant, diminution in value of the Property, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees, laboratory fees and expert fees. Without limiting the foregoing, if the presence of any Hazardous Substances being generated, used Materials on the Property caused or disposed of in or on, or brought to, the Premises permitted by Tenant or results in any contamination of the Property, Tenant shall promptly take all actions, at its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.sole

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release place no underground storage tanks of any biologically- kind in, on, at or chemically-active under the Leased Premises and shall not place or use tanks, drums or other hazardous containers of any kind in, on, at or toxic substancesunder the Leased Premises, materials or wastes (collectively, "Hazardous Substances")the contents of which are unknown to Landlord. Tenant shall not allow engage in any activities involving the use, treatment, transportation, generation, storage or use disposal of any Hazardous Substances within the Premises (as hereinafter defined) in any manner other than normal hazardous quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such no Hazardous Substances are generatedin hazardous quantities shall be released on, stored at or used from the Leased Premises. Tenant shall notify Landlord in accordance with the Legal Requirements event that it files any Material Safety Data Sheets (“MSDS”) or any forms or reports on an annual basis to any federal, state or local government entity pursuant to Section 312 of the federal Emergency Planning and approved in advance in writing by Landlord. Any use Community Right-to-Know Act of 1986 (the “MSDS Filings”), including Tier II filings and any MSDS Filings for Extremely Hazardous Substances over the Threshold Planning Quantity. If the Tenant does make any MSDS Filings, then upon request of Landlord, Tenant shall only be in complete any Environmental Disclosure Statement required under the ordinary course Indiana Responsible Property Transfer Law (“IRPTL”) and shall pay all costs for compliance with IRPTL as a result of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such MSDS Filings. The Term “Hazardous Substances. Without limitation” means any hazardous or toxic substance regulated by any federal, Hazardous Substances shall include those described in state or local statute or regulation, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980(CERCLA), as amendedthe Resource Conservation and Recovery Act (RCRA) and the Toxic Substance Control Act, 42 U.S.C. Section 9601 et seq.or by any federal, any applicable state or local laws governmental agencies having jurisdiction over the control of any such substance, including, but not limited to, the United States Environmental Protection Agency (EPA). Tenant shall indemnify, defend, and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises hold harmless Landlord from and if against (a) any loss, cost, expense, claim, or liability arising out of any investigation, monitoring, clean-up, containment, removal, storage, or restoration work (herein referred to as “Remedial Work”) required by, or incurred by, Landlord or any lender other person or party in a reasonable belief that such Remedial Work is required by any applicable federal, state or local law, rule, regulation or order, or by any governmental agency requires testing to ascertain whether agency, authority, or not there has been any release of Hazardous Substances, then political subdivision having jurisdiction over the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term Leased Premises as a result of any Hazardous Substances being generated, used or disposed of in arising from the use or on, or brought to, the Premises occupancy by Tenant or its agents, employees, or invitees of the Leased Premises, and (b) any claims of third parties for loss, injury, expense, or damage arising out of the presence, release, or discharge of any Hazardous Substances on, under, in, above, to or from the Leased Premises as a result of or arising from the use or occupancy by Tenant or its agents, contractors or inviteesemployees, or as invitees of the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Leased Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. (a) During the term of this Lease, Tenant shall not (either with suffer, allow, permit or without negligence) cause the generation, accumulation, storage, possession, release or permit within or on the Premises the escape, disposal or threat of release of any biologically- or chemically-active or other hazardous substance or toxic substancesmaterial, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules, and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Landlord directly or after indirectly arising due to the Term as a result breach of any Hazardous Substances being generated, used or disposed of Tenant’s obligations set forth in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Section. The within covenants Such indemnification shall survive the expiration or earlier termination of this Lease. At the expiration or sooner termination hereof, Tenant shall return the demised premises to Landlord in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. (b) Landlord hereby represents and warrants that, except as set forth in that certain Phase I Environmental Site Assessment dated December 20, 2004 prepared by ADR Environmental Group, Inc., and that certain Subsurface Investigation Results Report dated January 7, 2005 prepared by ADR Environmental Group, Inc.: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Shopping Center and has received no notice and has no knowledge of the presence in, on or under the Shopping Center of any such hazardous substances; (ii) to Landlord’s knowledge there have never been any underground storage tanks at the Shopping Center, whether owned by the Landlord or its predecessors in interest; (iii) to Landlord’s knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Shopping Center; (iv) to Landlord’s knowledge it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Shopping Center; (v) to Landlord’s knowledge there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Shopping Center; and (vi) to Landlord’s knowledge there is no asbestos or asbestos-containing material in the demised premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Landlord. Landlord hereby indemnifies Tenant for any and all loss, cost, damage or expense to Tenant resulting from any misrepresentation or breach of the foregoing representations and warranties. (c) If any such hazardous substances are discovered at the Shopping Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the demised premises (unless introduced by the Tenant, its agents or employees), and removal, encapsulation or other remediation is required by applicable laws, the Landlord immediately and with all due diligence and at no expense to the Tenant shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Shopping Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Landlord shall repair and restore the Shopping Center at its expense. From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the demised premises which, in the Tenant’s reasonable judgment, cannot be safely, economically or practically used for the operation of the Tenant’s business. Anything herein to the contrary notwithstanding, if in the Tenant’s reasonable judgment, such removal, encapsulation, remediation and restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Landlord within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered and such condition materially adversely affects Tenant’s ability to conduct normal business operations in the premises, then the Tenant may terminate this Lease by written notice to the Landlord within thirty (30) days after such 180 day period, which notice shall be effective on Landlord’s receipt thereof. Landlord shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Tenant, of asbestos related activities in the demised premises and the Shopping Center including, but not limited to, selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

Hazardous Substances. (a) Tenant hereby covenants that Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be placed, held, located or disposed of in, on or at the Premises or any part thereof, and neither the Premises nor any part thereof shall ever be used as a dump site or storage site (whether permanent or temporary) for any Hazardous Substances during the Lease Term. Tenant hereby covenants that it shall dispose of all laboratory chemicals and medical waste in accordance with all applicable laws, regulations and rules. (b) Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs of any settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, disposal seepage, leakage, spillage, discharge, emission, discharging or release of any biologically- or chemically-active or other hazardous or toxic substancesfrom, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use Premises of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal RequirementsSubstance, unless such Hazardous Substances are generatedlaboratory chemicals and/or medical waste (including, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without without limitation, Hazardous Substances shall include those described in 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 of 1980, as amended, 42 U.S.C. Section 9601 et seq.Act, any applicable so-called federal, state or local laws “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 conduct concerning any Hazardous Substance, laboratory chemicals and/or medical waste), provided, however, that the foregoing indemnity is limited to matters arising solely from Tenant’s violation of the covenant contained in subsection (a) of this Section 9.16. (c) For purposes of this Lease, “Hazardous Substances” shall mean and include those elements or compounds which are contained in the regulations list 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. (d) Landlord shall have the right but not the obligation, and without limitation of Landlord’s rights under these acts. If Tenant uses Hazardous Substances within this Lease, to enter onto the Premises and if Landlord or to take such other actions as it deems necessary or advisable to cleanup, remove, resolve or minimize the impact of, or otherwise deal with, any lender Hazardous Substance following receipt of any notice from any person or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then entity (including without limitation the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and EPA) asserting the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result existence of any Hazardous Substances being generatedSubstance in, used on or disposed of in or on, or brought to, at the Premises or any part thereof which, if true, could result in an order, suit or other action against Tenant or Landlord or both. All reasonable costs and expenses incurred by Landlord in the exercise of any such rights, which costs and expenses result from Tenant’s violation of the covenant contained in subsection (a) above, shall be deemed additional rental under this Lease and shall be payable by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants upon demand. (e) This Section 9.16 shall survive the cancellation, termination or expiration or earlier termination of this Lease. (f) Except as otherwise provided herein, Landlord assumes all responsibility for compliance by the property/site/facility with all environmental laws, rules and regulations and agrees to and does hereby hold Tenant harmless from any claims, liabilities, fines or penalties which may be made or levied against Tenant on account thereof for any pre—lease or pre-existing conditions. Landlord represents that the Premises are free from asbestos and other hazardous substances.

Hazardous Substances. Landlord warrants that to its actual knowledge, as of the date of this Lease, there are no Hazardous Substances (as defined below) in violation of applicable law currently existing on, in or under the Premises or the Shopping Center and that there are no underground storage tanks under the Premises or the Shopping Center. Tenant shall not (either with or without negligence) cause or permit within or any Hazardous Substances to be placed anywhere on the Shopping Center including into the drains or sewers of the Premises or Shopping Center. Tenant shall not cause or permit any Hazardous Substances to be brought upon, transported through, stored, kept, used, discharged or disposed in or about the escape, disposal Premises or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes the Shopping Center (collectively, "Hazardous Substances"the “Property”). Tenant shall not allow notify Landlord immediately of the generation, storage presence of or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use disposal of Hazardous Substances shall only be in on or near the ordinary course Premises, and of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed notice by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding a party alleging the presence of Hazardous Substances in on or near the Premises. FurtherHowever, Hazardous Substances brought upon, transported, used, kept or stored in or about the Property which are necessary for Tenant to operate its business for the use permitted under this Lease shall with Landlord’s prior written consent, be permitted to be brought upon, transported, used, kept and stored by Tenant but only in the quantities necessary for the usual and customary operation of Tenant’s business and in a manner that complies with: (i) all laws, rules, regulations, ordinances, codes or any other governmental restriction or requirement of all federal, state and local governmental authorities having jurisdiction and regulating the Hazardous Substances; (ii) permits (which Tenant shall obtain prior to bringing the Hazardous Substances in, on or about the Property) issued for the Hazardous Substances; and (iii) all producers’ and manufacturers’ instructions and recommendations, to the extent they are stricter than laws, rules, regulations, ordinances, codes or permits. If Tenant, its affiliates, agents, employees or contractors, in any way breaches the obligations in the preceding sentence; or if the presence of Hazardous Substances on the Property caused by Tenant, its agents, employees or contractors, results in the release or threatened release of Hazardous Substances on, from or under the Property; or if the presence on, from or under the Property of Hazardous Substances otherwise arises out of the operation of Tenant’s business then, without limitation of any other rights or remedies available to Landlord under this Lease or at law or in equity, Tenant shall indemnify indemnify, defend, protect and save hold harmless Landlord harmless and Landlord’s manager, parent, subsidiaries, affiliates, employees, partners, agents, mortgagees and successors to Landlord’s interest in the Premises (collectively “Indemnity”) for, from and against any and all clean-up costsclaims, remedial or restoration work, sums paid in settlement of claims, judgments, damages, clean-up costs, penalties, fines, costs, liabilities liabilities, losses or losses, expenses (including, without limitation, attorneys'’, consultants' ’ and experts' fees, ’ fees and any fees by Landlord to enforce the Indemnity) which arise during or after the Lease Term as a result of any Hazardous Substances being generatedTenant’s breach of the obligations or the release or contamination of the Property by Tenant, used or disposed of in or on, or brought to, the Premises by Tenant or its employeesaffiliates, agents, contractors employees or inviteescontractors, including, without limitation: diminution in value of the Property; damages for the loss of, or as the result restriction on the use of, rentable or usable space or any amenity of an abatementthe Property; damages arising from any adverse impact on the sale or lease of the Property; and damage and diminution in value to the Property or other properties, treatment whether owned by Landlord or management by third parties. This Indemnity includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work required as the result by any federal, state or local governmental agency or political subdivision because of any acts, negligence, repairs or alterations made by Tenant Hazardous Substance present in the Premisessoil or groundwater on, under or originating from the Property. The within covenants Without limiting the foregoing, if the presence of Hazardous Substances on the Property caused or permitted by Tenant, its affiliates, agents, employees or contractors, results in the contamination, release or threatened release of Hazardous Substances on, from or under the Property or other properties, Tenant shall promptly take all actions at its sole cost and expense necessary to return the Property and other properties to the condition existing prior to the introduction of the Hazardous Substances; provided that Landlord’s written approval of the actions shall be obtained first (which approval shall not be unreasonably withheld provided the same is in accordance with applicable law) and so long as such actions do not have or would not potentially have any adverse long-term or short-term effect on Landlord or on the Property or other properties. This Indemnity shall survive the expiration or earlier termination Lease Term and shall survive any transfer of this Lease.Landlord’s interest in the Property. “

Hazardous Substances. Tenant Borrower shall not (either with or without negligence) cause or permit within or on the Premises the escapepresence use, disposal use, disposal, storage, or release of any biologically- Hazardous Substances on or chemically-active in the Property. Borrower shall not do, nor allow anyone else to do, anything effecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to Borrower’s normal business uses and to maintenance of the Property. Borrower shall promptly give Xxxxxx written notice of any investigation, claim, demand, lawsuit or other hazardous action by any governmental or toxic substancesregulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Xxxxxxxx learns, materials or wastes (collectivelyis notified by any governmental or regulatory authority, "that any removal or other remediation of any Hazardous Substances")Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Tenant shall Borrower warrants and represents to Lender that the Property is not allow the generationand has never been used to handle, storage treat, store or use dispose of any Hazardous Substances within and that the Premises Property and Borrower are currently in any manner other than normal quantities of cleaning solvents controlled and stored in accordance compliance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlordall applicable Environmental Laws. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing Xxxxxxxx agrees to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord hold Lender harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, claims, suits, liabilities, costs, liabilities or lossesjudgements and expenses, including, without limitation, including attorneys'’ fees, consultants' ’ fees and experts' feesexpert’s fees of every kind, which arise during arising out of or after the Term as a result resulting from, or relating to any violation of any Environmental Law with respect to any condition that exist on the Property. As used in this Paragraph 23, “Hazardous Substances being generatedSubstances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in Paragraph 23, “Environmental Law” means federal laws and lose of the jurisdiction where the Property is located that relate to health, safety or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseenvironmental protection.

Hazardous Substances. Tenant shall not use, produce, store, release, dispose or handle in or about the Leased Premises or transfer to or from the Leased Premises (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes party to do such acts) any Hazardous Substance (collectively, "Hazardous Substances"as defined herein) except in compliance with all applicable Environmental Laws (as defined herein). Tenant shall not allow the generation, storage construct or use any improvements, fixtures or equipment or engage in any act on or about the Leased Premises that would require the procurement of any license or permit pursuant to any Environmental Law. Tenant shall immediately notify Landlord of (i) the existence of any Hazardous Substances within Substance on or about the Leased Premises that may be in violation of any manner other than normal quantities Environmental Law (regardless of cleaning solvents controlled and stored in accordance with whether Tenant is responsible for the Legal Requirements, unless existence of such Hazardous Substances Substance), (ii) any proceeding or investigation by any governmental authority regarding the presence of any Hazardous Substance on the Leased Premises or the migration thereof to or from any other property, (iii) all claims made or threatened by any third party against Tenant relating to any loss or injury resulting from any Hazardous Substance, or (iv) Tenant’s notification of the National Response Center of any release of a reportable quantity of a Hazardous Substance in or about the Leased Premises. “Environmental Law(s)” shall mean any federal, state or local statute, ordinance, rule, regulation or guideline pertaining to health, industrial hygiene, or the environment, including without limitation, the federal Comprehensive Environmental Response, Compensation, and Liability Act. “Hazardous Substance(s)” shall mean all substances, materials and wastes that are generatedor become regulated, stored or classified as hazardous or toxic, under any Environmental Law. If it is determined that any Hazardous Substance that is not legally used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's ’s business and in accordance with exists on the highest standards prevailing in the industry for the generation, storage and use Leased Premises resulting from any act of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors contractors, licensees, subtenants or inviteescustomers, or as then Tenant shall immediately take necessary action to cause the result removal of an abatementsuch substance and shall remove such within ten (10) days after discovery. Notwithstanding the above, treatment or management required as if the result of any acts, negligence, repairs or alterations made by Tenant Hazardous Substance that is not legally used in the Premisesordinary course of Tenant’s business is of a nature that cannot be reasonably removed within ten (10) days Tenant shall not be in default if Tenant has commenced to cause such removal and proceeds diligently thereafter to complete removal, except that in all cases, any Hazardous Substance must be removed within sixty (60) days after discovery thereof. The within covenants shall survive Furthermore, notwithstanding the expiration above, if in the good faith judgment of Landlord, the existence of such Hazardous Substance creates an emergency or earlier termination is of this Leasea nature which may result in immediate physical danger to persons at the property or the Building, Landlord may enter upon the Leased Premises and remove such Hazardous Substances and charge the cost thereof to Tenant as Additional Rent.

Hazardous Substances. (a) Landlord makes no representations or warranties, express or implied, concerning the presence or absence of (i) Hazardous Substances on, under or about the Leased Premises or (ii) any contamination of the soil, surface water or ground water on, under or about the Leased Premises by Hazardous Substances. Tenant, at its expense and prior to the commencement of any excavation or filling of the Leased Premises or the construction of any Improvements on the Leased Premises, shall conduct such environmental assessments and environmental testing and sampling as Tenant deems necessary to identify the presence of any Hazardous Substances on, under or about the Leased Premises or the presence of contamination of the soil, surface water or ground water on, under or about the Leased Premises by Hazardous Substances. If such environmental assessments, testing and/or sampling disclose the presence of any Hazardous Substances on, under or about the Leased Premises or contamination of the soil, surface water or ground water on, under or about Leased Premises by Hazardous Substances, Tenant, at its expense, shall remove or remediate such Hazardous Substances or contamination to the extent required by, and in a manner that complies with, all applicable Environmental Laws before proceeding with any excavation or filling of the Leased Premises or the construction of any Improvements thereon. If and to the extent requested by Landlord, Tenant shall provide Landlord with copies of (i) all environmental assessments and reports of any environmental testing and sampling with respect to the Leased Premises, (ii) all written recommendations from environmental consultants or engineers for the removal or remediation of any Hazardous Substances on, under or about the Leased Premises or the remediation of any contamination of the soil, surface water or ground water on, under or about the Leased Premises by Hazardous Substances, and (iii) all documents filed with or issued by any governmental authority relating to the foregoing. (b) Tenant shall not (either with place or without negligence) cause or permit within or install any underground storage tanks on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")Leased Premises. Tenant shall not allow permit any Hazardous Substances to be placed, held or located on or at the generationLeased Premises, storage other than Hazardous Substances of a nature and in amounts normally present in or use on, or used in connection with the operation of, commercial and retail facilities of the type constructed on the Leased Premises. Tenant shall not permit any Hazardous Substances to be disposed of or released upon the Leased Premises. To the extent any Hazardous Substances permitted to be placed, held, or located on or at the Leased Premises are regulated by any Environmental Laws, Tenant shall place, hold, locate or dispose of such Hazardous Substances in strict compliance with such applicable law. (c) If Tenant has knowledge of or receives any notice of (i) the release, spill, discharge or emission of any Hazardous Substance from the Leased Premises into the environment (including, without limitation, ambient air, surface water, groundwater or land (a "HAZARDOUS DISCHARGE") or (ii) any inquiry, complaint, order, citation or notice with regard to the presence of any Hazardous Substances within on or under the Leased Premises in or a Hazardous Discharge from the Leased Premises (an "ENVIRONMENTAL COMPLAINT") from any manner other than normal quantities of cleaning solvents controlled and stored in accordance with person or entity, including (without limitation) the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive United States Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws Protection Agency and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord Indiana Department of Environmental Management or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionsuccessor agency, Tenant shall execute affidavitsgive immediate notice thereof to Landlord disclosing full details of the Hazardous Discharge or Environmental Complaint, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, as applicable. (d) Tenant shall indemnify and save Landlord hold harmless Landlord, its affiliated entities, and their respective officers, directors, agents and employees from and against all damages, liability, losses, fines, penalties, costs and expenses, including (but not limited to) court costs, attorneys' fees and costs of removal or remediation of any Hazardous Substances or any contamination of soil, surface water or ground water by Hazardous Substances, arising out of, resulting from or in any way connected with (i) any breach or default by Tenant in the observance or performance of its covenants under the foregoing paragraphs (a) or (b), (ii) any violation of any Environmental Laws pertaining to the Leased Premises or Improvements or any activity thereon by Tenant or anyone else (other than Landlord) during the Term, (iii) any Environmental Complaint, whether meritorious or not, arising from any act or omission of Tenant or anyone else (other than Landlord) during the Term or (iv) any Hazardous Discharge occurring during the Term. Tenant's indemnification obligations hereunder shall be in addition to any and all clean-up costs, remedial other obligations and liabilities Tenant may have to Landlord at law or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or lossesin equity, including, without limitation, attorneys', consultants' the obligation Tenant has to indemnify and experts' fees, hold Landlord harmless under that certain Option to Lease Agreement between Tenant and Landlord pursuant to which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Lease is executed. The within covenants Tenant's indemnification obligations hereunder shall survive the expiration or earlier termination of this Leasethe Term and any transfer by Landlord of title to the Leased Premises. (e) Tenant, for itself and, to the extent permitted by law, for and on behalf of its successors, assigns, licensees and subtenants, hereby waives and releases any and all causes of action, claims or demands of whatsoever kind or nature that Tenant or its successors, assigns, licensees or subtenants now have or hereafter may have against Landlord, its affiliated entities, and their respective officers, directors, agents and employees, including (without limitation) claims for contribution for costs of the removal or remediation of Hazardous Substances on, under or about the Leased Premises or the remediation of any contamination of the soil, surface water or ground water on, under or about the Leased Premises by Hazardous Substances, arising out of or in connection with, resulting from or in any way related to the presence of Hazardous Substances on, under or about the Leased Premises or any contamination of the soil, surface water or ground water on, under or about the Leased Premises by Hazardous Substances.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, Except for materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generatedused, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be handled in the ordinary course of Tenant's business ’s business, in compliance with all applicable laws and regulations, the Tenant shall not handle, process, store, release or use any hazardous or toxic materials in accordance or on the Premises without the express written consent of the Landlord, which may be withheld in its sole discretion. In connection with the highest standards prevailing Tenant’s use or occupancy of the Premises, the Tenant shall comply in all respects with any applicable law, ordinance, regulation or ruling relating to environmental protection or the presence, use, generation, storage, release, containment or disposal of hazardous or toxic materials. The Tenant shall indemnify, defend and hold the Landlord harmless from and against any and all damage, cost, loss, liability and expense (including reasonable attorney’s fees) which may be incurred by the Landlord by reason of, resulting from, or arising in any manner whatsoever out of the breach of the obligations of the Tenant contained in this paragraph. Landlord represents, warrants and covenants to Tenant that the Premises are free of Hazardous Substances as that term is defined and used in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980(other than reasonable quantities typically associated with normal office activities) and are presently and shall remain in compliance in all material respects with all applicable laws, as amendedregulations and ordinances. Landlord shall, 42 U.S.C. Section 9601 et seq.at Landlord’s sole expense, remove from the Premises any applicable state or local laws and the regulations adopted under these acts. If Tenant uses existing Hazardous Substances within (including, but not limited to. asbestos-containing materials), not later than the Premises Occupancy Date. Landlord shall indemnify, protect and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by hold harmless Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdemands, claimsliabilities, actions, suits, proceedings, judgments, losses, damages (including punitive damages), fines, penalties, fines, costs, liabilities or losses, including, without limitation, costs and expenses (including reasonable attorneys'’, consultants' ’ and experts' ’ fees, which arise during or after the Term as ) arising from (i) a result breach of any Hazardous Substances being generated, used representation or disposed warranty of Landlord set forth in this paragraph; and (ii) any violation or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result alleged violation of any actsEnvironmental Law, negligence, repairs or alterations made except that which is caused by Tenant in the PremisesTenant. The within covenants foregoing indemnification obligation shall survive the expiration or of earlier termination of this Lease.

Hazardous Substances. Tenant During the term of this Sublease, Sublessee shall not (either with suffer, allow, permit or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage accumulation, storage, possession, resublease or use threat of resublease of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementshazardous substance or toxic material, unless such Hazardous Substances as those terms are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.and any regulations promulgated thereunder, or any applicable other present or future federal, state or local laws laws, ordinances, rules, and the regulations adopted under these actsregulations. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant Sublessee shall indemnify and save Landlord hold Sublessor harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damagesliabilities, penalties, finesdemands, costsactions, liabilities costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during suffered by Sublessor directly or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesindirectly arising directly from Sublessee’s tenancy. The within covenants Such indemnification shall survive the expiration or earlier termination of this LeaseSublease. At the expiration or sooner termination hereof, Sublessee shall return the demised premises to Sublessor in substantially the same condition as existed on the date of commencement hereof free of any hazardous substances in, on or from the demised premises. The Sublessor hereby represents and warrants that: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Shopping Center and has received no notice and has no knowledge of the presence in, on or under the Shopping Center of any such hazardous substances; (ii) to Sublessor’s knowledge there have never been any underground storage tanks at the Shopping Center, whether owned by the Sublessor or its predecessors in interest; (iii) to Sublessor’s knowledge there have never been accumulated tires, spent batteries, mining spoil, debris or other solid waste (except for rubbish and containers for normal scheduled disposal in compliance with all applicable laws) in, on or under the Shopping Center; (iv) it has not spilled, discharged or leaked petroleum products other than de minimis quantities in connection with the operation of motor vehicles on the Shopping Center; (v) to Sublessor’s knowledge, there has been no graining, filling or modification of wetlands (as defined by federal, state or local law, regulation or ordinance) at the Shopping Center; and (vi) to Sublessor’s knowledge there is no asbestos or asbestos-containing material in the leased premises. The representations and warranties set forth in this subparagraph shall apply to any contiguous or adjacent property owed by the Sublessor. Sublessor hereby indemnifies Sublessee for any and all loss, cost, damage or expense to Sublessee resulting from any misrepresentation or breach of the foregoing representations and warranties. If any such hazardous substances are discovered at the Shopping Center (unless introduced by the Sublessee, its agents or employees) or if any asbestos or asbestos containing material is discovered in the subleased premises, and removal, encapsulation or other remediation is required by applicable laws, the Sublessor immediately and with all due diligence and at no expense to the Sublessee shall take all measures necessary to comply with all applicable laws and to remove such hazardous substances or asbestos from the Shopping Center and/or encapsulate or remediate such hazardous substances or asbestos, which removal and/or encapsulation or remediation shall be in compliance with all environmental laws and regulations, and the Sublessor shall repair and restore the Shopping Center at its expense. From the date such encapsulation, remediation and restoration is complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the subleased premises which, in the Sublessee’s reasonable judgement, cannot be safely, economically or practically used for the operation of the Sublessee’s business. Anything herein to the contrary notwithstanding, if in the Sublessee’s reasonable judgement, such removal, encapsulation, remediation and restoration cannot be completed within one hundred eighty (180) days or the same is not actually completed by Sublessor within such one hundred eighty (180) day period following the date such hazardous substances or asbestos are discovered, and such condition materially adversely affects Sublessee’s ability to conduct normal business operations in the premises, then the Sublessee may terminate this Sublease by written notice to the Sublessor within thirty (30) days after such 180 day period, which notice shall be effective on Sublessor’s receipt thereof. Sublessor shall comply with OSHA 29 CFR 1910.1001 (j) to notify tenants, including Sublessee, of asbestos related activities in the subleased premises and the Shopping Center including, but not limited to, selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and final clearance testing procedures and results.

Hazardous Substances. (a) Tenant shall agrees that it will not (either with on, about, or without negligence) cause under the Leased Premises, make, release, treat or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use dispose of any Hazardous Substances within the Premises Materials, except in any manner other than normal customary quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business of Tenant and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or lossesApplicable Laws, including, without limitation, attorneys'CERCLA and other applicable Environmental Laws. Tenant hereby covenants that it will at all times comply with all applicable Environmental Laws in all material respects. (b) If and to the extent Tenant or Landlord is required to do so by an environmental agency having jurisdiction over the Leased Premises or pursuant to any court order or any applicable Environmental Law, consultants' Tenant shall (i) remediate any Hazardous Materials generated, stored, released, treated, present or disposed of on or from the Leased Premises, whether now or hereafter existing on the Leased Premises and experts' feeswhether or not arising out of or in any manner connected with Tenant’s occupancy of the Leased Premises, and shall remediate any damage caused by such Hazardous Materials, and (ii) timely comply, at its sole cost and expense, with any monitoring or reporting requirements applicable to the Leased Premises or any part thereof which arise during are imposed on Tenant or after Landlord by any Environmental Law or an environmental agency having jurisdiction over the Term Leased Premises or by any court order; provided that Tenant’s covenants under this Paragraph 27(b) shall in no event apply to any Hazardous Materials, or any monitoring or reporting requirements imposed as a result of any Hazardous Substances being Materials, that are generated, used stored, released, treated or disposed of in by Landlord or onany other Indemnitee on the Leased Premises. (c) Tenant agrees that it will not use the groundwater beneath the Leased Premises for any purpose or install any underground storage tank at the Leased Premises without specific, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leaseprior written approval from Landlord.

Hazardous Substances. Tenant (a) Unless Metrum-D obtains, at its own expense, all governmental licenses and permits required therefor, Metrum-D shall not (either with or without negligence) cause or permit within any Hazardous Substance to be used, stored, generated, or disposed of on or in the Premises the escapeby Metrum-D, disposal Metrum-D's agents, employees, contractors or release invitees, without first obtaining Pharmacia's prior written consent, which may be withheld at Pharmacia's sole and absolute discretion. Metrum-D shall, immediately upon receipt, deliver a copy of all such licenses and permits (together with any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")related correspondence) directly to Pharmacia. Tenant shall not allow the generation, storage or use of any If Hazardous Substances within are so used, stored, generated, or disposed of on or in the Premises, or if the Premises become contaminated by Metrum-D in any manner other than normal quantities of cleaning solvents controlled for which Metrum-D is legally liable, Metrum-D shall indemnify, defend, protect and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements hold harmless Pharmacia and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities liabilities, or losses, losses (including, without limitation, a decrease in value of the Premises, damages because of adverse impact on marketing of the Premises, and any and all sums paid for settlement of claims, attorneys', consultants' and experts' fees, which arise ) arising during or after the Term term of the Lease and arising as a result of such contamination by Metrum-D. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state or local agency or political subdivision. In addition, if Metrum-D causes or permits the presence of any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises and this results in contamination, Metrum-D shall promptly, at its sole expense, take any and all necessary actions as required by Tenant or its employees, agents, contractors or invitees, or as applicable law to remediate such contamination and shall repair any damage to the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made Premises caused by Tenant in the Premisessuch remediation. The within covenants terms and conditions of this Section 10 shall survive the expiration or earlier termination of this LeaseSublease. (b) As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the State of California, or the United States government. "Hazardous Substance" 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 government law. "Hazardous Substance" includes but is not restricted to asbestos, polychlorinated biphenyls ("PCBs") and petroleum.

Hazardous Substances. Tenant shall hereby covenants and agrees that Tenant will not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow " (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the generationProject or any part thereof, storage or use of any except for Hazardous Substances within as are commonly and legally 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 any manner other than normal quantities of cleaning solvents controlled CERCLA (as hereinafter defined), and stored in accordance so long as Tenant strictly complies or causes compliance with all applicable governmental rules and regulations concerning the Legal Requirementsuse, unless such Hazardous Substances are generatedstorage, stored or used in accordance with the Legal Requirements production, transportation and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use disposal of such Hazardous Substances. Without Promptly upon receipt of Landlord1s 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 also agrees to cooperate with Landlord and to provide access by Landlord and Landlord's representatives to any Tenant's records with respect to the Demised Premises relating to any assessment of the environmental condition of the Demised Premises and the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. For purposes of this Article 28, “Hazardous Substances" means and includes 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 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 (including, without limitation, strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, costs of settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any Person 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 Demised Premises of any Hazardous Substances shall include those described in (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney's fees, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq.["CERCLA"], any applicable so called federal, state or local "Superfund" or “Superlien” laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing other Environmental Law); provided, however, that the foregoing indemnity is limited to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like matters arising solely from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding violation of the presence of Hazardous Substances covenant contained in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesthis Article. The within covenants shall obligations of Tenant under this Article will survive the any expiration or earlier termination of this Lease.

Hazardous Substances. Tenant 6.5.1 Licensee shall not (either with bring, keep, discharge or without negligence) cause release or permit within to be brought, kept, discharged or on released, in or from the Premises Child Care Improvements, the escapeBuilding or the Development any toxic or hazardous substance, disposal material or waste or any other contaminant or pollutant, other than non-reportable quantities of such substances when found in commonly used household cleansers and office supplies, and any such substances shall be used, kept, stored and disposed of in strict accordance with all applicable federal, state and local laws. Licensee shall notify Licensor immediately upon discovery of the presence, discharge or release of any biologically- or chemically-active or other hazardous or toxic substance in or around the Child Care Improvements, the Building or the Development (other than the substances expressly permitted above). Upon the written request of Licensor, Licensee shall provide periodic written reports of the type and quantities of hazardous substances, materials or wastes (collectivelymaterials, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled waste and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generatedcontaminants used, stored or used in accordance with the Legal Requirements and approved in advance in writing being disposed of by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Licensee in the Premises. FurtherIf Licensor in good faith determines that such substances create a risk to the health and safety of the Licensee’s employees and invitees or to any other authorized occupants or invitee of the Develop- ment, Tenant shall indemnify Licensee shall, upon demand by Licensor, take such remedial action, at the sole cost and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, expense of Licensee (including, without limitation, attorneys'elimination or removal of any hazardous substances from the Child Care Improvements brought, consultants' and experts' feeskept, which arise during discharged or after released by Licensee or any contractor, agent, invitee or employee of Licensee), as Licensor deems necessary or advisable or as required by any applicable law. 6.5.2 Licensee shall promptly notify Licensor of: (i) any enforcement, cleanup or other regulatory action taken or threatened by any governmental or regulatory authority with respect to the Term as a result presence of any Hazardous Substances being generatedMaterial on the Child Care Improvements or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any party against Licensee or the Child Care Improvements relating to any loss or injury resulting from any Hazardous Material on or from the Child Care Improvements, used and (iii) any matters where Licensee is required by applicable law to give a notice to any governmental or disposed of regulatory authority respecting any hazardous material on the Child Care Improvements. Licensor shall have the right (but not the obligation) to join and participate, as a party, in any legal proceedings or onactions affecting the Child Care Improvements initiated in connection with any environmental, health or safety law. The term “Hazardous Material” for purposes hereof shall mean any chemical, substance, material or waste or component thereof which is now or hereafter listed, defined or regulated as a hazardous or toxic chemical, substance, material or waste or component thereof by any federal, state or local governing or regulatory body having jurisdiction, or brought which would trigger any employee or community “right-to, the Premises -know” requirements adopted by Tenant or its employees, agents, contractors or inviteesany such body, or as for which any such body has adopted any requirements for the result preparation or distribution of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Leasea material safety data sheet.

Hazardous Substances. Tenant shall not (either with The term "Hazardous Substances", as used in this Section, means pollutants, contaminants, toxic or without negligence) cause hazardous wastes or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials the removal of which is required or wastes the use of which is restricted, prohibited or penalized by an "Environmental Law", which term means any federal, state or local law or ordinance relating to pollution or the protection of the environment. Landlord agrees to indemnify and hold Tenant harmless from any and all claims, causes of action, damages, penalties and costs (including attorneys' fees, consultant fees and related expenses) (collectively, "Hazardous Substancesclaims"). ) which may be asserted against or incurred by Tenant shall not allow resulting from: (a) the generation, storage or use presence of any Hazardous Substances within Substance on or in the Premises Project as of the date hereof or caused or permitted by Landlord or Landlord's Agents (without being caused or permitted by Tenant) after the date hereof; or (b) any violation or alleged violation of any Environmental Law existing as of the date hereof or caused or permitted by Landlord or Landlord's Agents (without being caused or permitted by Tenant) after the date hereof. Anything to the contrary in this Lease notwithstanding, Landlord shall have no obligation to indemnify Tenant with respect to any manner other than normal quantities claim by third parties (including, but not limited to employees of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Tenant) relating to any substances that are not legally deemed Hazardous Substances are generatedunder applicable Environmental Laws as enacted and interpreted as of the date hereof. Landlord shall, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only however, be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time obligated at Landlord's request concerning Tenant's best expense, to comply with any requirements of any Environmental Laws relating to the removal, management or other treatment of any substances which, although not legally deemed a Hazardous Substance under Environmental Laws as enacted and interpreted as of the date hereof, are determined to be a Hazardous Substance in the future as a result of new or changed Environmental Laws. Landlord represents and warrants to Tenant that all environmental reports and studies relating to the Property which are in the possession of or known to Landlord as of the date of this Lease are listed on attached EXHIBIT "J". Landlord represents and warrants to Tenant that, except as disclosed in the information listed on Exhibit J, Landlord has no knowledge and belief regarding of the presence of Hazardous Substances on or in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial Project or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generatedviolations or alleged violations of Environmental Laws with respect to the Project. References to Landlord's knowledge in this paragraph mean the actual knowledge as of the date hereof of Xxxx X. Xxxxxxx, used or disposed Senior Vice President of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this LeaseLiberty Property Trust.

Hazardous Substances. Tenant shall covenants and agrees not to permit any "Hazardous Substances" to be placed, held, located (either except in strict compliance with all applicable laws and regulations) or without negligence) cause disposed of upon, or permit within released upon, under or on at the Premises Premises, or any part thereof at any time during the escape, disposal or release term of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectivelythis Lease. For purposes of this Lease, "Hazardous Substances"). Tenant shall not allow the generation" means and includes asbestos, storage petroleum products and any hazardous, toxic or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsdangerous waste, unless substance or material defined as such Hazardous Substances are generatedin, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generationproposes of, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (42 U.S.C. Section 9601 et seq.) and so called "Superfund" or "Superfund" law, or any applicable state other federal, state, or local laws statute, law, ordinance, code, rule, regulation, order to 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. Tenant does and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify Landlord and save hold Landlord harmless from and against any and all clean-up loss, costs, remedial or restoration work, claims, judgmentsdamages and expenses, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' including but not limited to reasonable attorney's fees, which arise during or after the Term incurred by Landlord as a result of the presence, disposal, discharge or release of any Hazardous Substances being generated, used or disposed Materials on the Premises during the term of in or onthis Lease which is caused by Tenant, or brought toTenant's officers, the Premises by Tenant or its employees, agents, contractors or inviteessublessees, or as and the result indemnity of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants favor of Landlord contained in this Paragraph 14C shall survive the expiration or earlier termination of this LeaseLease for a period of five (5) years. Landlord does and shall indemnify Tenant and hold Tenant harmless from all loss costs, claims, damages and expenses, including but not limited to reasonable attorney's fees, incurred by Tenant as a result of the presence, disposal, discharge, or release of any Hazardous Materials on the Premises prior to Tenant taking possession of the subject premises or from any other cause except as provided in the immediately preceding paragraph, and the indemnity of Landlord in favor of Tenant contained in this paragraph shall survive the expiration or termination of this Lease for a period of . five (5) years.

Hazardous Substances. Tenant Mortgagor covenants and agrees with Mortgagee that, throughout the term of the Note: (a) the Mortgaged Property shall not be operated and maintained in compliance with all governmental or regulatory requirements; (either with b) Mortgagor shall maintain or without negligenceprocure all necessary permits, licenses, and certificates required by Federal, state, and local laws throughout the Loan term; (c) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other all hazardous or toxic substances, materials within the definition of any applicable statute or wastes regulation, which may be used by any person for any purpose upon the Mortgaged Property, shall be used or stored thereon only in a safe and approved manner, in accordance with all industrial standards and all laws, regulations and requirements for such storage promulgated by any applicable governmental agency or authority; (collectivelyd) other than as described in (c) above, "Hazardous Substances"). Tenant shall the Mortgaged Property will not allow be used for the generationpurpose of storing such substances; and (e) other than as described in (c) above, no such storage or use will otherwise be allowed on the Mortgaged Property (whether through leases with tenants who might store or use hazardous substances or otherwise) which will cause, or which will increase the likelihood of causing, the release of such hazardous or toxic substances onto the Mortgaged Property. Mortgagor shall immediately notify Mortgagee of any Hazardous Substances within the Premises in failure to comply under this Paragraph or receipt of any manner other than normal quantities notice of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored violation or used in accordance with the Legal Requirements and approved in advance in writing by Landlordthird party complaint. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing Mortgagor hereby agrees to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord and hold Mortgagee, as mortgagee under this Mortgage, harmless of and from and against any and all clean-up costs, remedial or restoration work, claims, judgmentsdamages, damagesloss, liabilities, penalties, fines, costsremedial action requirements, liabilities and enforcement actions, along with the costs and attorneys’ fees incurred by Mortgagee in defending Mortgagor’s use, generation, transportation, and disposal, release, or lossesthreatened release of hazardous substances, including, including without limitation, attorneys'asbestos-containing materials or damage whatsoever incurred by Mortgagee, consultants' as mortgagee under this Mortgage, arising out of or by reason of any violation of any applicable statute or regulation for the protection of the environment which occurs upon the Mortgaged Property from and experts' fees, which arise during or after the Term as a result date hereof, or by reason of the imposition of any Hazardous Substances being generatedgovernmental lien for the recovery of environmental clean-up costs expended by reason of such violation, used including without limitation any lien arising pursuant to any so-called “Super Fund” or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises“Super Lien” legislation. The within foregoing indemnity and covenants of Mortgagor shall not be applicable to any violations of law or any liability resulting from adverse environmental conditions in, on or about the Mortgaged Property created or in existence prior to the date hereof (“Pre-existing Environmental Conditions”). A default under this Paragraph shall constitute a Default under this Mortgage. It is expressly acknowledged by Mortgagor that this indemnification shall survive any foreclosure of the expiration or earlier termination lien and security interest of this LeaseMortgage or the discharge of this Mortgage and shall inure to the benefit of Mortgagee, as mortgagee under this Mortgage, its successors and assigns.

Hazardous Substances. Tenant (a) For purposes of this provision, “Hazardous Substances” shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of mean any biologically- or chemically-active or other hazardous or toxic substancessubstance, materials material or wastes (collectivelywaste, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in as defined under the Comprehensive Environmental Response, Compensation and Liability Act act of 19801980 (42 X.X.X. §0000 et. Seq., as amended) and similar federal, 42 U.S.C. Section 9601 et seq.state and local statutes, any applicable state or local laws laws, rules and regulations in connection with environmental conditions, health regulations in connection with environmental conditions, health and safety, including without limitation, asbestos and petroleum (collectively, “Environmental Regulations”). Landlord warrants and represents to Tenant that to the regulations adopted under these acts. If Tenant uses best of Landlord’s actual knowledge, there are no Hazardous Substances within (in violation of any Environmental Regulations) in the Property of which the Premises are a part. From and if after the date of execution of this Lease, neither Tenant nor Landlord will use or allow the Premises or the Building to be used for the storage, use, treatment or disposal of any lender or governmental agency requires testing Hazardous Substance, in violation of any Environmental Regulations. Notwithstanding the foregoing to ascertain whether or not there has been any release the contrary, the use and storage of Hazardous Substancesoffice supplies (e.g. copier toner, then the reasonable costs thereof white-out correction fluid, etc.) and cleaning supplies, in such small amounts as are typically found in normal office use shall be reimbursed by Tenant to Landlord upon demand permitted, so long as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence thereof is not in violation of Hazardous Substances any Environmental Regulations and so long as such supplies shall be used, stored, transported and disposed of in the Premisescompliance with applicable Environmental Regulations. Further, Tenant shall Landlord agrees to indemnify and save Landlord hold harmless from Tenant and against its agents with regard to any and all clean-up costs, remedial or restoration workdamages, claims, judgments, damagesfines, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or losses, including, without limitation, loss including reasonable attorneys', consultants' and experts' ’ fees, which arise during or after the Term reasonable consultants’ fees, and reasonable expert fees (collectively, “Damage”) incurred as a direct result of the use, generation, storage, treatment, disposal or release of Hazardous Substances on the Property by Landlord or any person claiming under Landlord, to the extent that such action is attributable as a direct result of the use, generation, storage or disposal of Hazardous Substances on the Property, in violation of any Environmental Regulation or Landlord’s failure to comply with any Environmental Regulation, provided, however, that such Damage did not result, directly or indirectly, wholly or in part, from the acts or omissions of Tenant, its employees, agents or contractors. Tenant agrees to indemnify and hold harmless Landlord and its agents with regard to any damages, claims, judgments, fines, penalties, costs, liabilities (including sums paid in settlement or claims) or loss including reasonable attorneys’ fees, reasonable consultants’ fees, and reasonable expert fees (collectively “Damage”) incurred as a direct result of Tenant’s use, generation, storage, treatment, disposal or release of any Hazardous Substances being generated, used or disposed of in or on, or brought to, on the Premises Property by Tenant or any person claiming under Tenant to the extent that such action is attributable as a direct result of the use, generation, storage or disposal of Hazardous Substances on the Property, in violation of any Environmental Regulation or Tenant’s failure to comply with any Environmental Regulation; provided, however, that such Damage did not result, directly or indirectly, wholly or in part, from the acts or omissions of Landlord, its employees, agents, contractors agents or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisescontractors. The within covenants indemnity provisions contained herein shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. a. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be spilled or on released in, on, under or about the Premises (including through the escapeplumbing or sanitary sewer system) and shall promptly, disposal at Tenant’s expense, take all investigatory and/or remedial action reasonably recommended, whether or release not formally ordered or required, for the cleanup of any biologically- contamination of, and for the maintenance, security and/or monitoring of the Premises or chemically-active neighboring properties, that was caused or materially contributed to by Tenant or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Tenant, or any third party. b. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any report, notice, claim or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow documentation which it has concerning the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use presence of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqSubstance., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, c. Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at hold Landlord's request concerning Tenant's best knowledge , its agents, employees, lenders and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costsloss of Rents and/or damages, remedial or restoration workliabilities, judgments, claims, judgments, damagesexpenses, penalties, finesand attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Tenant or any third Party (provided, costshowever, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result that Tenant shall have no liability under this Lease with respect to underground migration of any Hazardous Substances being generatedSubstance under the Premises from areas outside of the Project). Tenant’s obligations shall include, used or disposed of in or on, or brought but not be limited to, the Premises effects of any contamination or injury to person, property or the environment created or suffered by Tenant or its employeesTenant, agentsand the cost of investigation, contractors or inviteesremoval, or as the result of an remediation, restoration and/or abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants and shall survive the expiration or earlier termination of this Lease. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement. d. Landlord and its successors and assigns shall indemnify, defend, reimburse and hold Tenant, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, which existed as a result of Hazardous Substances on the Premises prior to the initial Lease term or which are caused by the gross negligence or willful misconduct of Landlord, its agents or employees. Landlord’s obligations shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escapeSubtenant may store, disposal or release of any biologically- or chemically-active or other hazardous or toxic substancesuse, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any handle and generate Hazardous Substances within at the Subleased Premises in any manner other than normal connection with the Permitted Uses in commercial quantities of cleaning solvents controlled and stored normally associated therewith, in accordance with Subtenant’s practices immediately prior to the Legal RequirementsEffective Date, unless such and in compliance with Applicable Laws. During the Term, Subtenant shall be responsible for disposing of all Hazardous Substances are generated, stored or used in accordance with generated by Subtenant’s operations at the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Subleased Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, (including, without limitation, the operations of its employees, Affiliates, contractors, subtenants and licensees operations at the Subleased Premises), at Subtenant’s expense. Subtenant shall comply with all Applicable Laws in connection with Subtenant’s storage, use, handling and generation of Hazardous Substances at the Subleased Premises. Upon the expiration or earlier termination of this Sublease or Subtenant’s right to possession of the Subleased Premises, Subtenant shall remove all Hazardous Substances being kept on the Subleased Premises by Subtenant, its employees, Affiliates, contractors, subtenants and licensees, in accordance with Applicable Laws. Subtenant shall indemnify, defend and hold harmless Sublandlord and Landlord from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys'’ fees and remediation costs) caused by Subtenant’s or any of its employees, consultants' and experts' feesagents, which arise during subtenants, contractors, representatives, guests or after the Term as a result invitees use, generation, handling, storage, or release of any Hazardous Substances being generated, used or disposed of in or on, under or brought toabout the Subleased Premises or the Project during the Term in violation of Applicable Laws (any such release being referred to as “Subtenant Contamination”); provided, the Premises Subtenant Contamination shall not include any such release caused by Tenant Sublandlord or its any of Sublandlord’s employees, agents, contractors or inviteesrepresentatives. Subtenant’s indemnification obligations in this section shall include the obligation to defend Sublandlord and Landlord, or as the result with counsel reasonably satisfactory to each of an abatementthem, treatment or management required as the result of in any actsproceedings, negligence, repairs or alterations made by Tenant in the Premisesall at Subtenant’s expense. The within covenants Subtenant’s indemnification obligations under this section shall survive the expiration or earlier termination of this LeaseSublease and shall not be limited by any provisions of this Sublease limiting Subtenant’s liability hereunder. In the event of any Subtenant Contamination, Subtenant shall investigate, monitor, clean-up, remove, axxxx and remediate the Subtenant Contamination to the extent required to comply with Applicable Laws, including, without limitation, any requirements of a governmental authority imposed in accordance with Applicable Laws, and in a manner that does not materially interfere with Sublandlord’s or any of its other subtenants or licensees use of the Project. Sublandlord shall not use, store, generate, release or discharge any Hazardous Substances on the Subleased Premises or Common Areas in violation of Applicable Laws. Sublandlord shall indemnify, defend and hold harmless Subtenant from and against all third-party claims and associated lawsuits, governmental actions, obligations, liabilities, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and remediation costs) caused by Sublandlord’s or any of its employee’s, Affiliate’s, contractor’s, representative’s or licensee’s release of any Hazardous Substances on, under or about the Subleased Premises or Common Areas during the Term in violation of Applicable Laws (any such release being referred to as “Sublandlord Contamination”). Sublandlord’s indemnification obligations in this section shall include the obligation to defend Subtenant, with counsel reasonably satisfactory to Subtenant, in any proceedings, all at Sublandlord’s expense. Sublandlord’s indemnification obligations under this section shall survive the expiration or earlier termination of this Sublease and shall not be limited by any provisions of this Sublease limiting Sublandlord’s liability hereunder. In the event of Sublandlord Contamination, Sublandlord shall investigate, monitor and clean-up, remove, axxxx and remediate such Sublandlord Contamination to the extent validly required by any governmental authority under Applicable Law, and in a manner that does not materially interfere with Subtenant’s use of the Subleased Premises.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous SubstancesHAZARDOUS SUBSTANCES"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner unless in accordance with the Legal Requirements and approved in advance in writing by Landlord, other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqET SEQ., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency ever requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' expert fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant shall not (either with cause, permit or without negligence) cause allow any Hazardous Substance to be generated, emitted, discharged, released or permit within disposed of, on, in or on from the Premises the escapeLeased premises by Tenant, disposal Tenant's agents, employees, contractors, invitees or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")those holding under Tenant. Tenant shall not allow comply with all Environmental Laws governing or relating to the generation, storage transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances with respect to the use and occupancy of the Leased Premises or the condition thereof. Without limitation of the foregoing, if Tenant causes, permits or allows the emission, discharge, release, threatened release or disposal of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal RequirementsSubstance from, unless such Hazardous Substances are generated, stored on or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course Leased Premises (hereinafter called the "Contamination") in violation of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive any Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionLaws, Tenant shall execute affidavitspromptly, representations at its sole cost and expense, take any and all actions necessary to remediate and/or remove Contamination and to comply with the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the PremisesEnvironmental Laws. Further, Tenant shall defend, indemnify and save hold Landlord harmless from and against any and all clean-up costsclaims, damages, remedial or restoration workremoval actions or obligations, claimsfines, judgments, damagesliens, penalties, finescosts, costsexpenses, diminished property value, lost or diminished rental revenue, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result losses of any kind asserted against, or suffered or incurred by, Tenant and/or Landlord resulting directly or indirectly from the presence, generation, transportation, use, storage, emission, discharge, release, threatened release or disposal of Hazardous Substances being generatedon, used or disposed of in or onfrom the Leased Premises, provided, however, that Tenant's indemnity hereunder shall not extend to Contamination existing on the Leased Premises prior to the date of this Lease and for Contamination of the Leased Premises directly attributable to or brought to, Contamination caused by Landlord or any unrelated third party without the Premises by consent or knowledge of Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesunder Tenant's control. The within covenants provisions of the foregoing sentence shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant (a) Supplier shall not (either with or without negligence) cause or permit within or on the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any transport and handle all Hazardous Substances within that Supplier or any of its Subcontractors bring to the Premises in any manner other than normal quantities of cleaning solvents controlled and stored Site in accordance with all applicable Environmental Laws. Supplier and its Subcontractors shall label Hazardous Substances that each brings to the Legal Requirements, unless Site and shall train their personnel in the safe usage and handling of such Hazardous Substances are generatedSubstances, stored or used in accordance with the Legal Requirements and approved in advance in writing including any training that is required by Landlordapplicable Laws. Any use of Hazardous Substances shall only be Except as expressly provided in the ordinary course last sentence of Tenant's business Section 2.26(b), Supplier shall bear all costs and expenses and shall be solely liable for any reporting, response, removal, transportation, disposal, investigation, cleanup or other investigatory, remedial, or corrective action (in all cases by licensed, insured, competent and professional contractors in a safe manner and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., applicable Laws) required by any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous SubstancesLaws, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionincluding Environmental Laws, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being that are brought on, transported to, handled, treated, released, generated, disposed, discharged, used or disposed stored on or at the Site by Supplier or any of in its Subcontractors, provided that with respect to releases or ondischarges, costs, expenses and liabilities shall be limited to those caused or exacerbated by the acts or omissions of Supplier or its Subcontractors. Supplier shall indemnify, defend and hold harmless Owner and each of the Owner Indemnified Parties from and against any and all Losses resulting from any release or discharge of any Hazardous Substances brought on the Site by Supplier or its Subcontractors and any response, removal, cleanup or other remedial action required by applicable Environmental Laws as a result thereof. As between Owner and Supplier, Owner shall be liable (and shall arrange) for the reporting, response, removal, transportation, disposal, investigation, cleanup or other investigatory, remedial, or brought tocorrective action (in all cases by licensed, the Premises insured, competent and professional contractors in a safe manner and in accordance with applicable Laws) required by Tenant or its employeesany applicable Laws, agentsincluding Environmental Laws, contractors or invitees, or as the result of an abatement, treatment or management required as the a result of any actsHazardous Substances existing at the Site as of the Effective Date (unless the same has been released or discharged at the Site by Supplier or any of its Subcontractors). Owner shall indemnify, negligencedefend and hold harmless Supplier and each of the Supplier Indemnified Parties from and against any and all claims, repairs causes of action, proceedings, demands, or alterations made suits of any third party resulting from any Hazardous Materials which (i) were present on the Site prior to the commencement of Supplier’s Work or are brought onto the Site by Tenant in Owner, its contractors or subcontractors (other than Supplier and its Subcontractors and any other Person for whom Supplier is responsible) after the Premisescommencement of Supplier’s Work and/or (ii) improperly handled or disposed of by Owner. The within covenants terms and provisions of this Section 2.26 shall survive the expiration or earlier termination of this LeaseAgreement. (b) Throughout performance of the Work, Supplier and its Subcontractors shall conduct all operations in such a way as to minimize impact upon the natural environment and prevent any release or spread of Hazardous Substances. In the event Supplier or its Subcontractors encounter at the Site any material reasonably believed to be a Hazardous Substance and not arising as a result of the performance of the Work, Supplier and its Subcontractors shall take reasonable precautions to avoid exacerbating any such Hazardous Substance and immediately stop work in the affected area and notify Owner of the condition. Pending receipt of written instructions from Owner, Supplier shall not resume Work in the affected area. If any such Hazardous Substance directly cause a demonstrated increase in Supplier’s cost to perform the Work or the time required for performance of any part of the Work, an equitable adjustment shall be made in the Contract Price and schedule. Owner shall be responsible for the disposal of any excess or partially used Hazardous Substances produced or generated during the course of Supplier’s Services at the Site (other than Hazardous Substances released or discharged at the Site by reason of the acts or omissions of Supplier or its Subcontractors, which shall be Supplier’s responsibility).

Hazardous Substances. Tenant shall covenants and agrees that it will not (either with use, keep or without negligence) cause suffer to be kept, or permit within or on the Premises the escapegenerate, disposal store, or release of any biologically- hazardous, toxic, or chemically-active or other hazardous or toxic infectious substances, materials materials, wastes, pollutants or wastes contaminants including but not limited to petroleum products (collectively, "“Hazardous Substances"”) in, upon or about the Premises or any portion of the shopping center in which the Premises are located (“Shopping Center”). Tenant shall not allow promptly remove and clean up any Hazardous Substance brought onto or about the generationPremises or the Shopping Center in violation of this provision. Tenant shall indemnify, storage or use protect, defend and hold harmless Landlord and its employees, directors, officers, shareholders, agents, affiliates, and successors in interest (collectively, the “Landlord Parties”) from and against all claims, damages, liabilities, penalties, judgments, settlements, loss of rents, costs and expenses including reasonable attorneys’ fees and court costs collectively hereinafter referred to as “Claims” incurred by Landlord in connection with any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsused, unless such Hazardous Substances are kept, generated, stored or used in accordance released by Tenant on the Premises or Shopping Center or to correct any violation of this covenant, or to remove, neutralize or render harmless any Hazardous Substance, or to comply with the Legal Requirements and approved in advance in writing by Landlord. Any use requirements of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of regulatory body having jurisdiction over Hazardous Substances, then or to contest the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result actions of any Hazardous Substances being generated, used or disposed of in or on, or brought to, such regulatory body with respect to the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the PremisesShopping Center. The within covenants Tenant’s indemnity obligation hereunder shall survive the expiration or earlier termination of this Lease. If Tenant knows or has reasonable cause to believe that a Hazardous Substance is located, in, on, under or about the Premises, other than as previously consented to by Landlord in writing, Tenant shall immediately give written notice of such fact to Landlord. Tenant shall also immediately give to Landlord a copy of any documents received from any governmental authority regarding the presence of Hazardous Substances in, on, under or about the Premises. Tenant shall, at its sole cost and expense, comply with all applicable laws relating to Hazardous Substances and all directives and orders of governmental agencies relating to Hazardous Substances. Landlord and its lenders shall have the right to enter the Premises at any time upon reasonable notice for the purpose of verifying compliance with applicable laws relating to Hazardous Substances. The cost of such inspection shall be paid for by Landlord, unless contamination caused by Tenant is found to exist in, on, under or about the Shopping Center or a default exists under this Lease.

Hazardous Substances. (a) Landlord represents, warrants and covenants to the Tenant shall not as follows: (either with or without negligencei) cause or permit within or on To the Premises the escapebest of Landlord's current actual knowledge, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord the Property are in full compliance with all applicable laws, rules and regulations regarding any "Hazardous Material" (as defined below) or any lender "Environmental Requirements" (as defined below) and Landlord represents that, to its current actual knowledge, there does not, and did not, exist in, on, under, about, emanate from or governmental agency requires testing originate the Premises, now or in the past, any Hazardous Materials in violation of any Environmental Requirements; and (ii) To its current actual knowledge, Landlord is not in violation of any Environmental Requirements concerning or relating to ascertain whether the use, generation, storage, handling or not there has been any release disposal of Hazardous SubstancesMaterials at the Premises. (b) Landlord agrees to indemnity, then the reasonable costs thereof shall be reimbursed defend and save Tenant harmless from and against any and all "Environmental Damages" defined below incurred by Tenant arising or accruing during the Term, or any renewals or extensions thereof, resulting from the inaccuracy of any representation of Landlord contained in this paragraph 21 or any contamination of the Premises during Landlord's ownership of the Premises caused by Landlord, unless and to the extent such Environmental Damages are caused by any breach by Tenant of its representations, covenants or warranties set forth below. The obligation of Landlord upon demand under this paragraph 21 shall include the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by Tenant), conducting all negotiations of any description, and paying and discharging, when and as Additional Rentthe same become due, all Environmental Damages subject to Landlord's indemnity. In additionTenant, Tenant at its sole expense, may employ additional counsel of its choice to associate with counsel representing Landlord. The obligations of Landlord under this section shall execute affidavits, representations survive the expiration or earlier termination of this Lease and the like from time discharge of all other obligations owed by Landlord to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. FurtherTenant agrees to indemnify, Tenant shall indemnify defend and save Landlord harmless from and against any and all clean-up costsEnvironmental Damages incurred by Landlord arising or accruing during the Term, remedial or restoration workany renewals or extensions thereof, resulting from the inaccuracy of any representation or warranty of Tenant contained in this paragraph 21 or any contamination of the Premises caused by Tenant, unless and to the extent such Environmental Damages are caused by any breach by Landlord of its representations, warranties or covenants set forth herein. The obligation of Tenant under this paragraph 21 shall include the burden and expense of defending all claims, judgmentssuits, damagesadministrative proceedings (with counsel reasonably approved by Landlord), penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result conducting all negotiations of any Hazardous Substances being generateddescription, used or disposed of in or onand paying and discharging, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or when and as the result same become due, all Environmental Damages subject to Tenant's indemnity. Landlord, at its sole expense, may employ additional counsel of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premisesits choice to associate with counsel representing Tenant. The within covenants obligations of Tenant under this section shall survive the expiration or earlier termination of this LeaseLease and the discharge of all the obligations owed by Tenant to Landlord. (c) Tenant shall comply with all Environmental Requirements relating to the Premises (excluding the application thereof to Hazardous Materials present at, or under the Premises, either (i) as a result of acts of Landlord, at or under the Premises or any third party not an employee, agent or contractor of Tenant, or (ii) prior to Tenant's possession of the Premises) and shall not cause or permit any Hazardous Materials to be brought upon, kept or used in, on, under or about the Premises in violation of Environmental Requirements. Without limiting the foregoing, if the presence of any Hazardous Materials on the Premises in violation of any Environmental Requirement brought upon, kept or used by Tenant or any of Tenant's employees, agents, contractors or customers, results in any contamination of the Premises, Tenant shall promptly take all actions at its sole costs as are necessary to comply with all applicable Environmental Requirements. Tenant shall promptly notify Landlord of its receipt of any report, citation, notice or other writing ("Environmental Notice") and deliver a copy thereof to the other party (except to the extent such Environmental Notice contains trade secrets, proprietary information as determined under the law of the State of Florida, or privileged information) by or from any governmental authority in any way related to the unlawful presence or suspected unlawful presence of Hazardous Materials at, or under the Premises. Tenant shall upon request of Landlord, but not more than once annually, represent in writing, that to the best of its current actual knowledge its operations in the Premises as of the time of such representation, have not resulted in the unlawful presence of any Hazardous Materials in, upon or under the Premises arising out of Tenant's occupancy or operation. At the request of the Landlord, Tenant shall make available for inspection and copying upon reasonable notice and at reasonable times, any documents, reports or other data related to the Premises other than those pertaining to trade secrets, proprietary information as determined under the law of the State of Florida or privileged information as required by, or submitted to a government authority pursuant to an Environmental Requirement. Notwithstanding the foregoing, Landlord shall have the right in the event Landlord reasonably suspects the unlawful presence of Hazardous Materials in, upon or under the Premises arising out of Tenant's occupancy or operation, to enter the Premises to perform soil or ground water tests to confirm such unlawful presence, and in the event such tests disclose such an unlawful presence of Hazardous Materials caused by Tenant's occupancy or operations, Tenant shall be responsible for the costs of performing such tests. In the event that no such unlawful presence is found, Landlord shall be responsible for any tests performed at Landlord's direction. The provisions within this paragraph shall survive termination of this Lease for a period of twelve (12) months and shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors and assigns, and mortgagees thereof.

Hazardous Substances. A. Prohibition Against Hazardous Substances. Tenant shall not (either with or without negligence) cause ---------------------------------------- or permit within any Hazardous Substances to be brought upon, produced, stored, used, discharged or on disposed of in or near the Premises Project unless Landlord has consented to such storage or use in its sole discretion. Landlord hereby consents to the escapeuse and storage of (i) those Hazardous Substances which may be contained in the fire suppression system utilized in connection with the Data Center, disposal or release and (ii) the diesel which shall be stored only in the diesel holding tanks and used solely in connection with the operation of any biologically- or chemically-active or other hazardous or toxic substancesthe backup generator for the Data Center to be located outside the Building, materials or wastes (collectively, the "Approved Hazardous Substances"), subject to the terms and conditions set forth herein. Tenant shall not allow the generationAny handling, storage transportation, storage, treatment, disposal or use of any Approved Hazardous Substances within in or about the Premises in Project by Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable Governmental Requirements. Tenant shall obtain Landlord's prior written consent before making any manner other than normal quantities of cleaning solvents controlled and stored in accordance with changes to the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Approved Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgments, damages, penalties, fines, reasonable attorneys' fees and court costs, liabilities reasonable remediation costs, reasonable investigation costs and any other reasonable expenses which result from or lossesarise out of the use, includingstorage, without limitationtreatment, attorneys'transportation, consultants' and experts' feesrelease, which arise during or after disposal of any Hazardous Substances on or about the Term Project by Tenant, its agents, employees, contractors or invitees. If any lender or governmental agency shall require testing for Hazardous Substances in the Premises, Tenant shall pay for such testing, provided that such testing is required as a result of any Hazardous Substances being generatedTenant's (or its agent's, used employee's, contractor's or disposed of invitees') activities in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in about the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. Tenant Lessee [or other occupant pursuant to any agreement authorizing mining] shall not (either with keep on or without negligence) cause or permit within or on about the Premises the escape, disposal or release of premises any biologically- or chemically-active or other hazardous or toxic substances, materials as defined under 42 U.S.C. 9601(14) or wastes 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, (collectivelyhereinafter, "for the purposes of this Lease, collectively 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. Tenant Lessee shall not allow immediately notify Lessor, the generationBureau of Land Management, storage the surface management agency, and any other Federal, State and local agency with jurisdiction over the Leased Premises, or use contamination thereon, of (i) all reportable spills or releases of any Hazardous Substances within Substance affecting the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance Leased Premises, (ii) all failures to comply with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable Federal, state or local laws 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 any correspondence, 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 government entity or private Party concerning the Leased Premises. 9.5 Hazardous Substances Indemnity. Lessee [or other occupant pursuant to any agreement authorizing mining] shall indemnify, defend, and hold harmless Lessor and the regulations adopted under these acts. If Tenant uses Hazardous Substances within United States (as successor Lessor or owner pursuant to reversion or as owner of surface estate) its agencies, employees, officers, and agents with respect to any and all damages, costs, liabilities, fees (including attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or in any way related to Lessee’s use, disposal, transportation, generation, sale or location upon or affecting the Leased Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then as defined in paragraph 9.4 of this Lease. This indemnity shall extend to the reasonable costs thereof actions of Lessee’s employees, agents assigns, sublessees, contractors, subcontractors, licensees and invitees. Lessee shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In additionfurther indemnify, Tenant shall execute affidavits, representations defend and hold harmless Lessor and the like United States from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, fees (including attorneys’ fees and costs), penalties (civil and criminal), and cleanup costs arising out of or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after in any way related to any breach of the Term as a result provisions of any this Lease concerning Hazardous Substances being generated, used or disposed of Substances. This indemnity is in or on, or brought addition to, and in no way limits, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant general indemnity contained in the Premises. The within covenants shall survive the expiration or earlier termination paragraph 16.1 of this Lease.

Hazardous Substances. Tenant shall not (either cause or permit any -------------------- Hazardous Substance to be used, stored, generated or disposed of on or in the Premises by Tenant, Tenant's agents, employees, contractors or invitees, without first obtaining Landlord's written consent. If Hazardous Substances are used, stored, generated or disposed of on or in the Premises whether with or without negligence) cause Landlord's consent or permit within or on if the Premises the escape, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within the Premises become contaminated in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If which Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Furtheris legally liable, Tenant shall indemnify and save hold harmless the Landlord harmless from and against any and all clean-up costsclaims, remedial or restoration workdamages, claimsfines, judgments, damages, penalties, fines, costs, liabilities or losses, losses (including, without limitation, attorneys'a decrease in value of the Premises, consultants' Building, or Property damages due to loss or restriction of rentable or usable space, or any damages due to adverse impact on marketing of the space, and experts' any and all sums paid for settlement of claims, attorney's fees, which arise consultant and expert fees) arising during or after the Lease Term and arising as a result of such use, storage, generating or disposal of contamination by Tenant. 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 any Hazardous Substances being generated, used or disposed of in or on, or brought to, Substance on the Premises by and such results in contamination, Tenant or shall promptly, at its employeessole expense, agents, contractors or invitees, or as take any and all necessary actions to return the result of an abatement, treatment or management required as Premises to the result condition existing prior to the presence of any acts, negligence, repairs or alterations made by Tenant in the such Hazardous Substance on Premises. The within covenants Tenant shall survive the expiration or earlier termination of this Leasefirst obtain Landlord's approval for any such remedial action.

Hazardous Substances. Tenant Borrower shall not (either with or without negligence) cause or permit within or on the Premises the escapepresence, disposal use, disposal, storage, or release of any biologically- Hazardous Substances on or chemically-active in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written noticx xx xny investigation, claim, demand, lawsuit or other hazardous action by any governmental or toxic substancesregulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, materials or wastes xx xxxxxied by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmiess Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and agalnst any and all claims, demands, causes of action, loss, damage, cost (collectivelyincluding actual attorneys ‘ fees and court costs and costs of any required or necessary repair, "cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, contalnment, remedial or other required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances"). Tenant shall not allow , (c) the generation, storage or use violation of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled law, and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of (d) any Hazardous Substances being generatedclaims. As used in this paragraph 20, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender xxxxxxx covenxxx xxd agree as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.follows:

Hazardous Substances. Tenant agrees not to cause any Hazardous Material (as hereinafter defined) to be installed, brought, kept, used, stored, or discharged on, about, over or under the Premises or the Building except generator fuel and normal office, cleaning and maintenance supplies, Tenant shall not (either with be responsible in any way for any Hazardous Material installed, brought, kept, used, stored, or without negligence) cause discharged on, about, over or permit within or on under the Premises or the escapeBuilding by Landlord or any employee, disposal contractor, agent or release representative of any biologically- or chemically-active Landlord or other hazardous or toxic substancesTenant. For purposes hereof, materials or wastes (collectivelythe term "Hazardous Material" shall include, without limitation, any substances defined as "Hazardous Waste", "Hazardous Substances"). Tenant shall not allow , "Hazardous Materials", or "Toxic Substances" by the generationResource Conservation and Recovery Act of 1976, storage as amended from time to time, or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirementsregulations promulgated thereunder, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amendedamended from time to time, 42 U.S.C. Section 9601 et seq.or the regulation promulgated thereunder, or any applicable other federal, state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within statute, law, ordinance, code, rule, regulation, order, decree or other requirement of any governmental authority, having jurisdiction over the Premises and if Landlord and/or the Building which regulates or imposes liability or standards at any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substancestime hereafter effect (collectively, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent"Environmental Laws"). In additionNotwithstanding the foregoing, Tenant shall execute affidavitsmay store and use on the Premises materials and substances customarily used in a business such as that of Tenant, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, provided that Tenant shall indemnify do so in accordance with applicable law. Tenant covenants, at its cost and expense, to protect, indemnify, defend, and save Landlord harmless against and from and against any and all clean-up costsdamages, remedial or restoration worklosses, liability, obligations, penalties, claims, litigation, demands, defenses, judgments, damagessuits, penaltiesproceedings, fines, costs, liabilities costs or losses, expenses of any kind or nature (including, without limitation, attorneys', consultants' reasonable attorney's fees and experts' fees) with may at any time may be imposed upon, which arise during incurred by or after asserted or awarded against Landlord arising from or out of any hazardous substance on, in, under, or affecting the Term Premises, the Building or any part thereof as a result of any Hazardous Substances being generatedact or omission by Tenant, used or disposed of in or onpermitted sublessees, or brought to, the Premises by licensee of Tenant or its employeesother person or entity acting at the direction of Tenant, agentsother than an employee, contractors or inviteesagent, contractor, or as the result representative of an abatement, treatment Landlord. Landlord is responsible for controlling and abating any asbestos or management required as the result of any acts, negligence, repairs or alterations made by Tenant other hazardous material presently in the Building and Premises. The within covenants shall survive the expiration or earlier termination of this Lease.

Hazardous Substances. A. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances to be brought upon, stored, or used in, on or under the Premises Project other than such quantities of Hazardous Substances as are customary and reasonably necessary for the escapeconduct of the Permitted Uses listed in the Schedule to this Lease, and which are listed in the Chemical Inventory attached hereto as Exhibit F, unless Landlord has consented in writing to the storage or use of larger quantities of such Hazardous Substances or to the use and storage of additional Hazardous Substances, in its sole discretion. Any handling, transportation, storage, treatment, disposal or release of any biologically- or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances"). Tenant shall not allow the generation, storage or use of any Hazardous Substances within in or about the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance Project by Tenant, its agents, employees, contractors or invitees shall strictly comply with the Legal all applicable Governmental Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavitsindemnify, representations defend and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save hold Landlord harmless from and against any and all clean-up costsliabilities, remedial or restoration worklosses, claims, judgments, damages, penalties, fines, attorneys' fees and court costs, liabilities remediation costs, investigation costs and any other expenses which result from or lossesarise out of the use, includingstorage, without limitationtreatment, attorneys'transportation, consultants' and experts' feesrelease, which arise during or after the Term as a result disposal of any Hazardous Substances being generatedon or about the Project by Tenant, used or disposed of in or onits agents, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees. If any lender or governmental agency shall require testing for Hazardous Substances in the Premises or the Enclosure Area, or Tenant shall pay 42 for such testing. In addition, Tenant may use and store in the Premises certain Hazardous Substances, such as inks, document duplication fluids and janitorial cleaning fluids (the result "Necessary Hazardous Substances") as are necessary in the normal operation of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant Tenant's business in the Premises. The within covenants shall survive , if Tenant (i) transports all such Necessary Hazardous Substances to and from the expiration Premises only via the loading dock and the freight elevator; (ii) uses and stores all Necessary Hazardous Substances in accordance with all applicable Governmental Requirements; (iii) indemnifies and holds Landlord harmless from any claims, costs or earlier termination damages arising from the presence of this Leaseany Necessary Hazardous Substances in the Building; and (iv) pays any increased insurance premiums arising from the presence of any Necessary Hazardous Substances in the Building.

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substance to be spilled, leaked, disposed of, discharged or otherwise released on or under the Property. Tenant may use or otherwise handle on the Premises Property only those Hazardous Substances typically used or sold in the escapeprudent and safe operation of the business specified in Section 3.1; provided, disposal however, if the Tenant uses or release handles Hazardous Substances on the Property in the operation of any biologically- the business specified in Section 3.1, Tenant shall assume full and complete responsibility therefore and all liability and expense relating thereto or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "arising therefrom. Tenant may store such Hazardous Substances")Substances on the Property only in quantities necessary to satisfy Tenant’s reasonably anticipated needs. Tenant shall not allow comply with all Environmental Laws and exercise the generationhighest degree of care in the use, handling, and storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances and shall only be in take all practicable measures to minimize the ordinary course quantity and toxicity of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in used, handled, or stored on the Comprehensive Environmental ResponseProperty. Upon the expiration or termination of this Lease, Compensation and Liability Act of 1980Tenant shall, as amendedat Tenant’s sole expense, 42 U.S.C. Section 9601 et seq., any applicable state remove all Hazardous Substances brought or local laws and permitted by Tenant from the regulations adopted under these actsProperty. If Tenant uses Hazardous Substances within breaches the Premises and obligations stated in this Section 3.3, or if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances Materials on the Property caused or permitted by Tenant results in contamination of the Premises. FurtherProperty, then Tenant shall indemnify indemnify, defend and save hold Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities liabilities, or losseslosses (including without limitation diminution in value of the Property, includingdamages for the loss or restriction on the use of rentable or usable space or of any adverse impact on marketing of space on the Property, without limitationand sums paid in settlement of claims, attorneys', consultants' and experts' ’ fees, consultant fees and expert fees) which arise during or after the Term lease term as a result of any Hazardous Substances being generated, used or disposed such contamination. This indemnification of in or on, or brought to, the Premises Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or its employeesany clean-up, agentsremediation, contractors removal or inviteesrestoration work required by any federal, state or as the result local governmental agency, political subdivision, lender or buyer because of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant Hazardous Material present in the Premises. The within covenants shall survive soil or groundwater on or under the expiration Property brought or earlier termination permitted by Tenant, diminution in value of this Lease.the Property, damages for the loss or restriction on use of rentable or usable space or of any

Hazardous Substances. Tenant shall not (either with or without negligence) cause or permit within any Hazardous Substances (as defined below) to be used, stored, generated or disposed of on or in the Leased Premises by Tenant, its agents, employees, contractors or invitees in violation of applicable law. The term “Hazardous Substance” means any substance that is toxic, ignitable, reactive or corrosive, the use or disposal of which is restricted, regulated or penalized by any federal, state or local statute, ordinance, regulation or other law of a governmental or quasi-governmental authority relating to pollution or protection of the environment or the regulation or storage of such materials. The term “Hazardous Substance” includes any and all materials or substances that are defined as: “hazardous waste”, “extremely hazardous waste” or a “hazardous substance” pursuant to state, federal or local governmental law. The term “Hazardous Substance” includes but is not limited to asbestos, polychlorobiphenyls (“PCBs”) and petroleum. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substances on the Premises Leased Premises, the escapeProperty or the Project which results in contamination, disposal Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Leased Premises, the Property or release the Project to the condition existing prior to the presence of any biologically- such Hazardous Substances on the Leased Premises, the Property or chemically-active or other hazardous or toxic substances, materials or wastes (collectively, "Hazardous Substances")the Project. Tenant shall not allow first obtain Landlord’s written approval for any remedial action. The provisions of this Section 4.19 shall be in addition to any other obligations and liabilities Tenant may have to Landlord at law or in equity and shall survive the generationtransactions contemplated herein and shall survive the termination of this Lease. Landlord warrants to Tenant that there are no Hazardous Substances on the Property or in the Leased Premises as of the Effective Date. Landlord shall be responsible for the removal of, and shall indemnify, hold harmless and defend Tenant from and against any claims, suits, losses, damages and expenses resulting from the presence of, any Hazardous Substances on the Property or in the Building or the Leased Premises prior to the Effective Date of this Lease or that are hereafter brought into the Building or the Leased Premises or onto the Property by Landlord (or its Affiliates or their respective agents or contractors). Notwithstanding the foregoing, Tenant may maintain (i) cleaning, printing, lubricating and similar fluids, solvents and materials normally and commonly used in general office and similar situations, and (ii) pharmacological and other substances and materials, including sharps, permitted or produced in connection with the conduct of clinical trials approved by the U.S. Food and Drug Administration, as are necessary for Tenant’s Permitted Use of the Leased Premises; provided that any such use of Hazardous Substances is conducted in accordance with applicable federal, state and local laws, ordinances and regulations, Tenant maintains all such materials in proper containers designed to avoid leakage or contamination, and Tenant obtains and maintains all governmental permits and approvals that may be required for the possession, storage or use of any Hazardous Substances within the Premises in any manner other than normal quantities of cleaning solvents controlled and stored in accordance with the Legal Requirements, unless such Hazardous Substances are generated, stored or used in accordance with the Legal Requirements and approved in advance in writing by Landlord. Any use of Hazardous Substances shall only be in the ordinary course of Tenant's business and in accordance with the highest standards prevailing in the industry for the generation, storage and use of such Hazardous Substances. Without limitation, Hazardous Substances shall include those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seqsame., any applicable state or local laws and the regulations adopted under these acts. If Tenant uses Hazardous Substances within the Premises and if Landlord or any lender or governmental agency requires testing to ascertain whether or not there has been any release of Hazardous Substances, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as Additional Rent. In addition, Tenant shall execute affidavits, representations and the like from time to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of Hazardous Substances in the Premises. Further, Tenant shall indemnify and save Landlord harmless from and against any and all clean-up costs, remedial or restoration work, claims, judgments, damages, penalties, fines, costs, liabilities or losses, including, without limitation, attorneys', consultants' and experts' fees, which arise during or after the Term as a result of any Hazardous Substances being generated, used or disposed of in or on, or brought to, the Premises by Tenant or its employees, agents, contractors or invitees, or as the result of an abatement, treatment or management required as the result of any acts, negligence, repairs or alterations made by Tenant in the Premises. The within covenants shall survive the expiration or earlier termination of this Lease.