Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees acknowledges that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause occupied each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan Premises listed on the original Schedule A to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as this Lease prior to the progress and satisfaction of Commencement Date for such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance Premises as set forth on Schedule A. Except with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related respect to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond matters arising prior to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition toPremises, and without limiting Paragraph 10or matters caused by Landlord or any of Landlord’s employees, of this Leaseagents, or contractors, Tenant shall and hereby does agree at all times comply with, or cause to defendbe complied with, indemnify and hold any “Environmental Law” (as defined below in Section 4.4) governing each Lender, of the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and Premises or the use thereof by Tenant or any of Tenant’s employees, harmless from agents, contractors, invitees, licensees, customers, or clients, except as permitted in Section 4.5 below, shall not use, store, generate, treat, transport, or dispose of, or permit any of Tenant’s employees, agents, contractors, invitees, licensees, customers, or clients to use, store, generate, treat, transport, or dispose of, any “Hazardous Substance” (as defined below in Section 4.4) on any of the Premises without first obtaining Landlord’s written approval, shall promptly and against completely respond to and clean up any and all causes of actions, suits, demands release or judgments presence of any nature whatsoeverHazardous Substances upon each of the Premises, lossesexcept to the extent such release or presence either occurred prior to the date on which Tenant occupied such Premises or was caused by Landlord or any of Landlord’s employees, damagesagents, penalties, expenses, fees, claims, costs (including response and remedial costs)or contractors, and liabilitiesshall pay all costs incurred as a result of the environmental state, condition and quality of each of the Premises, including, but not limited to, the costs of any “Environmental Cleanup Work” (as defined below in Section 4.4) and the preparation of any closure or other required plans, except to the extent such release or presence either occurred prior to the date on which Tenant occupied such Premises or was caused by Landlord or any of Landlord’s employees, agents, or contractors, (all of the foregoing obligations of Tenant under this Section 4.3 are hereinafter collectively “Tenant’s Environmental Obligations”). Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, actions, damages, penalties, fines, liabilities and expenses, including reasonable attorneys’ fees and costs of litigationfees, arising which are directly or indirectly, in whole or in part, caused by or arise out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or Tenant’s failure to remove or otherwise remediatetimely perform Tenant’s Environmental Obligations. Landlord represents and warrants to Tenant that, as required by this Paragraph 26of the date on which Tenant occupied each Premises, no Hazardous Materials from, Substances were located on or to any Leased Property or any portion or portions thereof, including any past or current Release such Premises and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except such Premises were in compliance with all applicable Environmental Laws. Landlord shall indemnify, defend and hold harmless Tenant from and against any and all claims, actions, damages, penalties, fines, liabilities and expenses, including reasonable attorneys’ fees, to the extent caused by or arising out of any failure of the foregoing representation and warranty of being true and accurate. Landlord and Tenant shall promptly deliver to the other true and complete copies of all notices, correspondence and requests received by the notifying party from any governmental authority or third parties relating to the presence, release, use, storage, treatment, transportation, or disposal of Hazardous Substances on any of the Premises. Tenant shall permit Landlord and Landlord’s agents to enter into and upon each of the Premises, during normal business hours on prior reasonable notice, for the purpose of inspecting the Premises and verifying Tenant’s compliance with these covenants. The provisions of this Section 4.3 shall survive the expiration or other termination of this Lease.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (aas hereinafter defined) Tenant to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course as part of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy use of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates Leased Premises as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friablea research laboratory, Tenant shall abe permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety ▇▇▇▇▇ said Asbestos ▇, provided Tenant must use and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when store such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse 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 and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. 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. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement. B. As used herein, “Hazardous Substance” means (i) any substance that is toxic, ignitable, reactive or corrosive or that is regulated by any local, state or federal law, and includes any and all material or substances that are defined as “hazardous waste”, “extremely hazardous waste”, “hazardous substance” or a “hazardous material” pursuant to any such laws and includes, but is not limited to, asbestos, polychlorobiphenyls and petroleum and any fractions thereof, (ii) any substance which is now or hereafter considered a biological contaminant or which could adversely impact air quality, including mold, fungi and other bacterial agents and (iii) all biohazardous, infectious and medical waste. Notwithstanding anything in this Section 39 to the contrary, “Hazardous Substances” shall not include materials commonly used in the ordinary operations of a general office building, provided that (1) such materials are used and properly stored in the Leased Premises in quantities ordinarily used and stored in comparable medical space, (2) such materials are not introduced into the Building’s plumbing systems or are not otherwise released or discharged in the Leased Premises or the Building and (3) such materials are in strict compliance with local, state or federal law. As used herein, “Environmental Laws” means all applicable federal, state or local laws, regulations, orders, judgments and decrees regarding health, safety or the environment.

Hazardous Substances. (a) Tenant agrees that it will shall not ongenerate, aboutstore (except for small quantities of substances ordinarily stored and used in connection with general office use if stored, used and disposed of, in accordance with all laws relating thereto), dispose of or release, or permit the storage, use, disposal or release of, any "Hazardous Substances" (as hereinafter defined), in, above, on or under any Leased Propertythe Premises or the Project. Tenant shall remove, release, treat or dispose of clean-up and remedy any Hazardous Materials; but Substance on the foregoing shall not prevent the use, storage Premises or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants law, provided that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction presence of such O&M PlanHazardous Substance resulted from the action or inaction of Tenant, (ii) prevent or any Asbestos from becoming friable Tenant Parties and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill be obligated to continue to pay Rent hereunder until such removal, clean-up or remedy is completed in accordance with law as soon as practicable following applicable laws, whether or not the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanTerm shall terminate or expire. (b) To Tenant shall not take or permit any action that would cause the extent required by Environmental LawsPremises or Project to become an "establishment" (as defined in the Connecticut Transfer Act, C.G.S. ss. 22a-134). Tenant hereby grants Landlord the right to inspect the Premises on not less than twenty-four (24) hours notice to Tenant (except in the event of an emergency in which case Landlord will use reasonable efforts commensurate with the nature of the emergency condition to give Tenant prior notice) throughout the Term, to determine that Tenant is in compliance with applicable laws and Tenant agrees to provide Landlord with all information necessary to ascertain that Tenant is in compliance with applicable laws. Tenant shall cooperate with Landlord in satisfying any legal requirements imposed upon Landlord relating to Tenant's operations, and, upon Landlord's written request, shall furnish complete information to Landlord with regard to its operations. In connection with any transfer of the Premises or Project, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, comply with the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release Connecticut Transfer Act and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termother applicable laws relative to its operations. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant represents and warrants to Landlord and agrees that it will not onthat, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, during the term of this Lease and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos any extensions or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)renewals thereof, Tenant shall: : (i) preparepromptly comply at Tenant’s sole cost and expense, maintain and timely comply with an asbestos operations and maintenance plan all laws, orders, rules, regulations, certificates of occupancy, or other requirements, as the same now exist or may hereafter be enacted, amended or promulgated, of any federal, municipal, state, county or other governmental or quasi-governmental authorities and/or any department or agency thereof relating to the manufacturing, processing, distributing, using, producing, treating, storing (above or below ground level), disposing or allowing to be present (the “Environmental Activity”) of hazardous substances in or about the Premises (each, an “O&M PlanEnvironmental Law”) , and shall provide a copy all of the O&M Plan to Landlord andthem, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, “Environmental Laws”). (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries its agents and employees, harmless from and against any and all demands, claims, causes of actions, suits, demands or judgments of any nature whatsoever, losses, damagesaction, penalties, expensesliabilities, feesjudgments, claims, costs damages (including response consequential damages) and remedial expenses including, without limitation, court costs and reasonable attorneys’ fees incurred by Landlord as a result of (a) Tenant’s failure or delay in properly complying with any Environmental Law, or (b) any adverse effect which results from the Environmental Activity, whether of Tenant or Tenant’s subtenants or any of their respective agents, employees, contractors or invitees, with or without Tenant’s consent, which has caused, either intentionally or unintentionally, such Environmental Activity. If any action or proceeding is brought against Landlord, its agents or employees by reason of any such claim, Tenant, upon notice from Landlord, will defend such claim at Tenant’s expense with counsel reasonably satisfactory to Landlord. This indemnity obligation by Tenant of Landlord will survive the expiration or earlier termination of this Lease. (iii) promptly disclose to Landlord by delivering, in the manner prescribed for delivery of notice in this Lease, a copy of any forms, submissions, notices, reports, or other written documentation (each, a “Communication”) relating to any Environmental Activity by Tenant or any of Tenant’s subtenants or any of their respective agents, employees, contractors or invitees, whether any such Communication is delivered to Tenant or any of its subtenants or is requested of Tenant or any of its subtenants by any federal, municipal, state, county or other government or quasi-governmental authority and/or any department or agency thereof. (iv) in the event there is a release of any hazardous substance as a result of or in connection with any Environmental Activity by Tenant or any of Tenant’s subtenants or any of their respective agents, employees, contractors or invitees, which must be remediated under any Environmental Law, Tenant shall immediately notify Landlord and Landlord shall perform the necessary remediation and Tenant shall reimburse Landlord for all costs thereby incurred within fifteen (15) days after delivery of a written demand therefor from Landlord (which shall be accompanied by reasonable substantiation of such costs). In the alternative, Landlord shall have the right to require Tenant, at its sole cost and expense, to perform the necessary remediation in accordance with a detailed plan of remediation which shall have been approved in advance in writing by Landlord. Landlord shall give notice to Tenant within thirty (30) days after Landlord receives notice or obtains knowledge of the required remediation. The rights and obligations of Landlord and Tenant set forth in this subparagraph (iv) shall survive the expiration or earlier termination of this Lease. (v) notwithstanding any other provisions of this Lease, allow Landlord, and liabilitiesany authorized representative of Landlord, access and the right to enter and inspect the Premises for Environmental Activity, at any time deemed reasonable by Landlord, without prior notice to Tenant. The term “hazardous substances” as used in the Lease, is defined as follows: any element, compound, mixture, solution, particle or substance, which presents danger or potential danger of damage or injury to health, welfare or to the environment including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with : (i) the violation of any Environmental Law with respect to any Leased Property those substances which are inherently or any prior ownership of any Leased Property; potentially radioactive, explosive, ignitable, corrosive, reactive, carcinogenic or toxic and (ii) the Release those substances which have been recognized as dangerous or threatened Release of or failure potentially dangerous to remove or otherwise remediatehealth, as required by this Paragraph 26, Hazardous Materials from, on welfare or to the environment by any Leased Property federal, municipal, state, county or other governmental or quasi-governmental authority and/or any portion department or portions agency thereof, including . Compliance by Tenant with any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or provision of this Article 9 shall not arising out of or in any manner connected with Tenant’s occupancy be deemed a waiver of any Leased Property during other provision of this Lease. Without limiting the Initial Term or foregoing, Landlord’s consent to any extension or Renewal TermEnvironmental Activity shall not relieve Tenant of its indemnity obligations under the terms hereof. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not onIf the Company should commence the use, abouttreatment, transportation, generation, storage or under any Leased Property, release, treat or dispose disposal of any Hazardous Materials; but Substance in reportable quantities in its operations in addition to those (if any) noted in Schedule 5.01(j) attached to this Agreement, the foregoing Company shall not prevent immediately notify the use, storage or existence FHI of the commencement of such activity with respect to each such Hazardous Substance. The Company shall cause any Hazardous Materials Substances which are now or may hereafter be used or generated in the ordinary course operations of Tenant’s business the Company in accordance reportable quantities to be accounted for and disposed of in compliance with all Environmental Laws and other applicable federal, state and local laws and regulations. Tenant covenants that it will The Company shall notify the FHI immediately upon obtaining knowledge that: (1) any premises which have at all times complyany time been owned or occupied by or have been under lease to the Company are the subject of an environmental investigation by any federal, and will cause each Leased Property state or local governmental agency having jurisdiction over the regulation of any Hazardous Substances, the purpose of which investigation is to quantify the levels of Hazardous Substances located on such premises, or (2) the Company has been named or is threatened to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide named as a copy of party responsible for the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments possible contamination of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilitiesreal property or groundwater with Hazardous Substances, including, but not limited to, reasonable attorneys’ fees to the contamination of past and costs of litigation, arising out of or in any manner connected with (i) present waste disposal sites. If the violation Company is notified of any Environmental Law event described in Sections 5.01(j)(1) or (2) above, the Company shall immediately engage a firm or firms of engineers or environmental consultants appropriately qualified to determine as quickly as practical the extent of contamination and the potential financial liability of the Company with respect to any Leased Property or any prior ownership thereto, and the FHI shall be provided with a copy of any Leased Property; (ii) report prepared by such firm or by any governmental agency as to such matters as soon as any such report becomes available to the Release Company, and Company shall immediately establish reserves in the amount of the potential financial liability of the Company identified by such environmental consultants or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy engineers. The selection of any Leased Property during engineers or environmental consultants engaged pursuant to the Initial Term requirements of this Section shall be subject to the approval of the FHI, which approval shall not be unreasonably withheld or any extension or Renewal Termdelayed. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Although Tenant has reviewed a Phase I Environmental Site Assessment prepared for ▇▇▇▇▇ ▇▇▇▇▇▇▇ by AES Due Diligence dated September 5, 2002, (athe “Entrance Assessment”) with respect to the Premises (and Landlord makes no representation or warranty regarding such report). Landlord shall indemnify Tenant agrees for losses incurred by Tenant resulting from the contamination of the Premises of Hazardous Materials to the extent Tenant establishes that it will not onthe contamination existed on the Premises before the Commencement Date (unless caused by Tenant or Tenant’s Invitees). Neither Tenant nor any of Tenant’s Invitees may use, aboutmanufacture, or under any Leased Propertystore, release, treat or dispose of any Hazardous Materials; but Materials anywhere within the foregoing shall not prevent Project, except in accordance with all Applicable Regulations and as identified in Tenant’s Operations Plan, and only if all claims, liabilities and damages arising from such Hazardous Materials are either adequately covered (and the use, storage Hazardous Materials permitted) by Landlord’s insurance or existence of covered (and the Hazardous Materials permitted) by supplemental insurance or endorsements appropriate to such use reasonably acceptable to Landlord. If the Premises is contaminated by any Hazardous Materials Material during the Term or if any part of the Project is contaminated by any Hazardous Material used by Tenant or Tenant’s Invitee, then (1) Tenant shall promptly notify Landlord in writing of such contamination, and (2) Landlord may elect to either (A) demand that Tenant perform all remediation required by Landlord (to Landlord’s satisfaction and at Tenant’s sole cost, necessary to return the Premises and Project to at least as good a condition as they were in as of the Commencement Date, which Tenant shall immediately do upon receipt of notice from Landlord, or (B) proceed to cause such investigation, clean-up, and remediation work which Landlord reasonably deems necessary or desirable to be undertaken, whereupon the entire cost thereof (plus a supervisory fee equal to five percent of such cost) will be payable by Tenant to Landlord upon demand as additional rent. If Tenant does not promptly commence and diligently pursue such remediation, then Landlord may perform or cause to be performed such remediation and Tenant shall immediately, upon demand, pay the cost thereof, plus a supervisory fee in the ordinary course amount of five percent of such cost. The parties obligations and liability under this paragraph shall survive the termination of Tenant’s business in accordance with applicable laws tenancy and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, except that nothing contained in this paragraph shall be deemed to impose liability on Tenant shall and hereby does agree for any problem arising after the Term of this Lease or later vacation of the Premises by Tenant or Tenant’s Invitees, provided neither Tenant nor Tenant’s Invitees contributed to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release such problem during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLease. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (ai) Tenant agrees Lessor and Lessee agree that it they will not onuse, aboutbring to, or under any Leased Propertytransport across, releasegenerate, treat store or dispose of any Hazardous Materials; but the foregoing shall not prevent Material on, under, about or within any Site in violation of any law or regulation. Lessor represents, (a) that neither Lessor nor, to Lessor’s knowledge, any third party has used, brought to, transported across, generated, stored or disposed of, or permitted the use, bringing to, transporting across, generation, storage or existence disposal of, any Hazardous Material on, under, about or within any Site in violation of any law or regulation except as disclosed on any SA; and (b) for any Site where Lessee is attaching to a Tower owned by Lessor and that Lessor manages, Lessor will not permit any party with which Lessor has entered into a collocation agreement to use, bring to, transport across, generate, store or dispose of any Hazardous Materials Material on, under, about or within any Site in violation of any law or regulation. Lessee will have responsibility for the identification, investigation, monitoring and remediation and/or cleanup of any environmental contamination, including but not limited to, groundwater, of a Site necessitated by Lessee‘s activity now or in the ordinary course future conducted in, on or in any way related to a Site. Lessor will have responsibility for the identification, investigation, monitoring and remediation and/or cleanup of Tenantany environmental contamination, including but not limited to, groundwater, of a Site necessitated by Lessor’s business activity now or in accordance with applicable laws and regulationsthe future conducted in, on or in any way related to a Site. Tenant covenants Notwithstanding the foregoing, each party retains whatever rights it may have under law to report to any governmental agency any environmental conditions that it will at all times comply, and will may cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos a reporting obligation under any law or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, regulation. (ii) prevent any Asbestos from becoming friable Lessor and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does Lessee each agree to defend, indemnify and hold each Lender, harmless the Trustee other and Landlord, their respective successors and assigns, officers, directors, shareholders, the other’s partners, members, affiliates, beneficiaries agents and employees, harmless from and employees against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damagesliabilities, penalties, expenses, fees, claims, claims or costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs costs) arising from any breach of litigationany representation, arising out of warranty or agreement contained in this Section 33. Nothing contained in this Section 33 will be construed or interpreted to require that Lessee remediate or assume any manner connected with (i) the liabilities for any Hazardous Material on, under, about or within any Site unless Lessee or Lessee’s employees, agents or contractors placed such Hazardous Material in violation of any Environmental Law with respect to any Leased Property law or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termregulation. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any the Leased PropertyPremises, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each the Leased Property Premises to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestosWithin one-containing materials are present in or at any Leased Property hundred and eighty (“Asbestos”)180) days from the Commencement Date, Tenant shall: (i) prepare, maintain shall cause to be prepared by a duly licensed engineer an Asbestos Operations and timely comply with an asbestos operations and maintenance plan Maintenance Plan (an “O&M Plan”) with respect to all asbestos-containing materials present at the Leased Premises and shall provide a copy of at all times during the Term maintain and comply with the O&M Plan Plan. In addition, with respect to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to asbestos-containing materials present in the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableLeased Premises, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and including, without limitation, the National Emissions Standards for Hazardous Air Pollutants (ivNESHAP) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Planprogram for Asbestos. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any the Leased Property Premises and whether or not arising out of or in any manner connected with Tenant’s occupancy of such the Leased Property Premises during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any the Leased Property Premises or any prior ownership of any the Leased PropertyPremises; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any the Leased Property Premises or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any the Leased Property Premises during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any the Leased Property Premises without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any the Leased Property Premises except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will shall not ongenerate, aboutstore (except for small quantities of substances ordinarily stored and used in connection with general office use if stored, used and disposed of, in accordance with all laws relating thereto), dispose of or release, or permit the storage, use, disposal or release of, any "HAZARDOUS SUBSTANCES" (as hereinafter defined), in, above, on or under any Leased Propertythe Premises or the Project. Tenant shall remove, release, treat or dispose of clean-up and remedy any Hazardous Materials; but Substance on the foregoing shall not prevent the use, storage Premises or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants law, provided that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction presence of such O&M PlanHazardous Substance resulted from the action or inaction of Tenant, (ii) prevent or any Asbestos from becoming friable Tenant Parties and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill be obligated to continue to pay Rent hereunder until such removal, clean-up or remedy is completed in accordance with law as soon as practicable following applicable laws, whether or not the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanTerm shall terminate or expire. (b) To Tenant shall not take or permit any action that would cause the extent required by Environmental LawsPremises or Project to become an "establishment" (as defined in the Connecticut Transfer Act, C.G.S. Section 22a-134). Tenant hereby grants LandloRd the right to inspect the Premises on not less than twenty-four (24) hours notice to Tenant (except in the event of an emergency in which case Landlord will use reasonable efforts commensurate with the nature of the emergency condition to give Tenant prior notice) throughout the Term, to determine that Tenant is in compliance with applicable laws and Tenant agrees to provide Landlord with all information necessary to ascertain that Tenant is in compliance with applicable laws. Tenant shall cooperate with Landlord in satisfying any legal requirements imposed upon Landlord relating to Tenant's operations, and, upon Landlord's written request, shall furnish complete information to Landlord with regard to its operations. In connection with any transfer of the Premises or Project, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, comply with the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release Connecticut Transfer Act and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termother applicable laws relative to its operations. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Borrower will comply, and will cause Tenant agrees that it to comply, with all applicable Environmental Laws relating. to the Mortgaged Property and the requirements of Article 9 of the Lease. Compliance by Tenant with the requirements of Article 9 of the Lease will not on, about, or under any Leased Property, release, treat or dispose be deemed to be compliance by Borrower with this Section 4.11(a). (b) Borrower will promptly notify Lender in writing if Borrower learns of the possible existence of any Hazardous Materials; but Substances on the foregoing shall not prevent Mortgaged Property or if Borrower learns that the useMortgaged Property is or may be in direct or indirect violation of any Environmental Laws. Further, storage immediately upon receipt of the same, Borrower will deliver to Lender copies of any and all orders, notices, Permits, applications, reports, and other communications, documents and instruments pertaining to the actual, alleged or potential Release of Hazardous Substances or presence or existence of any Hazardous Materials Substances at, on, about, under, within, near or in connection with the ordinary course Mortgaged Property. Subject to the rights of Tenant’s business in accordance with applicable laws Tenant under the Lease and regulations. Tenant covenants that it will at all times complySNDA, Borrower grants to Lender and will cause each Leased its agents and employees access to the Mortgaged Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as subject to the progress rights of Tenant under the Lease and satisfaction of such O&M Planthe SNDA, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related license to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous MaterialsSubstances and to do all things Lender deems necessary to cause the Mortgaged Property to comply with Environmental Laws. Borrower will, whether existing prior toat Borrower’s sole cost and expense, or occurring duringindemnify, the Term on any Leased Property defend (at trial and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition toappellate levels, and without limiting Paragraph 10with attorneys, of this Leaseconsultants and experts acceptable to Lender), Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Indemnified Parties harmless from and against any and all causes Indemnified Liabilities which may be imposed on, incurred by or asserted or awarded against any Indemnified Party to the extent arising directly or indirectly from or out of actions, suits, demands (i) the presence or judgments Release of any nature whatsoeverHazardous Substances at, lossesfrom, damageson, penaltiesin, expensesunder or affecting all or any portion of the Mortgaged Property, fees, claims, costs or any Release of Hazardous Substances emanating from the Mortgaged Property onto any contiguous property; (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (iii) the violation of any Environmental Law Laws relating to or affecting the Mortgaged Property, caused by Borrower or members of Borrower; (iii) the failure by Borrower to comply fully with respect the terms and conditions of this Section 4.11; (iv) the breach of any representation or warranty contained in Section 7.27; or (v) the enforcement of this Section 4.11, including, the cost to assess, contain, remediate and/or remove any Leased Hazardous Substances from the Mortgaged Property or any prior ownership surrounding areas, the cost of any Leased Property; (ii) actions taken in response to the Release presence or threatened Release of Hazardous Substances on, in, under or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased affecting the Mortgaged Property or any portion surrounding areas to prevent or portions thereofminimize such Release of Hazardous Substances so that it does not migrate or otherwise cause or threaten danger to present or future public health, including any past safety, welfare or current Release the environment, and any Release or threatened release during the Initial Term costs incurred to comply with the Environmental Laws in connection with the Mortgaged Property or any Renewal Term, whether or not arising out surrounding areas. This indemnity will survive payment in full of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term Debt or any extension termination or Renewal Termsatisfaction of the Lien of the Indenture or foreclosure of the Indenture for any Indemnified Liabilities arising or accruing on or before payment in full of the Debt or any termination or satisfaction of the Lien of the Indenture or foreclosure of the Indenture. (c) The Upon Lender’s request, and subject to the rights of Tenant agrees that it will not install any underground or above-ground storage tank under the Lease and the SNDA, at any Leased time an Event of Default exists or at such other time as Lender or Borrower may, under Section 9(c) of the Lease, cause an environmental audit or inspection to be performed, Borrower must provide, at Borrower’s sole cost and expense, an inspection or audit of the Mortgaged Property without specificprepared by a hydrogeologist or environmental engineer or other appropriate consultant approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property or an inspection or audit of the Improvements prepared by an engineering or consulting firm approved by Lender indicating the presence or absence of friable asbestos or substances containing asbestos on the Mortgaged Property. If Borrower fails to provide such inspection or audit within thirty (30) days after such request, prior written approval Lender may order the same, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and an irrevocable license to undertake such inspection or audit, subject to the rights of Tenant under the Lease and the SNDA. Borrower will pay immediately on demand the reasonable cost of such inspection or audit, together with interest thereon at the Default Rate from the Landlorddate incurred by Lender until actually paid by Borrower, and such costs will be secured by the Indenture and by the other Security Documents securing all or any part of the Debt. (d) Without limiting the foregoing, and subject to Tenant’s rights under the Lease, where recommended by a “Phase I” or “Phase II” assessment or otherwise required by Lender, Borrower will establish and will comply with an operations and maintenance program relative to the Mortgaged Property, in form and substance acceptable to Lender, prepared by an environmental consultant acceptable to Lender, which program will address any Hazardous Substances (including asbestos containing material or lead based paint) that may now or in the future be detected on the Mortgaged Property. The Tenant agrees Without limiting the generality of the preceding sentence, Lender may require, subject to Tenant’s rights under the Lease and the SNDA, (i) periodic notices or reports to Lender in form, substance and at such intervals as Lender may specify; (ii) an amendment to such operations and maintenance program to address changing circumstances, laws or other matters; (iii) following any Event of Default or at such time as Lender has reasonable grounds to believe that it will not store combustible Hazardous Substances are or flammable materials have been released, stored or disposed of on any Leased or around the Mortgaged Property except in or that the Mortgaged Property may violate the Environmental Laws, at Borrower’s sole expense, supplemental examination of the Mortgaged Property by consultants specified by Lender; (iv) access to the Mortgaged Property, by Lender, its agents or servicer, to review and assess the environmental condition of the Mortgaged Property and Borrower’s compliance with all applicable Environmental Lawsany operations and maintenance program; and (v) variation of the operations and maintenance program in response to the reports provided by any such consultants.

Hazardous Substances. Grantor covenants and agrees as follows: (a) Tenant agrees that it Grantor will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related applicable to Asbestos the ownership or use of the Property, (ii) use its best efforts to cause all tenants and other persons occupying the Property to comply with all Environmental Laws, (iii) immediately pay or cause to be paid all costs and expenses incurred in such compliance, and (iv) if keep or cause the O&M Plan requires Property to be kept free and clear of any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Planliens imposed thereon pursuant to any Environmental Laws. (b) To Grantor will not generate, use, treat, store, Release or dispose of, or permit the extent required generation, use, treatment, storage, Release or disposal of, any Hazardous Substances on the Property, or transport or permit the transportation of any Hazardous Substances to or from the Property, in each case in any quantity or manner which violates any Environmental Law. The foregoing to the contrary notwithstanding, (i) Grantor may store, maintain and use on the Property janitorial and maintenance supplies, paint and other Hazardous Substances of a type and in a quantity readily available for purchase by the general public and normally stored, maintained and used by owners and managers of properties of a type similar to the Property, and (ii) tenants of the Property may store, maintain and use on the Property (and, if any tenant is a retail business, hold in inventory and sell in the ordinary course of such tenant’s business) Hazardous Substances of a type and quantity readily available for purchase by the general public and normally stored, maintained and used (and, if tenant is a retail business, sold) by tenants in similar lines of business on properties similar to the Property. (c) If Grantee (i) has knowledge of any pending or threatened Environmental Claim against Grantor or the Property or (ii) has reason to believe that the Grantor or the Property are in violation of any Environmental Law or (iii) receives a request for an environmental site assessment report from a regulatory or other governmental entity with jurisdiction over Grantee, then at Grantee’s written request, at any time and from time to time, Grantor will provide to Grantee an environmental site assessment report concerning the Property, prepared by an environmental consulting firm approved by Grantee, indicating the presence or absence of Hazardous Substances and the potential cost of any removal or remedial action in connection with any Hazardous Substances on the Property (except that any request arising from clause (iii) above shall be at Grantee’s sole cost and expense). Except as provided above, any such environmental site assessment report shall be conducted at Grantor’s sole cost and expense. If Grantor fails to deliver to Grantee any such environmental site assessment report within thirty (30) days after being requested to do so by Grantee pursuant to this Section 4.27, Grantee may obtain the same, and Grantor hereby grants to Grantee and its agents access to the Property and specifically grants to Grantee an irrevocable nonexclusive license to undertake such an assessment, and the cost of such assessment (together with interest thereon at the Default Rate as defined in the Note) will be payable by Grantor on demand. (d) Grantee may, at its option, at any time and from time to time, perform at its sole cost and expense an environmental site assessment report for the Property, and Grantor hereby grants to Grantee and its agents access to the Property upon reasonable prior notice to Grantor, and specifically grants to Grantee an irrevocable non-exclusive license to undertake such an assessment, expressly excluding any invasive inspections. Grantor shall have the right to have an agent or representative of Grantor present during any such inspection. (e) Grantor will advise Grantee in writing immediately upon learning of any of the following: (i)any pending or threatened Environmental Claim against Grantor or the Property; (ii) any condition or occurrence on the Property that (A) results in noncompliance by Grantor with any applicable Environmental Law, or (B) could reasonably be anticipated to form the basis of an Environmental Claim against Grantor or the Property; (iii) any condition or occurrence on the Property that could reasonably be anticipated to cause the Property to be subject to any restrictions on the ownership, occupancy, use or transferability of the Property under any Environmental Law; and (iv) the taking of any removal or remedial action in response to the actual or alleged presence, in any quantity or manner which violates any Environmental Law, of any Hazardous Substances on the Property. Each such notice shall describe in reasonable detail the nature of the claim, investigation, condition, occurrence or removal or remedial action and Grantor’s response thereto. In addition, Grantor will provide Grantee with copies of all communications to or from Grantor and any governmental agency relating to Environmental Laws, Tenant all communications to or from Grantor and any person relating to Environmental Claims, and such detailed reports of any Environmental Claim as may be requested by Grantee. (f) Grantee shall respond have the right but not the obligation to participate in or defend, as a party if it so elects, any Environmental Claim. Without Grantee’s prior written consent, Grantor shall not enter into any settlement, consent or compromise with respect to any release ofEnvironmental Claim that might impair the value of the Property. (g) At its sole expense, Grantor will conduct any investigation, study, sampling and testing, and shall undertake any cleanup, removal, remedial or other action necessary to remove and clean up all Hazardous Substances from the Property which must be so removed or cleaned up in accordance with the requirements of any Hazardous Materialsapplicable Environmental Laws, whether existing prior to, or occurring during, to the Term on any Leased Property and whether or not arising out reasonable satisfaction of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition toa professional environmental consultant selected by Grantee, and without limiting Paragraph 10in accordance with all such requirements and with orders and directives of all governmental authorities. If all or any portion of the Loan shall be outstanding, Grantor may prepay the Loan in full, together with all applicable prepayment penalties, in lieu of this Leasecomplying with the preceding sentence. (h) Grantor will defend (with attorneys satisfactory to the Indemnitees), Tenant shall and hereby does agree to defendprotect, indemnify and hold harmless each Lender, of the Trustee Indemnitees and Landlord, their its respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless attorneys and agents from and against any and all causes of liabilities, obligations (including removal and remedial actions), losses, damages (including foreseeable and unforeseeable consequential damages and punitive damages), penalties, actions, judgments, suits, demands or judgments claims, costs, expenses and disbursements (including reasonable attorneys’ and consultants’ fees and disbursements) of any kind or nature whatsoeverwhatsoever that may at any time be incurred by, lossesimposed on or asserted against any of them directly or indirectly based on, damagesor arising or resulting from (i) the actual or alleged presence of Hazardous Substances on the Property in any quantity or manner which violates Environmental Law, penaltiesor the removal, expenseshandling, feestransportation, claimsdisposal or storage of such Hazardous Substances, (ii) any Environmental Claim with respect to Grantor or the Property, or (iii) the exercise of any Indemnitee’s rights under this Section 4.27 (collectively, the “Indemnified Matters”), regardless of when such Indemnified Matters arise, but excluding any Indemnified Matter arising out of the gross negligence or willful misconduct of any Indemnitee or with respect to Hazardous Substances first Released on the Property after the earlier of (1) the date neither Grantor nor any of its affiliates holds title to or any other interest in or lien on the Property as a result of a transfer permitted under Section 5.4(c), below, or through foreclosure (or deed in lieu thereof) of the lien of the Deed to Secure Debt, or (2) the payment in full of the Secured Obligations. To the extent that this indemnity is unenforceable because it violates any law or public policy, Grantor agrees to contribute the maximum portion that it is permitted to contribute under applicable law to the payment and satisfaction of all Indemnified Matters. For the purposes of the preceding sentence, “the Secured Obligations have been paid in full” shall mean the Secured Obligations have been voluntarily repaid in full by Grantor in cash, only, and shall not include the acceptance by Grantee of a deed in lieu of foreclosure or the making of any bid made by Grantee in connection with a foreclosure of the Property. (i) Grantor will reimburse each Indemnitee for all sums paid and costs incurred by such Indemnitee with respect to any Indemnified Matter within ten (10) days following written demand therefor, with interest thereon at the Default Rate (as defined in the Note) if not paid within such ten (10) day period. (j) Should any Indemnitee institute any action or proceeding at law or in equity, or in arbitration, to enforce any provision of this Deed to Secure Debt (including response and remedial costs)an action for declaratory relief or for damages by reason of any alleged breach of any provision of this Section 4.27) or otherwise in connection with this Deed to Secure Debt or any provision hereof, and liabilities, including, but not limited to, it shall be entitled to recover from Grantor its reasonable attorneys’ fees and costs disbursements incurred in connection therewith if it is the prevailing party in such action or proceeding. (k) Grantor agrees that notwithstanding any term or provision contained in the Loan Documents to the contrary, the obligations of litigationGrantor as set forth in this Section 4.27 shall be exceptions to any non-recourse or exculpatory provision relating to the Loan, arising out and Grantor shall be fully liable for the performance of its obligations under this Section, and such liability shall not be limited to the original principal amount of the Loan. (l) The liability of Grantor under this Section 4.27 shall in no way be limited to or impaired by any amendment or modification of the provisions of the Loan Documents unless such amendment or modification expressly refers to this Section 4.27. In addition, the liability of Grantor under this Section 4.27 shall in any manner connected with no way be limited or impaired by (i) any extensions of time for performance required by any of the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; Loan Documents, (ii) any sale, assignment or foreclosure of the Release Note or threatened Release any sale or transfer of all or failure any part of the Property, (iii) any exculpatory provision in any of the Loan Documents limiting any Indemnitee’s recourse to remove or otherwise remediate, as required property encumbered by this Paragraph 26, Hazardous Materials from, on Deed to Secure Debt or to any Leased Property other security, or limiting the Indemnitees’ rights to a deficiency judgment against Grantor, (iv) the accuracy or inaccuracy of the representations and warranties made by Grantor under any of the Loan Documents, (v) the release of Grantor or any portion other person from performance or portions observance of any of the agreements, covenants, terms or conditions contained in any of the Loan Documents by operation of law, any Indemnitee’s voluntary act, or otherwise, (vi) the release or substitution in whole or in part of any security for the Note or (vii) Grantee’s failure to record this Deed to Secure Debt or file any financing statements (or Grantee’s improper recording or filing of any thereof) or to otherwise perfect, including protect, secure or insure any past security interest or current Release and lien given as security for the Note; and, in any Release or threatened release during the Initial Term or any Renewal Termsuch case, whether with or not arising out without notice to Grantor and with or without consideration. Notwithstanding the foregoing, and notwithstanding anything else stated to the contrary in this Deed to Secure Debt, none of the constituent members or partners in Grantor (nor any manner connected with Tenantof their constituent members or partners) shall have any liability whatsoever for any of Grantor’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termobligations hereunder. (cm) The Tenant agrees that it will not install any underground provisions of this Section 4.27 shall be binding on and inure to the benefit of Grantor, the Indemnitees, and their respective successors and assigns. Without limiting the generality of the foregoing, the provisions of this Section 4.27 shall inure to the benefit of each assignee or above-ground storage tank at any Leased Property holder of the Note and each of such assignee’s or holder’s officers, directors, employees, agents and affiliates. Notwithstanding the foregoing, Grantor, without specific, the prior written approval from the Landlord. The Tenant agrees that it will consent of Grantee in each instance, may not store combustible assign, transfer or flammable materials on set over in whole or in part, all or any Leased Property except in compliance with all applicable Environmental Lawspart of its benefits, rights, duties and obligations hereunder. (n) THE PROVISIONS OF THIS SECTION 4.27 SHALL SURVIVE FORECLOSURE, RECONVEYANCE, TERMINATION, CANCELLATION, SURRENDER AND RELEASE OF THIS DEED TO SECURE DEBT, BUT GRANTOR’S LIABILITY HEREUNDER SHALL BE SUBJECT TO SECTION 18 OF THE NOTE.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but During the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, term of this Lease, Tenant shall not suffer, allow, permit or cause the generation, accumulation, storage, possession, release or threat of release of any hazardous substance or toxic material, as those terms are used in the Comprehensive Environmental Response Compensation and hereby does agree to defendLiability Act of 1980, as amended, and any regulations promulgated thereunder, or any other present or future federal, state or local laws, ordinances, rules, and regulations. Tenant shall indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Landlord harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damagesliabilities, penalties, expensesdemands, fees, claimsactions, costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or suffered by Landlord directly or indirectly arising due to the breach of Tenant's obligations set forth in this Section. Such indemnification shall survive 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 Premises. (b) Landlord hereby represents and remedial costswarrants that, except as set forth in those certain Phase I Environmental Site Assessments dated March 22, 2004 and September 14, 2004, respectively, prepared by R.E. Warner & Associates Inc.: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Center and has received no notice and has no knowledge of the presence in, on or under the Center of any such hazardous substances; (ii) to Landlord's knowledge there have never been any underground storage tanks at the 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 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 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 Center; and (vi) to Landlord's knowledge there is no asbestos or asbestos-containing material in the 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 Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the Premises (unless introduced by the Tenant, its agents or employees), and liabilitiesremoval, 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 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 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 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 Premises and the Center including, but not limited to, reasonable attorneys’ fees selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release final clearance testing procedures and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termresults. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will Lessee shall not on, about, install or under any permit to be installed in the Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in materials, nor install, permit to be installed, generate, transport, store, treat or dispose of, at any the Leased Property any asbestos or any substance containing asbestos or hazardous substance (“Asbestos”as hereinafter defined). With respect to any hazardous substance or condition, Tenant shallLessee shall promptly either: (ia) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord remove or Lender, promptly provide periodic updates as to the progress and satisfaction of remediate any such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. hazardous substance or condition; or (b) To the extent required by Environmental Lawsotherwise comply with such federal, Tenant shall respond to any release ofstate or local laws, rules, regulations or orders, in all such events at Lessee’s sole expense, and provide evidence thereof which is satisfactory to Lessor. If Lessee shall fail to so remove any Hazardous Materialsor otherwise comply, whether existing prior toLessor may, or occurring during, after notice to Lessee and the Term on any Leased Property and whether or not arising out expiration of or in any manner connected with Tenant’s occupancy the earlier of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property applicable cure period hereunder or any prior ownership of any Leased Property; (ii) the Release cure period permitted under the applicable law, rule, regulation or threatened Release of order, either declare this Lease to be in default or failure do whatever is necessary to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on remediate said hazardous substance(s) or to any condition(s) from the Leased Property or otherwise comply with the applicable law, rule, regulation or order, and Lessor’s costs and expenses in respect thereof shall be due and payable upon demand. Lessee shall give to Lessor and its agents and employees access to the Leased Property for purposes of removing or remediating said asbestos or other hazardous substance(s) or condition(s) and conducting appropriate tests for the purpose of ascertaining compliance with the terms hereof. Lessee shall promptly provide Lessor copies of all communications, permits or agreements with any portion governmental authority or portions thereofagency (federal, including any past state or current Release and any Release or threatened release during the Initial Term local) or any Renewal Term, whether or not arising out of or private entity relating in any manner connected with Tenant’s occupancy of way to any Leased Property during the Initial Term hazardous substance or any extension or Renewal Termcondition. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not 4.20.1 Neither Tenant, any of Tenant’s Agents nor any other person shall store, place, generate, manufacture, refine, handle, or locate on, aboutin, under or under any Leased Property, release, treat around the Land or dispose of Building any Hazardous Materials; but Substance, except for storage, handling and use of reasonable quantities and types of cleaning fluids and office supplies in the foregoing shall not prevent the use, storage or existence of any Hazardous Materials Premises in the ordinary course and the prudent conduct of Tenant’s business in accordance with applicable laws and regulationsthe Premises. Tenant covenants agrees that it will (a) the storage, handling and use of such permitted Hazardous Substances must at all times complyconform to all Governmental Requirements and to applicable fire, safety and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. insurance requirements; (b) To the extent required by Environmental Lawstypes and quantities of permitted Hazardous Substances which are stored in the Premises must be reasonable and appropriate to the nature and size of Tenant’s operation in the Premises and 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 area adjacent to the Land or Building. In no event will Tenant be permitted to store, handle or 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 agreed in writing to pay any rate increase related to each such Hazardous Substance; and (3) Landlord has approved in writing each such Hazardous Substance, which approval shall be subject to Landlord’s discretion. 4.20.2 Tenant shall respond to any release ofindemnify, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify defend and hold each Lender, the Trustee harmless Landlord and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless ’s Agents from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, 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 costs 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, Landlord’s election to bring or not bring any such specific performance action shall in no way limit, waive, impair or hinder Landlord’s other remedies against Tenant. 4.20.3 As of the execution date of this Lease, Tenant represents and warrants to Landlord that, except as otherwise disclosed by Tenant to Landlord, Tenant has no intent to bring any manner connected with (i) Hazardous Substances on, in or under the Premises 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 investigation, as of the Effective Date, 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. Landlord covenants not to bring onto the Land or Building during the Lease Term any Hazardous Substances in violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermGovernmental Requirements. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. 46.1. Tenant represents, warrants and covenants that (a1) except in connection with the Permitted Use and in compliance with applicable Governmental Requirements, the Demised Premises shall not be used by Tenant or its employees, licensees, agents, sublessees or contractors (“Tenant Parties”) for any dangerous, noxious or offensive trade or business and that Tenant Parties will not cause or maintain a nuisance there, (2) Tenant agrees that it will Parties shall not onbring, aboutgenerate, treat, dispose or under any Leased Propertystore Hazardous Substances (as hereinafter defined) at the Demised Premises in violation of applicable law except nothing herein shall prohibit lawful storage, releaseuse, treat or treatment and disposal of Hazardous Substances of the types and in the amounts typically used in a manner consistent with the Permitted Use, and other uses within the Permitted Use, (3) Tenant Parties shall not dispose of Hazardous Substances at the Demised Premises or Center except in compliance with Environmental Laws, (4) Tenant Parties shall at all times comply with all Governmental Requirements with respect to Tenant’s use of the Demised Premises and the construction of the Tenant Improvements (as defined in the Work Letter attached hereto as Exhibit “B”) and any Hazardous Materials; but other alterations made by Tenant, (5) Tenant shall keep the foregoing shall not prevent the use, storage or existence Demised Premises free of any Hazardous Materials in the ordinary course lien imposed pursuant to any Environmental Laws by reason of Tenant’s acts or omissions, including but not limited to any breach of any of the foregoing warranties and covenants, and (6) Tenant shall not work with any biohazards classified above level 2. Notwithstanding the foregoing, Landlord acknowledges that the Permitted Use includes the use of small animals (e.g., rats and mice) at the Demised Premises for experimental use. Tenant covenants and agrees that all animals shall be stored in cages and shall not be kept on site for longer than 24 hours at any one time, and that Tenant shall not have more than thirty (30) small animals at the Demised Premises at any one time. 46.2. Tenant shall enter into a contract with a licensed disposal company for the regular and lawful disposal of all waste which contains Hazardous Substances generated at the Demised Premises, except any waste that is neutralized or diluted in accordance with Environmental Laws, and any animal carcasses or remains and shall provide Landlord with evidence thereof (together with all required manifests, if any) promptly upon written request for same. Likewise, Tenant shall provide to Landlord upon written request for same a list of Hazardous Substances then present in the Demised Premises and/or used in the conduct of its business in accordance with applicable laws and regulationsthe Permitted Use together with the quantities of such substances and, if requested, the Material Safety Data Sheets with respect thereto. Tenant shall comply with all good practices established or generally followed by similar businesses and institutions using the similar Hazardous Substances or performing similar work as being used and performed by Tenant and Tenant shall comply with the Radiation Hygiene Plan attached hereto as Exhibit “G”, the Chemical Hygiene Plan attached hereto as Exhibit “H”, the Biohazardous Waste Disposal Plan attached hereto as Exhibit “I”, and the Biological Hygiene Plan and Biosafety Manual attached hereto as Exhibit “J” (collectively, the “Plans”). Tenant shall have the ongoing obligation to update the Plans to accurately reflect at all times its use of the Demised Premises and all applicable laws, regulations and requirements applicable to the Permitted Use and to provide Landlord with all such updated Plans. 46.3. Tenant warrants and covenants that it will at all times complyshall promptly deliver to Landlord, (1) copies of any documents received from the United States Environmental Protection Agency and/or any state, county or municipal environmental or health agency concerning an Environmental Default or Tenant’s operations upon or relating to the Demised Premises, (2) copies of any documents submitted by the Tenant to the United States Environmental Protection Agency and/or any state, county or municipal environmental or health agency concerning an Environmental Default or its operations upon or relating to the Demised Premises, including but not limited to copies of permits, licenses, annual (or other periodic) filings and registration forms, and will cause each Leased Property (3) copies of any and all documents, including, but not limited to be in compliance withany correspondence, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at analytical data, draft reports, and final reports, relating to any Leased Property Tenant Releases (“Asbestos”as hereinafter defined), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To 46.4. At the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, expiration or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, earlier termination of this Lease, Tenant shall surrender the Demised Premises to Landlord in compliance with Environmental Laws and hereby does agree as set forth in Section 16 above. 46.5. Except in the event of an emergency or if compelled by applicable governmental authority, any work performed by Tenant relating to defendHazardous Substances shall be performed by Tenant so as to (i) not adversely affect ingress to or egress from the Center, indemnify (ii) have no adverse effect on the visibility of the Center or the buildings located therein or any signs which contain the names of other occupants of the Center; and (iii) not otherwise materially interfere with the normal conduct of any business operations at the Center. Except in the event of an emergency or if compelled by applicable governmental authority, prior to Tenant performing any work relating to Hazardous Substances at the Demised Premises or Center other than in connection with Tenant’s normal course of conduct of Tenant’s business operations at the Demised Premises, Tenant shall first submit a written workplan to Landlord at least five (5) business days prior to the performance of the work and Tenant shall not perform the work until Landlord approves the workplan, which approval shall not be unreasonably denied or delayed (it being agreed that it shall be reasonable for Landlord to require that any Tenant Parties requiring access to the Center be adequately insured, naming Landlord as an additional insured, and that any cost or expense incurred by Landlord related to such workplan shall be borne by Tenant). 46.6. Tenant shall indemnify, defend (with counsel approved by Landlord) and hold each LenderLandlord and its affiliates, the Trustee and Landlordshareholders, their respective successors and assignsmembers, partners, directors, officers, directors, shareholders, partners, members, affiliates, beneficiaries employees and employees, agents harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesjudgments, damages, penalties, expensesfines, feesliabilities, claimslosses, suits, administrative proceedings, costs (including response and remedial costs), and liabilities, including, but not limited to, expense together with reasonable attorneys’ attorney’s fees and costs of litigationwhich arise at any time during or after the Lease Term, arising out from the occurrence of one or in any manner connected with (i) the violation of any more Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required Defaults by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release Tenant during the Initial Lease Term or any Renewal Termbreach of the Plans. Notwithstanding any other provision of this Lease, whether or not arising out of or in any manner connected with Tenant’s occupancy foregoing obligation to indemnify Landlord pertains only to Hazardous Substances at, on, in, under or emanating from the Demised Premises or the Center or from any off-site location at which Hazardous Substances originating at the Demised Premises have come to be located which were caused by or contributed to or exacerbated (to the extent of such contribution or exacerbation) by Tenant or Tenant’s agents, which shall expressly include, without limitation, any Leased Property during the Initial Term or any extension or Renewal Termdisposal company (“Tenant Related Parties”) ( “Tenant Releases”). (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific46.7. As used in this Section 46, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.following have the following meanings:

Hazardous Substances. (a) Tenant agrees that it will not onIn addition to Project Site information referenced in Appendix J, aboutOwner also shall disclose to Contractor, or under any Leased Propertyas information becomes available to Owner, releasethe existence of Hazardous Substances at the Project Site as to which Owner has actual knowledge. Subject to Section 2.2.13, treat or dispose of Owner shall be and remain responsible for any Hazardous Materials; but Substances that are brought onto the foregoing shall Project Site by Owner or any other Person performing activities on behalf of Owner (other than 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 Owner Suppliers) and not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property Contractor’s direction (“AsbestosOwner Hazardous Substances”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent including any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill required Remediation and/or site restoration in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) connection therewith. To the fullest extent required permitted by Environmental LawsApplicable Legal Requirements, Tenant shall respond Owner agrees to any release ofrelease, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Contractor Indemnitees harmless from and against all liability (except for any and all causes of actions, suits, demands liability arising from the negligence or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs intentional Release by such indemnified Persons (including response and remedial costsas set forth in Section 2.2.13.2), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, ) arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove Owner Hazardous Substances, or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of fulfilling Owner’s obligations under this Section 3.9, whether through suits or causes of action in a court of law or claim, complaints or penalties arising out of a violation or alleged violation of Applicable Legal Requirements. If Contractor discovers or encounters any manner connected Owner Hazardous Substances, which under Applicable Legal Requirements or 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 Work in and around the affected area. Except as 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 TenantOwner or any Person acting on behalf of Owner in Owner’s occupancy performance of its obligations or responsibilities in connection with the storage, transportation or disposal of any Leased Property during Owner Hazardous Substances. Contractor shall reasonably cooperate with Owner in connection with the Initial Term or Remediation by Owner of any extension or Renewal TermOwner Hazardous Substances identified at the Project Site; provided, however, that Contractor shall not be required to provide disposal services for Owner Hazardous Substances. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) No Tenant agrees that it will not Party shall store, place, generate, manufacture, refine, handle, or locate on, aboutin, under or under around the Premises, the Building or Property any Leased Property“Hazardous Substance” (as defined below), releaseexcept for (x) storage, treat or dispose handling and use of any Hazardous Materials; but reasonable quantities and types of cleaning fluids and office supplies in the foregoing shall not prevent the use, storage or existence of any Hazardous Materials Premises in the ordinary course and the prudent conduct of Tenant’s business in accordance the Premises or in connection with the maintenance, repair or operation of any of Tenant’s athletic facilities permitted pursuant to the terms of this Lease and (y) materials and supplies typically and lawfully used in connection with the performance of Alterations of the type being undertaken by Tenant as part of Tenant’s Work. Tenant agrees that (i) the storage, handling, use and disposal of such permitted Hazardous Substances must at all times conform to all applicable laws and regulations. Tenant covenants that it will at all times complyrequirements of public authorities and to applicable fire, safety and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain insurance requirements; and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable the types and if any Asbestos does become friable, quantities of permitted Hazardous Substances which are stored in the Premises must be reasonable and appropriate to the nature and size of Tenant’s operation in the Premises and reasonable and appropriate for similar first-class office buildings in midtown Manhattan. Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofindemnify, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify defend and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless Landlord Parties from and against any and all claims, damages, losses, actions, causes of actions, suitsproceedings, demands or judgments of any nature whatsoeverliens, losses, damagesfines, penalties, expensescosts, expenses and liabilities arising out of any breach of any provision of this paragraph, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costs (including response and remedial costs)environmental consultants’ fees and attorneys’ fees. T▇▇▇▇▇ agrees that Landlord may be irreparably harmed by T▇▇▇▇▇’s breach of this paragraph and that an injunction and/or specific performance action may appropriately be brought by Landlord; provided that, Landlord’s election to bring or not bring any such injunction and/or specific performance action shall in no way limit, waive, impair or hinder Landlord’s other remedies against Tenant. As used in this Lease, the term “Hazardous Substance” shall mean and liabilitiesinclude any chemical, material, element, compound, solution, mixture, substance or other matter of any kind whatsoever which is now or later designated, classified, listed or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of New York, the United States Government or any local governmental authority, including, but not limited towithout limitation, reasonable attorneys’ fees asbestos, petroleum, petroleum hydrocarbons and costs of litigationpetroleum based products, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediateurea formaldehyde foam insulation, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release polychlorinated biphenyls and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termfreon and other chlorofluorocarbons. (cb) The Tenant agrees that it will not install Without limiting Tenant’s rights under Section 3.1, Section 3.2 and/or Section 4.1(f) hereof, Landlord shall remove or remediate any underground Hazardous Substances found in the Premises and, to the extent having a materially adverse effect on the performance of Tenant’s Work and/or the occupancy and use of the Premises for the Permitted Use, the Building, during the Lease Term in each case to the extent existing prior to the date of this Lease or above-ground storage tank at any Leased Property without specificcaused by a Landlord Party and required by applicable laws, prior written approval from or to the extent caused by a breach of Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except ’s representation in compliance with all applicable Environmental LawsSection 4.1(b) of this Lease.

Hazardous Substances. 21.1 The Tenant covenants and agrees that it will: (a) Tenant agrees that it will not on, about, bring or under any Leased Property, release, treat or dispose of allow any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property Substance to be brought onto the Lands or the Building or the Premises except in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan.; (b) To comply at all times and require all those for whom the extent Tenant is in law responsible to comply at all times with Environmental Law as it affects the Premises or the Lands or Building; (c) give notice to the Landlord of the presence at any time during the Term of any Hazardous Substance on the Premises (or the Lands or the Building if such substance is in the control of the Tenant) together with such information concerning such Hazardous Substance and its presence on the Premises or the Lands or the Building as the Landlord may require; (d) give notice to the Landlord of any occurrence which might give rise to a duty under Environmental Law by either the Tenant or the Landlord with respect to the presence of any Hazardous Substance on the Premises or the Lands or the Building including, without limitation, notice of any discharge, release, leak, spill or escape into the environment of any Hazardous Substance at, to or from the Premises or the Lands or the Building; (e) at the Landlord’s request provide the Landlord with copies of all of the Tenant’s records with respect to the presence, storage, handling and disposal of Hazardous Substances on the Premises or the Lands or the Building (including tank measurements, policies and procedures and evidence of compliance therewith); (f) in any case where the Tenant has given notice as to the presence of a Hazardous Substance at the Premises or the Lands or the Building, or is required to give such notice, or where the Landlord has reasonable grounds to believe that any Hazardous Substance is going to be or has been brought to the Premises or the Lands or the Building by the Tenant or any person for whom the Tenant is in law responsible, to commission an environmental audit at the Tenant’s expense when required by the Landlord to do so; (g) comply with any investigative, remedial or precautionary measures required under Environmental LawsLaw or as reasonably required by the Landlord, Tenant shall respond be fully and completely liable to the Landlord for any release ofand all investigation, and shall remove clean up, remediation, restoration or monitoring costs or any Hazardous Materials, whether existing prior to, costs incurred to comply with Environmental Law or occurring during, any request by the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of Landlord that such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defendmeasures be taken; (h) protect, indemnify and hold save each Lender, of the Trustee Landlord and Landlord, their respective successors and assignsits directors, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, agents, successors and assigns completely harmless from and against any Environmental Claim, directly or indirectly incurred, sustained or suffered by or asserted against the Landlord and/or its directors, officers, employees, agents, successors and all causes of actions, suits, demands assigns caused by or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited attributable to, reasonable attorneys’ fees and costs either directly or indirectly, any act or omission of litigation, arising out of or the Tenant and/or any person for whom the Tenant is in any manner connected with law responsible; (i) enter into any additional contract of insurance respecting the violation of Premises which the Landlord may reasonably require to protect the Landlord and its directors, officers, employees, agents, successors and assigns from any Environmental Law with respect Claim respecting the Premises; (j) provide to any Leased Property the Landlord such security as the Landlord may from time to time require, acting reasonably, to ensure compliance by the Tenant of its covenants herein contained; and (k) provide access to the Premises for the Landlord or any prior ownership its agents to conduct an environmental audit of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediatePremises, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during at the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy expense, at least two (2) months prior to the expiry of any Leased Property during the Initial Term or any extension or Renewal Termof this Lease. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant Grantee agrees that it will not, and will not onpermit any third party to use, aboutgenerate, or under any Leased Propertystore, release, treat or dispose of any Hazardous Materials; but Material (as defined below) in, on, under, about, or within the foregoing shall Premises in violation of any law or regulation. Grantor represents and agrees that Grantor will not, and will not prevent the permit any third party to use, storage generate, store, release, or existence dispose of any Hazardous Materials in Material in, on, under, about, or within the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complySite (including the soil, surface water, and will cause each Leased Property to be groundwater thereunder) except in compliance with, in all material respects with each any applicable Environmental Law. If asbestos law or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Planregulation. (b) To the extent required by Environmental LawsGrantee shall defend, Tenant shall respond to any release ofindemnify, protect, and shall remove hold harmless Grantor and its employees, partners, affiliates, agents, contractors, directors, successors, representatives, and assigns from any Hazardous Materialsagainst any and all losses, whether existing prior toliabilities, or occurring duringdamages, the Term on any Leased Property penalties, fines, claims, and/or costs (including reasonable attorneys’ and whether or not consultants’ fees and costs) of every type and nature arising out of or in connection with the generation, storage, release, or disposal of any manner connected with Tenant’s occupancy Hazardous Materials by Grantee in, on under, about, or within the Premises in violation of such Leased Property during any laws or regulations, except to the Term. In addition toextent caused by Grantor or its employees, and without limiting Paragraph 10partners, of this Leaseaffiliates, Tenant shall and hereby does agree to defendagents, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officerscontractors, directors, shareholderssuccessors, partnersrepresentatives, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or assigns in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termapplicable law. (c) The Tenant agrees that it will not install any underground Grantee and its partners, affiliates, agents, and employees, contractors, directors, successors, representatives, or above-ground storage tank at any Leased Property without specificassigns shall store and handle all equipment and materials in a safe, prior written approval careful, and workmanlike manner while on the Site. Grantee shall promptly remove from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except Site and remediate in compliance with all applicable Environmental Lawsthe law any discharge, leak emission, or release of Hazardous Materials from Grantee’s activities, improvements, or other Grantee equipment. All costs and expenses associated in any way with a discharge, leak, emission, or release of Hazardous Material from Grantee’s activities, other improvements, or other Grantee equipment shall be at the sole cost and expense of Grantee. (d) As used herein, the term “Hazardous Material” means:

Hazardous Substances. a. Tenant hereby agrees that: (ai) Tenant agrees no activity will be conducted on the Premises that it will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Tenant’s business (the “Permitted Activities”) provided said Permitted Activities comply and are documented in accordance with all Environmental Laws; and, (ii) the Premises will not on, about, or under be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but Substances except for the foregoing shall not prevent the use, temporary storage or existence of any Hazardous Materials such materials that are used in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (the “Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M PlanPermitted Materials”) provided that such Permitted Materials are properly stored in a manner and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with location meeting all Environmental Laws related with notice to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Planright to inspect by Landlord. (b) To the extent required by Environmental Laws, b. Tenant shall respond hereby agrees to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and harmless Landlord, their respective successors and assignsits directors, officers, employees, agents and any assignees, or successors to Landlord’s interest in the Premises and Shopping Center and their directors, shareholdersofficers, partners, members, affiliates, beneficiaries and employees, harmless and agents, from and against any and all causes of actionslosses, suits, demands or judgments of any nature whatsoever, lossesclaims, damages, penalties, expensesand liability (including all out-of-pocket litigation costs and the reasonable fees and expenses of counsel) incurred as a result of the Tenant’s (including Tenant’s contractors, feesagents, employees and invitees any of whom may be within the Premises) use or misuse of any Hazardous Substance within the Premises. Such damages include: (i) all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, release or disposal of Hazardous Substances by Tenant, its agents or employees on the Premises; and (ii) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, following the Ready for Occupancy Date, to the full extent that such action is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of Hazardous Substances by Tenant, its agents or employees on the Premises. c. Landlord hereby represents and warrants that there are no violations of any federal, state, or local Environmental Laws, rules, regulations or orders relating to industrial hygiene or to environmental conditions, on, under or about the Premises. Landlord further covenants and agrees that the Shopping Center is not subject to the effects of a Hazardous Substance which require remediation. d. Landlord hereby agrees to indemnify and hold harmless Tenant, its directors, officers, employees, agents and any assignees, or successors to Tenant’s interest in this Lease and their directors, officers, employees, and agents, from and against any and all losses, claims, costs damages, penalties, and liability (including response all out-of-pocket litigation costs and remedial costs), and liabilities, including, but not limited to, the reasonable attorneys’ fees and costs expenses of litigationcounsel) incurred as a result of the Landlord’s use or misuse of any Hazardous Substance outside of the Premises. Such damages include: (i) all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage, release or in any manner connected with (i) the violation disposal of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased PropertyHazardous Substances; and (ii) including, without limitation, the Release cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened Release release, or disposal of Hazardous Substances by Landlord, its agents or failure employees on the Premises. e. In the event Hazardous Substances are present at the Premises or the Shopping Center due to the acts of any party other than Tenant, or any of Tenant’s contractors, agents, employees and invitees any of whom may be within the Premises or any of Tenant’s contractors, agents, employees and invitees any of whom may be within the Premises and/or future remediation work is required to remove and/or monitor the Hazardous Substances caused to be present by any party other than Tenant, or otherwise remediateany of Tenant’s contractors, agents, employees and invitees any of whom may be within the Premises , and the presence, remediation and monitoring of such Hazardous Substances commercially materially and adversely affects the operation of Tenant’s business for in excess of thirty (30) consecutive days, or commercially materially jeopardizes the health of Tenant’s employees and/or customers, Tenant, upon Notice delivered to Landlord within sixty (60) days after the occurrence of such event, shall have the right to terminate this Lease, in which event this Lease will be of no further force and effect or, at Tenant’s option, receive a full abatement of change Rent and other payment obligations hereunder until such Hazardous Substances are removed or remediated to the satisfaction of applicable governmental authorities, as required documented by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termsuch authorities. (c) f. The Tenant agrees that it will not install any underground indemnities contained in this Article shall survive the expiration or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsearlier termination of this Lease.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install shall be responsible for all costs, damages, or liability that may be incurred in connection with any underground hazardous waste discharge, spillage, or aboveany other violation of any law in connection with the storage or use of hazardous waste materials or petroleum products; provided, however, that such discharge, spillage or other violation is as a result of or caused by Tenant’s occupancy, business, or other related activities, or of or by its employees, customers, agents, or visitors. In no case does this apply to any condition that may have existed prior to Tenant’s occupancy, or by the actions and occurrences on adjacent properties. Landlord acknowledges that Tenant has advised Landlord that Tenant may store hazardous waste materials or petroleum products. Tenant agrees to notify Landlord of the storage of any hazardous waste materials or petroleum products on the site. The Tenant further agrees to notify Landlord within twenty-ground storage tank at four (24) hours of any Leased Property without specific, prior written approval from the Landlordhazardous waste or petroleum products discharge or violation of this paragraph known to Tenant. The Tenant agrees that it will not store combustible the storage or flammable use of any hazardous waste or petroleum product materials on any Leased Property except shall be in compliance with all applicable Environmental LawsFederal, State and local laws or regulations. In the event of any hazardous waste discharge or spillage, the Tenant shall immediately have said soil tested by a firm specializing in said work and enter into a contract for the removal of said soils and replacing of soils with clean fill and for the replacing of any areas disturbed because of said discharge or spillage. All of said work shall take place within a reasonable period from the day of knowledge of said discharge or spillage. In the event Tenant fails to perform said work as set forth in this paragraph, then, in such event, the Landlord may cause the same to be completed and the Tenant shall be responsible for the payment of same within thirty (30) days after presentation of b▇▇▇ to Tenant for the work performed, together with all reasonable costs incurred by Landlord in the performance of said work and repairing any damage to the entire premises and including any reasonable attorney’s fee incurred. Any monies paid by Landlord in connection herewith shall be repaid to Landlord together with interest at the rate of nine percent (9%) per annum until paid.

Hazardous Substances. With respect to Hazardous Substances: (a) Tenant agrees that it the Borrower and each Borrower Subsidiary is in compliance with all Environmental Laws; (b) neither the Borrower nor any Borrower Subsidiary has engaged in any Hazardous Substance Activity in violation of any Environmental Laws, nor to the best of the knowledge of the Borrower, after due inquiry and investigation, has any Hazardous Substance Activity otherwise occurred in violation of any Environmental Laws; (c) neither the Borrower nor any Borrower Subsidiary will not engage in any Hazardous Substance Activity in violation of any Environmental Laws; (d) if at any time Hazardous Substances are discovered on, aboutunder, in or about any of the Borrower’s or any Borrower Subsidiary’s premises at levels in excess of the levels at which remedial action is required under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it , the Borrower, at its sole cost and expense, will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy inform the Lender of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress same and satisfaction of remediate such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill Hazardous Substances in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and a remedial program or corrective action program in accordance with the O&M Plan. requirements of the Hawaii Department of Health, the Environmental Protection Agency, or any other entity enforcing any applicable environmental laws; (be) To if at any time the extent required Borrower or any Borrower Subsidiary is notified by the Hawaii Department of Health, the Environmental Protection Agency, or any other entity enforcing any applicable environmental laws that it is in violation of any Environmental Laws or named as a “potentially responsible person” under any Environmental Laws, Tenant the Borrower, at its sole cost and expense, will inform the Lender of same, take prompt action to correct the violation and come into compliance with all Environmental Laws; and (f) the Borrower shall respond to any release ofindemnify, defend and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify save and hold each Lender, harmless forever the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless Lender from and against any and all causes of claims, actions, suits, demands fines and penalties of whatever nature and kind whatsoever caused by or judgments relating to any breach or violation of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out the foregoing representations or warranties of the Borrower or in otherwise any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the LandlordLaws. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except foregoing obligation set forth in compliance with this Section 3.8 shall survive the execution of this Agreement and the performance of all applicable Environmental Lawsobligations of the Borrower hereunder.

Hazardous Substances. (a) Tenant agrees that it Chevron Energy Solutions will promptly provide written notice to Manhattan Beach USD if Chevron Energy Solutions observes any Hazardous Substance, as defined herein, at or around the Facilities during the course of construction or installation of any equipment which have not onbeen addressed as part of the Scope of Work. Chevron Energy Solutions will have no obligation to investigate the Facilities for the presence of Hazardous Substances prior to commencement of the Work unless otherwise specified in the Scope of Work. Manhattan Beach USD will be solely responsible for investigating Hazardous Substances and determining the appropriate removal and remediation measures with respect to the Hazardous Substances. Manhattan Beach USD will comply with all Applicable Laws with respect to the identification, about, or under any Leased Property, release, treat or dispose removal and proper disposal of any Hazardous Materials; but Substances known or discovered at or around the foregoing shall not prevent Facilities, and in such connection will execute all generator manifests with respect thereto. Chevron Energy Solutions will comply with all Applicable Laws in connection with the use, storage or existence handling, and disposal of any Hazardous Materials Substances in the ordinary course performance of Tenant’s business in accordance its Work. In connection with applicable laws the foregoing, Manhattan Beach USD will provide Chevron Energy Solutions, within ten (10) Business Days of the execution of this Contract, a written statement that represents and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: warrants (i) preparewhether or not, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of to its knowledge, there are Hazardous Substances either on or within the O&M Plan to Landlord andwalls, upon request of Landlord ceiling or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior toother structural components, or occurring during, otherwise located in the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilitiesProject Location, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Propertyasbestos-containing materials; (ii) whether or not, to its knowledge, conditions or situations exist at the Release Facilities which are subject to special precautions or threatened Release of or failure to remove or otherwise remediate, as equipment required by this Paragraph 26federal, Hazardous Materials fromstate, on or to any Leased Property local health or any portion or portions thereof, including any past or current Release safety regulations; and any Release or threatened release during the Initial Term or any Renewal Term, (iii) whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during not, to its knowledge, there are unsafe working conditions at the Initial Term or any extension or Renewal TermFacilities. (cb) The Tenant agrees Manhattan Beach USD will indemnify, defend, and hold Chevron Energy Solutions harmless from and against any and all Losses that it in any way result from, or arise under, such Manhattan Beach USD owned or generated Hazardous Substances, except for liabilities due to the negligence or willful misconduct of Chevron Energy Solutions, or its subcontractors, agents or representatives, in the handling, disturbance or release of Hazardous Substances. This indemnification will not install survive any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawstermination of this Contract.

Hazardous Substances. (aA) Tenant agrees that it will not onThe term "Hazardous Substances" shall mean pollutants, aboutcontaminants, toxic or hazardous wastes, chemicals or materials, or under any Leased Propertyother substances, releasethe use, treat storage, manufacture, disposal and/or the removal of which is required or dispose the use of which is restricted, prohibited or penalized by any Hazardous Materials; but "Environmental Law", which term shall mean any federal, state or local law, regulation, order, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the foregoing shall not prevent environment. Tenant hereby agrees that: (A) no activity will be conducted by Tenant or any of Tenant's Agents on the Property or Premises that will produce, utilize or otherwise involve the manufacture, use, storage or existence disposal of any Hazardous Substances, except for those Permitted Materials permitted pursuant to Section 4 hereof; (B) no portion of the Property or the Premises will be used by Tenant or any of Tenant's Agents as a landfill or a dump; (C) neither Tenant nor any of Tenant's Agents will install any underground tanks of any type; (D) neither Tenant nor any of Tenant's Agents will cause or authorize any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; and (E) neither Tenant nor any of Tenant's Agents will cause or authorize any Hazardous Substances to be brought onto the Property or Premises, except for the Permitted Materials described above, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken by Tenant pursuant to all Environmental Laws. Landlord or Landlord's representatives shall have the right (after reasonable advance notice except in the ordinary course event of an emergency (in which event no notice shall be required)), but not the obligation, to enter the Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to verify compliance with all Environmental Laws. Should it be determined, in Landlord's reasonable opinion, that Permitted Materials are being improperly stored, used, or disposed of, then Tenant shall immediately take such corrective action as is reasonably requested by Landlord. Should Tenant fail to commence to take such corrective action within 24 hours, Landlord shall have the right (but not the obligation) to perform such work and Tenant shall promptly reimburse Landlord for any and all reasonable costs associated with said work. If at any time during or after the Lease Term, the Property is found to be contaminated or subject to such surface or subsurface conditions then, to the extent caused by the acts or omissions of Tenant or any of Tenant’s business in accordance with applicable laws and regulations. 's Agents or any third party on behalf of Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableTenant's Agents, Tenant shall a▇▇▇▇ said Asbestos diligently institute proper and dispose thorough cleanup procedures at Tenant's sole cost. Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any managing agents and leasing agents of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofProperty, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, reasonable costs, reasonable expenses, penalties (iiiwhether civil or criminal), damages (actual or punitive) comply with all Environmental Laws related and obligations of any nature to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, arising from or as a result of any violation of this Section 8(A). The foregoing indemnification and the responsibilities of Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, survive the termination or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, expiration of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. A. Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees (acollectively, the “T enant Entities”) Tenant agrees that it will not onto at any time handle, aboutuse, manufacture, store or dispose of in or about the Premises or the Building any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, polychlorinated biphenyls, friable asbestos, medical waste, petroleum products or derivatives, or any other substance (collectively “H azardous Materials”) subject to regulation by or under any Leased PropertyLaws and Requirements relating to the protection of the environment or the keeping, releaseuse or disposition of environmentally hazardous materials, treat 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 and Requirements (collectively “ Environmental Laws”), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises or the Building and appurtenant land or allow the environment to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of any products containing small quantities of Hazardous MaterialsMaterials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for general office purposes; but the foregoing provided that Tenant shall not prevent the always handle, store, use, storage or existence and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the ordinary course of Tenant’s business in accordance with applicable laws Premises, Building and regulationsappurtenant land or the environment. Tenant covenants that it will at all times complyshall protect, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, all of Landlord and its Building manager and their respective successors and assignspartners, officers, directorsemployees and agents (collectively, shareholders, partners, members, affiliates, beneficiaries and employees, the “L andlord Entities”) harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, feesloss, claims, liability or costs (including response court costs and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (iattorney’s fees) the violation actually incurred by reason of any Environmental Law with respect actual or asserted failure of Tenant to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance fully comply with all applicable Environmental Laws, or the unauthorized or improper presence, handling, use or disposition in or from the Premises of any Hazardous Materials by Tenant or any Tenant Entity (even though permissible under all applicable Environmental Laws or the provisions of the Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section. Accordingly, Tenant agrees to take appropriate precautions with respect to such light bulbs and hereby indemnifies, protects, and defends the Landlord Entities with respect to any failure by the Tenant Entities to comply with the foregoing obligation. B. Tenant shall take any and all actions necessary to prevent mold from forming in, on and/or under the Premises including, without limitation, the following: (i) notifying Landlord immediately in writing of any water leaks, plumbing leaks, roof leaks, foundation leaks, or any other source of water that penetrates the Premises; (ii) if Tenant controls the air conditioning system servicing the Premises and the humidity outside the Building is eighty percent (80%) or higher, and the temperature outside the Premises is ninety (90) degrees Fahrenheit or higher, Tenant shall use the air conditioning system to remove excess humidity inside the Premises; (iii) regularly mopping and removing any standing water from any restrooms located in the Premises; and (iv) immediately notifying Landlord in writing of any mold growth discovered by Tenant in the Premises. Tenant shall be solely responsible for any and all costs and other damages to the Premises and the Property that result from mold growth on the Property resulting from Tenant’s failure to comply with the provisions of this Section 21.B. C. The provisions of this Section 21 shall survive the expiration or sooner termination of this Lease.

Hazardous Substances. (a) a. Tenant agrees that it will not on, about, or under any the Leased PropertyPremises, releasemake, Release, store, transport, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business except in accordance with applicable laws and regulationsEnvironmental Laws. Tenant covenants represents and warrants that during the Term it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects comply with each applicable Environmental LawLaws. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)Tenant represents and warrants that, Tenant shallas of the date hereof: (i) prepareto the best of Tenant’s knowledge, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy none of the O&M Plan Leased Premises, Tenant nor the operations conducted thereon is or has at any time been in violation of, or otherwise exposed to Landlord andany liability under, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, any Environmental Laws (other than past violations which have been fully resolved in accordance with Environmental Laws); (ii) prevent any Asbestos no underground storage tanks are located on, in or under the Leased Premises; (iii) to the best of Tenant’s knowledge, no Hazardous Materials have been handled, generated, stored, processed or disposed of on or Released or discharged from becoming friable and if any Asbestos does become friablethe Leased Premises (including underground contamination), Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill except in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all applicable Environmental Laws related to Asbestos and (other than past violations which have been fully resolved in accordance with Environmental Laws); (iv) if there is no pending, nor, to Tenant’s knowledge, threatened litigation arising under Environmental Laws affecting Tenant or the O&M Plan requires any remediationLeased Premises; and (v) to the best of Tenant’s knowledge, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation there has been completed satisfactorily no notice of any investigation or proceeding relating to Tenant or the Leased Premises which could result in any liability to Tenant, Landlord of the Leased Premises (including, but not limited to, any restrictions on the future use of the Leased Premises) arising under any Environmental Laws. The representations and in accordance with warranties hereunder shall survive the O&M PlanExpiration Date or any earlier termination of this Lease. (b) b. To the extent required by applicable Environmental Laws, Tenant shall remove, respond to any release of, and shall remove or clean up any Hazardous Materials, Materials whether now or hereafter existing prior to, or occurring during, on the Term on any Leased Property Premises and whether or not arising out of or in any manner connected with Tenant’s occupancy of such the Leased Property Premises during the Term. In addition to, and without limiting Paragraph 10, 10 of this Lease, Tenant shall and hereby does agree to save, protect, defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Indemnitees harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, Claims arising out of or in any manner connected with with: (i) the violation of any Environmental Law with respect to any the Leased Property Premises or any prior Tenant’s ownership of any the Leased PropertyPremises; (ii) the Release or the threatened Release of or failure to remove remove, respond to or otherwise remediate, clean up as required by this Paragraph 26, and any Hazardous Materials from(as defined herein) from the Leased Premises, on or to any Leased Property or any portion or portions thereofthereof or any adjacent or surrounding areas upon which such Hazardous Material have migrated, including any past or current Release and any Release or threatened release Release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any the Leased Property Premises during the Initial Term or any extension thereof. Notwithstanding the foregoing, nothing herein shall be construed to obligate Tenant to indemnify, defend and hold harmless any Indemnitee from and against any Claims to the extent that such Claims are imposed on or Renewal Termincurred (i) by such Indemnitee by reason of such Indemnitee’s willful misconduct or gross negligence, or (ii) with respect to any matter described in this Paragraph 26 which relates to events, acts or omissions first occurring or first existing (x) subsequent to the expiration or earlier termination of the Term and the vacating of the Leased Premises by the Tenant and any assignee or sublessee of Tenant, and (y) not caused by the acts or omissions of Tenant, any assignee or sublessee of Tenant or any Person claiming by or through Tenant, or the result of any events, conditions, acts or omissions occurring prior to the expiration or earlier termination of the Term and vacating of the Leased Premises by Tenant, any assignee or sublessee of Tenant and any Person claiming by or through Tenant. (c) c. The Tenant agrees that it will not install any underground or above-ground storage tank at any the Leased Property Premises without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any the Leased Property Premises except in compliance accordance with all applicable Environmental Laws. d. The obligations of Tenant under this Paragraph 26 shall survive any termination of the Lease.

Hazardous Substances. (a) Tenant agrees The Borrower warrants and represents to the Lender that to the best of their knowledge and belief and based on environmental assessments of the Inventory commissioned by the Borrower, except to the extent disclosed to the Lender in environmental assessments or other writings or to the extent that it will would not onmaterially and adversely affect the use and marketability of any Inventory, aboutthe Inventory has not been and is not now being used as a storage facility for any "Hazardous Substances", nor has it been used in violation of any federal, state or local environmental law, ordinance or regulation, that no proceedings have been commenced, or under notice(s) received, concerning any Leased Property, release, treat or dispose alleged violation of any Hazardous Materials; but such environmental law, ordinance or regulation, and that the foregoing Inventory is free of hazardous or toxic substances and wastes, contaminants, oil, radioactive or other materials the removal of which is required or the maintenance of which is restricted, prohibited or penalized by any federal, state or local agency, authority or governmental unit except as set forth in the Site Assessments. The Borrower covenants that it shall neither permit any such materials to be brought on to the Inventory, nor shall it acquire real property to be added to the Loan Inventory upon which any such materials exist, except to the extent disclosed to the Lender in environmental assessments or other writings or to the extent that it would not prevent materially and adversely affect the use, storage or existence use and marketability of any Hazardous Materials in Inventory; and if such materials are so brought or found located thereon, such materials shall be immediately removed, with proper disposal, to the ordinary course of Tenant’s business in accordance with extent required by applicable laws environmental laws, ordinances and regulations, and all required environmental cleanup procedures shall be diligently undertaken pursuant to all such laws, ordinances and regulations. Tenant covenants The Borrower further represents and warrants that it the Borrower will at promptly transmit to the Lender copies of any citations, orders, notices or other material governmental or other communications received with respect to any hazardous materials, substances, wastes or other environmentally regulated substances affecting the Inventory. Notwithstanding the foregoing, there shall not be a default of this provision should the Borrower store or use minimal quantities of the aforesaid materials, provided that: such substances are of a type and are held only in a quantity normally used in connection with the construction, occupancy or operation of comparable buildings or residential developments (such as cleaning fluids and supplies normally used in the day to day operation of residential developments), such substances are being held, stored and used in complete and strict compliance with all times complyapplicable laws, regulations, ordinances and requirements, and will cause each Leased Property the indemnity set forth below shall always apply to such substances, and it shall continue to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy the responsibility of the O&M Plan Borrower to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with take all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily remedial actions required under and in accordance with this Agreement in the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond event of any unlawful release of any such substance. Borrower hereby agrees to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify Lender and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Lender harmless from and against any and all causes of actionslosses, suitsliabilities, demands or judgments of any nature whatsoever, lossesincluding strict liability, damages, penaltiesinjuries, expenses, including reasonable attorneys' fees, claimscosts of any settlement or judgment and claims of any and every kind whatsoever paid incurred or suffered by, costs (including response and remedial costs)or asserted against, and liabilitiesLender by any person or entity or governmental agency for, including, but not limited with respect to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property as a direct or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.indirect result of,

Hazardous Substances. (a) No Tenant agrees that it will not Party shall store, place, generate, manufacture, refine, handle, or locate on, aboutin, under or under around the Premises, the Building or Property any Leased Property“Hazardous Substance” (as defined below), releaseexcept for storage, treat or dispose handling and use of any Hazardous Materials; but reasonable quantities and types of biologics, pharmaceuticals, cleaning fluids and office supplies in the foregoing shall not prevent the use, storage or existence of any Hazardous Materials Premises in the ordinary course and the prudent conduct of Tenant’s business in accordance with the Premises. Tenant agrees that (a) the storage, handling, use and disposal of such permitted Hazardous Substances must at all times conform to all applicable laws and regulations. Tenant covenants that it will at all times complyrequirements of public authorities and to applicable fire, safety and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain insurance requirements; and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Lawstypes and quantities of permitted Hazardous Substances which are stored in the Premises must be reasonable and appropriate to the nature and size of Tenant’s operation in the Premises and reasonable and appropriate for similar first-class office, laboratory and research buildings in the midtown south area of Manhattan. Tenant shall respond furnish to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out Landlord evidence reasonably acceptable to Landlord of or in any manner connected with Tenant’s occupancy of such Leased Property during the Termcompliance with this Section 10.6 from time to time upon Landlord’s request. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defendindemnify, indemnify defend and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless Landlord Parties from and against any and all claims, damages, losses, actions, causes of actions, suitsproceedings, demands or judgments of any nature whatsoeverliens, losses, damagesfines, penalties, expensescosts, expenses and liabilities arising out of any breach of any provision of this paragraph, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costs (including response and remedial costs)environmental consultants’ fees and attorneys’ fees, and liabilitiessuch indemnity shall survive the expiration or earlier termination of this Lease. Tenant agrees that Landlord may be irreparably harmed by Tenant’s breach of this paragraph and that an injunction and/or specific performance action may appropriately be brought by Landlord; provided that, Landlord’s election to bring or not bring any such injunction and/or specific performance action shall in no way limit, waive, impair or hinder Landlord’s other remedies against Tenant. If Hazardous Materials are present in the Premises or on any floor containing a portion of the Premises and such presence is not caused by a Landlord Party, a Tenant Party or anyone claiming by, through or under a Tenant Party, Landlord shall, at Landlord’s sole cost and expense, use commercially reasonable efforts to enforce all of its rights and remedies (including, without limitation, the exercise of any self-help rights) against the party that caused such presence (provided that the foregoing shall not require Landlord to evict any Tenant or commence or prosecute any litigation). As used in this Lease, the term “Hazardous Substance” shall mean and include any chemical, material, element, compound, solution, mixture, substance or other matter of any kind whatsoever which is now or later designated, classified, listed or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of New York, the United States Government or any local governmental authority, including, but not limited towithout limitation, reasonable attorneys’ fees asbestos, petroleum, petroleum hydrocarbons and costs petroleum based products, urea formaldehyde foam insulation, biologics and pharmaceuticals, polychlorinated biphenyls and freon and other chlorofluorocarbons. Landlord covenants that, as of litigationthe Commencement Date, arising out the Premises shall be free of Hazardous Materials that violate applicable laws or in any manner connected with (i) the violation requirements of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure public authorities. Landlord shall be responsible, at its sole cost and expense, to remove or otherwise remediate, as required by this Paragraph 26, remediate any Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release Substances found in the Premises during the Initial Lease Term to the extent due to a breach of the foregoing covenants by Landlord or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during introduced into the Initial Term or any extension or Renewal TermPremises by Landlord by a Landlord Party. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not onmay store, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any handle and generate Hazardous Materials Substances at the Premises in connection with the ordinary course of Tenant’s business Permitted Uses in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily commercial quantities normally associated therewith and in accordance with Applicable Laws. During the O&M Plan. (b) To the extent required by Environmental LawsTerm, Tenant shall respond to any release ofbe responsible for disposing of all Hazardous Substances generated by Tenant’s operations at the Premises or its employees, Affiliates, contractors, subtenants and licensees operations at the Premises, at Tenant’s expense. Tenant shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or comply with all Applicable Laws in any manner connected connection with Tenant’s occupancy storage, use, handling and generation of such Leased Property during Hazardous Substances at the TermPremises. In addition to, and without limiting Paragraph 10, Upon the expiration or earlier termination of this Lease, Tenant shall remove all Hazardous Substances being kept on the Premises by Tenant, its employees, Affiliates, contractors, subtenants and hereby does agree licensees, in accordance with Applicable Laws. Notwithstanding anything to defendthe contrary in this Lease, indemnify and in consideration of Tenant’s rights set forth in this Section 7.03, Tenant shall indemnify, defend and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless Landlord from and against any all third party claims and all causes of associated lawsuits, governmental actions, suitsobligations, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claimsliabilities, costs and expenses (including response and remedial costs), and liabilities, including, but not limited to, court costs, reasonable attorneys’ fees and remediation costs) caused by Tenant’s or any of its employee’s, Affiliate’s, subtenant’s or licensee’s release of any Hazardous Substances on, under or about the Premises during the Term in violation of Applicable Laws (any such release being referred to as “Tenant Contamination”); provided, Tenant Contamination shall not include any such release caused by Landlord or any of Landlord’s Affiliates, employees, agents, contractors or representatives Tenant’s indemnification obligations in this Section shall include the obligation to defend Landlord, with counsel reasonably satisfactory to Landlord, in any proceedings, all at Tenant’s expense. Tenant’s indemnification obligations under this subsection shall survive the expiration or earlier termination of this Lease, and shall not be limited by any provisions of this Lease limiting Tenant’s liability hereunder. In the event of Tenant Contamination, Tenant shall only be required to investigate, monitor and clean-up, remove, ▇▇▇▇▇ or remediate such Tenant Contamination to the extent validly required by any governmental authority under Applicable Law. (b) Landlord shall deliver the Premises to Tenant in compliance with all Applicable Laws, including environmental laws, and free of any Hazardous Substances that violate Applicable Laws or that are present in quantities that could require additional assessments, clean-up or remediation under Applicable Laws. Without limiting the generality of the foregoing, Landlord shall remove and dispose of all asbestos, asbestos containing material, lead paint and other Hazardous Substances more particularly described in that certain Asbestos and Hazardous Building Material Survey Report, Proposed Development, North Route Z, Columbia, Missouri, prepared by Amec ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Environment & Infrastructure, Inc. for American Outdoor Brands Corp., dated March 29, 2017, and that certain Asbestos, Lead Paint and Regulated Materials prepared by Terracon Consultants, Inc., dated October 13, 2017 and identified as Phase I Environmental Site Assessment Route Z Parcels, 1800 North Route Z, Columbia, ▇▇▇▇▇ County, Missouri. Landlord shall comply with all Applicable Laws, including, without limitation, making required notifications to governmental authorities, in connection with the characterization, containment, removal, storage, and disposal of any asbestos, asbestos containing material, lead paint or other Hazardous Substances pursuant to this section (collectively, “Existing Hazardous Substances”). Landlord shall cause all Existing Hazardous Substances removed from the Premises pursuant to this section to be properly characterized and disposed of in accordance with Applicable Laws at a qualified landfill, using only trained and State licensed contractors. Landlord shall be the signatory to required notifications to governmental authorities, as owner of the Premises, and any shipping papers, including waste disposal manifests, as owner of the Premises and/or generator, in connection with the characterization, containment, removal, storage, and disposal of Existing Hazardous Substances. Landlord shall deliver copies of all notifications to any governmental authorities, licenses, permits, transportation logs, and waste disposal manifests related to the removal or disposal of Existing Hazardous Substances to Tenant prior to the Delivery Date. Landlord shall indemnify, defend and hold harmless Tenant from and against all third party claims and associated lawsuits, governmental actions, obligations, liabilities, costs of litigationand expenses (including, but not limited to, court costs, reasonable attorneys’ fees and remediation costs) arising out of or any violation of this section. Landlord’s indemnification obligations in this Section shall include the obligation to defend Landlord, with counsel reasonably satisfactory to Landlord, in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediateproceedings, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with all at Tenant’s occupancy expense. Landlord’s indemnification obligations under this section shall survive the expiration or earlier termination of this Lease, and shall not be limited by any Leased Property during the Initial Term or any extension or Renewal Termprovisions of this Lease limiting Landlord’s liability hereunder. (c) The Landlord shall not use, store, generate, release or discharge any Hazardous Substances on the Premises in violation of Applicable Laws, and shall cause the Landlord Related Parties and any employees, Affiliates, contractors, representatives and licensee of Landlord or the Landlord Related Parties not to use, store, generate, release or discharge any Hazardous Substances on the Premises in violation of Applicable Laws. Landlord shall indemnify, defend and hold harmless Tenant agrees 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 Landlord’s, any of the Landlord Related Parties or any of their respective employee’s, Affiliate’s, contractor’s, representative’s or licensee’s release of any Hazardous Substances on, under or about the Premises during the Term in violation of Applicable Laws (any such release being referred to as “Landlord Contamination”). Landlord’s indemnification obligations in this Section shall include the obligation to defend Tenant, with counsel reasonably satisfactory to Tenant, in any proceedings, all at Landlord’s expense. Landlord’s indemnification obligations under this section shall survive the expiration or earlier termination of this Lease, and shall not be limited by any provisions of this Lease limiting Landlord’s liability hereunder. In the event of Landlord Contamination, Landlord shall investigate, monitor and clean-up, remove, ▇▇▇▇▇ or remediate such Landlord Contamination to the extent validly required by any governmental authority under Applicable Law, in a manner that it will does not install any underground materially interfere with Tenant’s use of the Premises and its operations thereon. (d) Tenant shall not permit undue accumulations of garbage, trash, rubbish or above-ground storage tank at any Leased Property without specific, prior written approval other refuse within the Premises and shall keep all refuse in proper containers until disposal of such refuse from the LandlordPremises. The Tenant agrees that it will shall not store combustible mix or flammable materials on dispose of any Leased Property except Hazardous Substances with the general office refuse or other non-regulated waste in compliance with all applicable Environmental violation of Applicable Laws.

Hazardous Substances. (a) The term “Hazardous Substances”, as used in this Lease, shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term shall mean any federal, state or local law or ordinance relating to pollution or protection of the environment. Tenant hereby agrees that it (i) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Tenant’s business (the “Permitted Activities” or “Permitted Activity”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; (ii) the Premises will not on, about, or under be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but Substances except for the foregoing shall not prevent the use, temporary storage or existence of any Hazardous Materials such materials that are used in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (the “Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M PlanPermitted Materials”) provided such Permitted Materials are properly stored in a manner and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress location meeting all Environmental Laws and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill have been approved in accordance with law as soon as practicable following the discovery thereof, advance in writing by Landlord; (iii) comply with all Environmental Laws related to Asbestos and no portion of the Premises will be used as a landfill or dump; (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground tanks of any type; (v) Tenant will not allow any surface or above-ground storage tank subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance; (vi) Tenant will not permit any Hazardous Substance to be brought onto the Premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. If at any Leased Property without specifictime during or after the term of this Lease, prior written approval the Hazardous Substances have been determined to cause harm to persons or property or the Premises are found to be so contaminated or subject to said conditions, Tenant agrees to indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the Landlorduse of Hazardous Substances on the Premises by Tenant. The Tenant agrees that it will not store combustible foregoing indemnification shall survive the termination or flammable materials on expiration of this Lease. To the best of Landlord’s knowledge, the Building and Premises are free of any Leased Property except in compliance with all applicable Environmental LawsHazardous Substances.

Hazardous Substances. Borrower warrants, represents and agrees as follows: (a) Tenant agrees that it will not onBorrower has had performed reasonable investigations, aboutstudies and tests as to any environmental contamination, liabilities or under any Leased Propertyproblems with respect to the Collateral, releaseincluding without limitation, treat the storage, disposal, presence, discharge or dispose release of any Hazardous Materials; but Substances at or with respect to the foregoing Collateral, copies of which have been provided to the Agent prior to the date hereof, and, except as otherwise set forth in the Mortgages, such investigations, studies, and tests have disclosed no Hazardous Substances or possible violations of any Environmental Laws. (b) No personal or real property owned by Borrower or any of its Subsidiaries is subject to any private or governmental Lien, or to the best of Borrower's knowledge judicial or administrative notice or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to such property or the direct or indirect violation of any Environmental Laws, in each case which could have a material adverse effect on the business, properties, financial position, results of operations or prospects of Borrower, Holdings I, CBL Properties, Inc. and their respective Subsidiaries other than a material adverse effect which Borrower has fully disclosed to the Agent unless the Agent notifies Borrower that Agent has determined that such material adverse effect is likely to result in a future Default or Event of Default under any covenant set forth in Section 8 hereof; (c) Except as disclosed in the Mortgages, no Hazardous Substances are located on or have been stored, processed or disposed of on or released or discharged from (including ground water contamination) the Collateral and no above or underground storage tanks exist on the Collateral. Borrower shall not prevent the useallow, storage or existence of and shall not permit its Subsidiaries to allow, any Hazardous Materials Substances to be stored, located, discharged, possessed, managed, processed or otherwise handled on any of their properties or the Collateral other than small quantities which are utilized in the ordinary course of Tenant’s business of such properties, and which are used and disposed of in accordance with applicable laws a lawful manner, and regulations. Tenant covenants that it will at all times shall comply, and will cause each Leased Property said Subsidiaries to be in compliance withcomply, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if affecting such properties or the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanCollateral. (bd) To the extent required by Environmental Laws, Tenant Borrower shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out immediately notify Agent should Borrower become aware of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the existence of any Hazardous Substance in, on or beneath any of its properties or the properties of its Subsidiaries in violation of any Environmental Law, or any other violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; such properties, (ii) the Release any "release" or threatened Release "release" (as defined in CERCLA and rules and regulations promulgated thereunder) of any Hazardous Substances on or failure from the Collateral or any other real property owned by Borrower or any of its Subsidiaries, or (iii) any Lien, action, or notice of the nature described in subparagraph (b) above, in each case which could have a material adverse effect on the business, properties, financial position, results of operations or prospects of Borrower, Holdings I, CBL Properties, Inc. and their respective Subsidiaries other than a material adverse effect which Borrower has fully disclosed to remove the Agent unless the Agent notifies Borrower that Agent has determined that such material adverse effect is likely to result in a future Default or otherwise remediateEvent of Default under any covenant set forth in Section 8 hereof. Upon the occurrence of any such event, Borrower shall, and shall cause its Subsidiaries, at its or such Subsidiary's own cost and expense, take all actions as shall be necessary or advisable for the clean-up of any such property including all removal, containment and remedial actions to the extent required by this Paragraph 26applicable Environmental Laws, Hazardous Materials fromand shall further pay or cause to be paid at no expense to Agent and other Lenders all clean-up, on administrative, and enforcement costs of applicable government agencies asserted against such property or the owner thereof. All costs, including, without limitation, those costs set forth above, damages, liabilities, losses, claims, expenses (including reasonable attorneys' fees actually incurred and disbursements) which are incurred by Agent (except to any Leased Property the extent resulting from the gross negligence or any portion or portions thereofwillful misconduct of Agent), including any past or current Release and any Release or threatened release during without requirement of waiting for the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy ultimate outcome of any Leased Property during other proceeding, shall be paid by Borrower to Agent as incurred within ten (10) days after notice from Agent itemizing the Initial Term or any extension or Renewal Termamounts incurred to the date of such notice. (ce) The Tenant agrees that it will not install any underground Upon reasonable prior notice to Borrower, and subject to the rights of tenants, Agent or above-ground storage tank at any Leased Property without specific, prior written approval its representatives may from time to time (whether before or after the Landlord. The Tenant agrees that it will not store combustible commencement of a nonjudicial or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.judicial

Hazardous Substances. (a) Tenant agrees that it will Except for the hazardous materials and substances and the use thereof required to operate and maintain the Improvements and materials and substances typically located in garden-style apartment communities (so long as such materials and substances are maintained and stored in compliance with all applicable federal, state and local statutory and regulatory environmental requirements), the Mortgagor shall not onmake, aboutstore, or under any Leased Propertyuse, releasetreat, treat release or dispose of any Hazardous Materials; hazardous substances, pollutants or other contaminants ("Prohibited Substances") on or under the Real Estate. If any such Prohibited Substances are nonetheless made, stored, used, treated, released, disposed of or found to exist on or under the Real Estate, the Mortgagor shall give immediate written notice to the Beneficiary of such occurrence or existence. If the Mortgagor fails to keep the Real Estate or Improvements free of such Prohibited Substances, the Beneficiary may, but the foregoing shall not prevent the usebe obligated to, storage do or existence of any Hazardous Materials cause to be done such acts as are necessary or desirable in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complyBeneficiary's opinion to test for, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos remove and dispose of it at such Prohibited Substances. All amounts spent by the Beneficiary for the testing, removal and disposal of such Prohibited Substances and the return of the Real Estate and Improvements to a properly licensed landfill in accordance with law as soon as practicable following condition free of Prohibited Substances to the discovery thereof, (iii) extent necessary to comply with all Environmental Laws related applicable law shall become a debt due by the Mortgagor to Asbestos the Beneficiary and (iv) if at once payable, without demand or notice, and shall become a part of the O&M Plan requires any remediationDebt secured by this deed of trust, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and to bear interest as provided in accordance with the O&M PlanNote from the date of payment by the Beneficiary until paid by the Mortgagor. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and The Mortgagor hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with warrants that (i) there are no civil, criminal or administrative environmental proceedings involving the violation of any Environmental Law with respect Real Estate that are pending or to any Leased Property or any prior ownership of any Leased Propertythe Mortgagor's knowledge threatened; (ii) the Release Mortgagor knows of no facts or threatened Release of or failure circumstances that might give rise to remove or otherwise remediatesuch a proceeding in the future; (iii) to the Mortgagor's knowledge, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except Real Estate is in compliance with all applicable federal, state and local statutory and regulatory environmental requirements; and (iv) to the Mortgagor's knowledge, the Real Estate is free from any and all "hazardous substances," "pollutants" and other "contaminants," as those terms are defined in the federal Comprehensive Environmental LawsResponse, Compensation, and Liability Act ("CERCLA") and rules and regulations thereunder. The Mortgagor shall give immediate written notice to the Beneficiary of any actual or threatened "release" (as defined in CERCLA and rules and regulations thereunder) of such substances on or from the Real Estate or any portion thereof at any time during or preceding the Mortgagor's ownership of the Real Estate. The Mortgagor shall indemnify and hold the Beneficiary and Trustee harmless from and against all loss, damages, fines, penalties, liability and expenses (including but not limited to reasonable attorneys' fees and costs of investigation and litigation) caused by or in any manner resulting from such substances on or under the Real Estate or any portion thereof at any time during or preceding the Mortgagor's ownership of the Real Estate. The indemnity provisions of this paragraph 8 shall survive the satisfaction of this deed of trust and shall continue in full force and effect notwithstanding the payment of the Debt in full for claims arising during or preceding the Mortgagor's ownership of the Real Estate.

Hazardous Substances. (a) Tenant agrees that it will not onThe Borrower represents, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws warrants and regulations. Tenant covenants that it will as at all times complythe Closing Date, to the best of its knowledge, information and will cause each Leased Property to be in compliance withbelief, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: after reasonable inquiry: (i) prepareno Hazardous Substances will in the future be used, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of stored, processed, manufactured, handled or discharged in, on, under or from the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to Property by the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and Borrower except in accordance with the O&M PlanRequirements of Environmental Law and provided that such Hazardous Substances have heretofore been disclosed to and approved by the Lender in writing; (ii) the Property shall not be used by the Borrower as a waste disposal site or coal gasification site; (iii) all permits, licences, certificates, approvals, authorizations, registrations or the like required by the Requirements of Environmental Law for the operation on the Property of the business of the Borrower have been obtained and are valid, in full force and effect and in good standing; (iv) no environmental damage will result from the use of the Property by the Borrower; and (v) there are no convictions (or prosecutions settled prior to conviction) or outstanding or threatened investigations, claims, work orders, notices, directives or other similar remedial actions against the Borrower in relation to any Requirements of Environmental Law. (b) To The Borrower covenants that the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with Borrower will: (i) remedy forthwith, at its own expense, any environmental damage that may occur or be discovered on the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; in the future; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials fromcomply with and monitor, on a regular basis, its compliance and, subject to the Leases the compliance of any tenant, subtenant, assignee or other occupant of the Property with all Requirements of Environmental Law; (iii) provide to the Lender upon request such information, certificates, or statutory declarations as to compliance with the provisions hereof and all Requirements of Environmental Law and conduct such environmental audits or site assessments as may be reasonably necessary to ensure compliance with the Requirements of Environmental Law, and provide to the Lender copies of any Leased environmental, soils, safety or health reports or studies in respect of the Property that it receives or possesses from time to time; and (iv) permit the Lender to conduct inspections and appraisals of all or any portion or portions thereofof its records, including business and Property at any past or current Release time, and any Release or threatened release from time to time during normal business hours upon forty-eight (48) hours advance notice to monitor compliance with the Initial Term or any Renewal Term, whether or not arising out Requirement of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermEnvironmental Law. (c) The Tenant agrees Borrower further covenants that the it will not install be liable for and fully indemnify the Lender for any underground and all costs, expenses, damages or aboveliabilities (including reasonable legal fees on a solicitor and his own client basis and any environmental remediation costs reasonably incurred by the Lender) directly or indirectly arising out of or attributable to the non-ground storage tank at compliance of the Borrower or its tenants, employees or authorized agents with the Requirements of Environmental Law and all such costs, expenses, damages or liabilities shall be secured hereby, and all such liability and indemnity shall survive the repayment of the Indebtedness, foreclosure upon the Charge, and/or any Leased Property without specific, prior written approval from other extinguishment of the Landlord. The Tenant agrees that Obligations of the Borrower under the Charge and any other exercise by the Lender of any remedies available to it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsagainst the Borrower.

Hazardous Substances. (a) The term “Hazardous Substances” shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law.” which term shall mean any federal, state or local law, regulation, order, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that it (A) no activity will not onbe conducted on the Project or Premises that will produce any Hazardous Substances, aboutexcept for such activities that are part of the ordinary course of Tenant’s business activities (the “Permitted Activities”) provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been acknowledged and consented to in advance in writing by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (B) Neither the Project, or under nor the Premises will be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but Substances except for the foregoing shall not prevent the use, storage or existence of any Hazardous Materials such materials that are used in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (the “AsbestosPermitted Materials”), provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and applicable fire codes; (C) Tenant shall: shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (D) no portion of the Project or the Premises will be used as a landfill or a dump; (E) Tenant will not install any underground tanks of any type; (F) Tenant will not cause any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (G) Tenant will not permit any Hazardous Substances to be brought onto the Project or Premises, except for the Permitted Materials described above, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord’s representative shall have the right but not the obligation to enter the Premises during normal business hours upon reasonable prior written notice to Tenant for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Landlord’s reasonable opinion, that said Permitted Materials are being improperly stored, used, or disposed of, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to take such corrective action within 24 hours, Landlord shall have the right to perform such work and Tenant shall promptly reimburse Landlord for any and all costs associated with said work. If at any time during or after the Lease Term, the Project or the Premises are found to be contaminated by Hazardous Substances or subject to said conditions due to or during Tenant’s use and occupancy of the Premises and Project, Tenant shall diligently institute proper and thorough cleanup procedures at Tenant’s sole cost, and Tenant agrees to indemnify, defend and hold harmless Landlord, its lenders, any managing agents and leasing agents of the Project, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, (including reasonable attorneys’ fees), penalties (whether civil or criminal), damages (actual or punitive) and obligations of any nature arising from or as a result of the use of the Project or the Premises by Tenant. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or expiration of this Lease. During and after the Lease Term, Tenant shall promptly provide Landlord with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders or decrees, claims, complaints, investigations, judgments, letters, notice of environmental liens, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, Occupational Safety and Health Administration, the Commonwealth of Virginia Department of Environmental Quality, or other federal, state or local agency or authority, or any other entity or individual, concerning (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term Substance on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, Project or the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased PropertyPremises; (ii) the Release imposition of any lien on the Property or threatened Release the Premises; (iii) any alleged violation of or failure to responsibility under any Environmental Law. Tenant shall promptly notify Landlord if Tenant shall become aware of any Hazardous Substances on the Premises in violation of Environmental Laws and/or if Tenant shall become aware that the Premises is in direct violation of any Environmental Laws. Tenant shall remove or otherwise remediatesuch Hazardous Substances which are in violation of Environmental Laws and/or cure such violations and/or remove such threats, as applicable, as required by this Paragraph 26law (or as shall be required by Landlord in the case of removal which is not required by law, but in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Landlord promptly after Landlord becomes aware of same, at Tenant’s sole expense.) Notwithstanding the foregoing, Landlord acknowledges that Tenant shall have no obligation, except as otherwise set forth herein, to remove Hazardous Materials from, Substances existing on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during about the Initial Term or any Renewal Term, whether or not arising out Premises listed in Section 11.18 as of or in any manner connected with the respective beginning date of the Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlordtenancy thereof. The Tenant acknowledges that there may be floor tile and mastic under said floor tile in parts of the Premises which may contain asbestos. Landlord agrees that it Tenant may remove this floor tile and mastic as long as Tenant uses a licensed environmental engineering firm to perform the work and indemnifies and holds Landlord harmless from any liability concerning the floor tile, mastic or asbestos therein. Tenant understands that there may be other asbestos containing construction material in the interior parts of the Premises and agrees that if Tenant disturbs said construction material for any reason, Tenant shall either remove that disturbed portion or secure the same so there will not store combustible be a health hazard and indemnify and hold Landlord harmless from any liability arising therefrom. Landlord makes no representation or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawswarranty about the environmental impact, if any, of the previous storage of nuclear gauge equipment at 4▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and has no obligations or liabilities arising therefrom.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any the Leased PropertyPremises, releasemake, Release, store, transport, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business except in accordance with applicable laws and regulationsEnvironmental Laws. Tenant covenants represents and warrants that during the Term it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects comply with each applicable Environmental LawLaws. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)Tenant represents and warrants that, Tenant shallas of the date hereof: (i) prepareto the best of Tenant’s knowledge, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy none of the O&M Plan Leased Premises, Tenant nor the operations conducted thereon is or has at any time been in violation of, or otherwise exposed to Landlord andany liability under, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, any Environmental Laws (other than past violations which have been fully resolved in accordance with Environmental Laws); (ii) prevent any Asbestos no underground storage tanks are located on, in or under the Leased Premises; (iii) to the best of Tenant’s knowledge, no Hazardous Materials have been handled, generated, stored, processed or disposed of on or Released or discharged from becoming friable and if any Asbestos does become friablethe Leased Premises (including underground contamination), Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill except in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all applicable Environmental Laws related to Asbestos and (other than past violations which have been fully resolved in accordance with Environmental Laws); (iv) if there is no pending, nor, to Tenant’s knowledge, threatened litigation arising under Environmental Laws affecting Tenant or the O&M Plan requires any remediationLeased Premises; and (v) to the best of Tenant’s knowledge, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation there has been completed satisfactorily no notice of any investigation or proceeding relating to Tenant or the Leased Premises which could result in any liability to Tenant, Landlord of the Leased Premises (including, but not limited to, any restrictions on the future use of the Leased Premises) arising under any Environmental Laws. The representations and in accordance with warranties hereunder shall survive the O&M PlanExpiration Date or any earlier termination of this Lease. (b) To the extent required by applicable Environmental Laws, Tenant shall remove, respond to any release of, and shall remove or clean up any Hazardous Materials, Materials whether now or hereafter existing prior to, or occurring during, on the Term on any Leased Property Premises and whether or not arising out of or in any manner connected with Tenant’s occupancy of such the Leased Property Premises during the Term. In addition to, and without limiting Paragraph 10, 10 of this Lease, Tenant shall and hereby does agree to save, protect, defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Indemnitees harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, Claims arising out of or in any manner connected with with: (i) the violation of any Environmental Law with respect to any the Leased Property Premises or any prior Tenant’s ownership of any the Leased PropertyPremises; (ii) the Release or the threatened Release of or failure to remove remove, respond to or otherwise remediate, clean up as required by this Paragraph 26, and any Hazardous Materials from(as defined herein) from the Leased Premises, on or to any Leased Property or any portion or portions thereofthereof or any adjacent or surrounding areas upon which such Hazardous Material have migrated, including any past or current Release and any Release or threatened release Release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any the Leased Property Premises during the Initial Term or any extension thereof. Notwithstanding the foregoing, nothing herein shall be construed to obligate Tenant to indemnify, defend and hold harmless any Indemnitee from and against any Claims to the extent that such Claims are imposed on or Renewal Termincurred (i) by such Indemnitee by reason of such Indemnitee’s willful misconduct or gross negligence, or (ii) with respect to any matter described in this Paragraph 26 which relates to events, acts or omissions first occurring or first existing (x) subsequent to the expiration or earlier termination of the Term and the vacating of the Leased Premises by the Tenant and any assignee or sublessee of Tenant, and (y) not caused by the acts or omissions of Tenant, any assignee or sublessee of Tenant or any Person claiming by or through Tenant, or the result of any events, conditions, acts or omissions occurring prior to the expiration or earlier termination of the Term and vacating of the Leased Premises by Tenant, any assignee or sublessee of Tenant and any Person claiming by or through Tenant. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any the Leased Property Premises without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any the Leased Property Premises except in compliance accordance with all applicable Environmental Laws. (d) Without the prior written consent of Landlord, which may be given or withheld in Landlord’s sole discretion, Tenant shall not perform any voluntary environmental testing, including, but not limited to, boring or subsurface penetration, for Hazardous Materials in, on or about the Leased Premises unless required under the Environmental Laws. In the event that Tenant violates the foregoing covenant, Tenant shall within ten (10) days after written demand by Landlord to Tenant provide a replacement environmental insurance policy in a form and substance substantially similar to the Environmental Insurance Policy issued by an insurer which satisfies the requirements set forth in Paragraph 14 hereof and is otherwise reasonably satisfactory to Landlord and Lender. (e) The obligations of Tenant under this Paragraph 26 shall survive any termination of the Lease.

Hazardous Substances. (a) Tenant agrees that it will not onThe term "Hazardous Substances", aboutas used in this Lease shall mean pollutants, contaminants, toxins, or under any Leased Propertyhazardous wastes, releaseor other substances, treat the use and/or the removal of which is restricted, prohibited, or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable penalized by an "Environmental Law". If asbestos or asbestos-containing materials are present Environmental Law, as used in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defendmean any federal, indemnify and hold each Lenderstate, the Trustee and Landlordor local, their respective successors and assignsstatute, officerslaw, directorsordinance, shareholdersrule, partnersregulation, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, judicial or administrative order or decision including, but not limited to, reasonable attorneys’ fees the Comprehensive Environmental Response, Compensation and costs Liability Act of litigation1980, arising out of or in any manner connected with as same may be amended from time to time. Tenant hereby agrees that (i) no activity will be conducted on the violation Premises that will produce any Hazardous Substance(s), except for such activities that are part of any the ordinary course of Tenant's business activities ("Permitted Activities"), provided Tenant agrees to conduct all Permitted Activities in accordance with applicable Environmental Law with respect to any Leased Property or any prior ownership of any Leased PropertyLaws; (ii) the Release Premises will not be used in any manner for the storage of any Hazardous Substances, except for the storage of such materials that are used in the ordinary course of Tenant's business ("Permitted Materials"), provided Tenant will store the Permitted Materials in accordance with applicable Environmental Laws; (iii) no portion of the Premises will be used as a landfill or threatened Release a dump; (iv) Tenant will not install any underground tanks of any type in, under, or failure near the Premises, (v) Tenant will not permit any Hazardous Substances to remove be brought onto the Premises except for the Permitted Materials and, if so brought thereon by Tenant, its agents or otherwise remediateemployees, as the same immediately shall be removed with proper disposal and all required by this Paragraph 26clean-up procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord's representative, upon notice and during normal business hours, shall have the right, but not the obligation, to enter the Premises for the purpose of inspecting the storage, use, and disposal of Permitted Materials or other Hazardous Materials fromSubstances and to ensure compliance with all Environmental Laws. Should it be determined, on in Landlord's sole opinion, that any Permitted Material is being improperly stored, used, or to any Leased Property disposed of, or that the Premises, or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or is being used in any manner connected with Tenant’s occupancy violation of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Environmental Law, then Landlord shall provide written notice to Tenant of such matter. Upon receipt of notice, Tenant agrees that it will use all due diligence, at Tenant's sole cost and expense, to cure such violation. Landlord shall have the right to perform such work at the Premises if Tenant shall not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlordcomplete such remediation within a reasonable time period. The reasonableness of the time period for the cure shall be determined by Landlord's environmental consultant or engineer. In the event Tenant agrees that it will shall not store combustible complete such remediation within a reasonable period, as determined above, Landlord shall have the Tenant hereby indemnifies and holds Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages, and obligations of any nature arising from or flammable materials as a result of (a) any breach by Tenant of its obligation of this paragraph on or after the Commencement Date, (b) from any Leased Property except in compliance with all violation of any applicable Environmental LawsLaw on or at the Premises caused by any act of Tenant, its invitees, customers, vendors, employees, agents, or representatives occurring on or after the Commencement Date, and (c) from any liability incurred under any applicable Environmental Law arising out of any activity of Tenant or condition caused by any act of Tenant at or on the Premises in each case occurring on or after the Commencement Date. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or expiration of this lease.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but During the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, term of this Lease, Tenant shall not suffer, allow, permit or cause the generation, accumulation, storage, possession, release or threat of release of any hazardous substance or toxic material, as those terms are used in the Comprehensive Environmental Response Compensation and hereby does agree to defendLiability Act of 1980, as amended, and any regulations promulgated thereunder, or any other present or future federal, state or local laws, ordinances, rules, and regulations. Tenant shall indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Landlord harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damagesliabilities, penalties, expensesdemands, fees, claimsactions, costs and expenses (including response and remedial costswithout limitation reasonable attorney fees), remediation and liabilitiesresponse costs incurred or suffered by Landlord directly or indirectly arising directly from Tenant's tenancy. Such indemnification shall survive 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. The 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 leased 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. 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 leased 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 leased 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 leased premises and the Shopping Center including, but not limited to, reasonable attorneys’ fees selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release final clearance testing procedures and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termresults. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees ‌ 33.1 Lessor represents to Lessee, to the best of its knowledge, that it will not as of the commencement date of this Lease there are no Hazardous Substances in, on, aboutor about the Premises. 33.2 Neither Lessee, any of Lessee’s agents nor any other person shall store, place, generate, manufacture, refine, handle, or locate on, in, under any Leased Property, release, treat or dispose of around the Premises any Hazardous Materials; but Substance, except for storage, handling and use of reasonable quantities and types of cleaning fluids and office supplies on the foregoing shall not prevent the use, storage or existence of any Hazardous Materials Premises in the ordinary course and the prudent conduct of Tenant▇▇▇▇▇▇’s business in accordance with applicable laws and regulationson the Premises. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇▇▇ said Asbestos agrees that (a) the storage, handling and dispose use of it such permitted Hazardous Substances must at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofall times conform to all Governmental Requirements and to applicable fire, (iii) comply with all Environmental Laws related to Asbestos safety and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. insurance requirements; (b) To the extent required by Environmental Lawstypes and quantities of permitted Hazardous Substances which are stored in the Premises must be reasonable and appropriate to the nature and size of Lessee’s operation on the Premises and reasonable and appropriate for the same or similar use and in the same market area as the Premises; and (c) no Hazardous Substance shall be spilled or disposed of on, Tenant in, under or around the Premises or otherwise discharged from the Premises or any area adjacent to the Premises. In no event will Lessee be permitted to store, handle or use on, in, under or around the Premises any Hazardous Substance which will increase the rate of fire or extended coverage insurance on the Premises, nor any substance that could be discharged into the adjacent waterway unless: (1) such Hazardous Substance and the expected rate increase have been specifically disclosed in writing to Lessor; (2) Lessee has agreed in writing to pay any rate increase related to each such Hazardous Substance; and (3) Lessor has approved in writing each such Hazardous Substance, which approval shall respond be subject to any release of▇▇▇▇▇▇’s discretion. 33.3 Lessee shall indemnify, defend, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property hold harmless Lessor and whether or not arising out of or in any manner connected with Tenant▇▇▇▇▇▇’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless agents from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, Claims arising out of or in any manner connected with (i) the violation breach of any Environmental Law with respect provision of this paragraph, which expenses shall also include laboratory testing fees, personal injury claims, clean-up costs and environmental consultants’ fees. ▇▇▇▇▇▇ agrees that Lessor may be irreparably harmed by ▇▇▇▇▇▇’s breach of this paragraph and that a specific performance action may appropriately be brought by ▇▇▇▇▇▇; provided that, ▇▇▇▇▇▇’s election to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether bring or not arising out of bring any such specific performance action shall in no way limit, waive, impair or in any manner connected with Tenanthinder ▇▇▇▇▇▇’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termother remedies against ▇▇▇▇▇▇. (c) The Tenant agrees that it will not install 33.4 As of the execution date of this Lease, Lessee represents and warrants to Lessor that, except as otherwise disclosed by Lessee to Lessor, ▇▇▇▇▇▇ has no intent to bring any underground Hazardous Substances on, in or above-ground storage tank at any Leased Property without specific, prior written approval from under the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property Premises except for the type and quantities authorized in compliance with all applicable Environmental Lawssubparagraph 33.2.

Hazardous Substances. LESSOR hereby certifies to LESSEE and agrees as follows: (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: LESSOR has no knowledge after due investigation of (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy the presence of any hazardous substances on the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, Leased Premises; or (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friablespills, Tenant shall a▇▇▇▇ said Asbestos and dispose releases, discharges, or disposal of it at a properly licensed landfill in accordance with law as soon as practicable following hazardous substances that have occurred or are presently occurring on or onto the discovery thereofLeased Premises, or (iii) comply with all Environmental Laws related to Asbestos any spills or disposal of hazardous substances that have occurred or are presently occurring off the Leased Premises as the result of any construction on or operation and (iv) if use of the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanLeased Premises. (b) To After the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, execution of this Lease, Tenant shall LESSEE may cause to be made a Phase I or Level I environmental study. In the event such study indicates that a Phase II or Level II study is necessary, then LESSEE may undertake, at its expense, such additional study and hereby does agree any additional studies necessary to defendinsure that the Leased Premises is free of all hazardous substances. (c) In connection with the use of the Leased Premises, LESSOR represents for itself; its contractors, subcontractors, and any and all of its agents that as of the date of the signing hereof it has no knowledge after due investigation of any failure to comply with all applicable local, state, and federal environmental laws, regulations, ordinances, and administrative and judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of hazardous substances. (d) LESSOR warrants and represents to LESSEE that the Leased Premises have not been the site of storage of or contamination by any hazardous substances. (e) LESSOR will immediately take all actions which are necessary to clean up any hazardous substances affecting the Leased Premises, which contamination existed prior to execution of this Lease, including the removal, containment, and remedial action required by applicable governmental authorities. Time is of the essence of this provision. (f) LESSOR agrees to indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, LESSEE harmless from and against any and all causes of actionsclaims, suitsdemands, demands or judgments of any nature whatsoeverdamages, losses, damagesliens, liabilities, penalties, expensesfines, feeslawsuits, claims, and other proceedings and costs and expenses (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, attorney fees) arising directly or indirectly from or out of or in any manner way. connected with with (i) the violation inaccuracy of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; the representations contained in this Paragraph 27, or (ii) any activities on the Release Leased Premises during LESSOR’s possession which directly or threatened Release indirectly results in the Leased Premises becoming contaminated with hazardous substances, or (iii) the discovery of or failure hazardous substances on the Leased Premises which were existing on the Leased Premises prior to remove or otherwise remediate, as required by execution of this Paragraph 26, Hazardous Materials from, on or Lease and which are in no way attributable to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLESSEE. (cg) The Tenant agrees LESSOR acknowledges that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval be solely responsible for all costs and expenses related to the clean up of hazardous substances from the LandlordLeased Premises or from any other property which might become contaminated with hazardous substances as a result of activities on or the contamination of the Leased Premises prior to execution of this Lease, LESSOR shall cause such cleanup to be done as soon as possible after discovery, notwithstanding that the discovery may occur after the execution of this Lease. (h) LESSOR’s obligations under this paragraph are unconditional. The Tenant agrees that it will not store combustible representations, warranties, and covenants of LESSOR set forth in this paragraph shall continue in effect during the term of this Lease and any renewal or extension thereof. (i) As used in this paragraph, “hazardous substances” shall include “hazardous waste” and shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic, or radioactive substance, petroleum, including crude oil or any fraction thereof, flammable materials on explosives, asbestos, any Leased Property except material containing polychlorinated biphenyls, and any of the substances defined as “hazardous substances” or “toxic substances” in compliance with all applicable the Comprehensive Environmental LawsResponse, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq., and the Toxic Substance Control Act of 1976, as amended, 15 U.S. C. Section 2601, et seq., or any other federal, state, local, or other governmental legislation, statute, law, code, rule, regulation, or ordinance identified by its terms as pertaining to the disposal, storage, generation or presence of hazardous substances or waste.

Hazardous Substances. No Hazardous Substances (aas hereafter defined) shall be used, generated, stored, treated, released, disposed or otherwise managed by or on behalf of Tenant agrees that it will not on, about, or under any invitee at the Leased Property, release, treat Premises or dispose the Building with the exception of appropriate amounts of office and cleaning products customarily and lawfully used in conjunction with an office use and/or any materials used in connection with any maintenance required to be performed by Tenant hereunder. Tenant shall immediately notify Landlord upon discovery of any Hazardous Materials; but Substance release affecting the foregoing shall not prevent the useLeased Premises and, storage at Landlord’s option, commence and thereafter diligently pursue remediation to Landlord’s satisfaction or existence reimburse Landlord’s costs of investigation or remediation of any release of Hazardous Materials in the ordinary course Substances arising from any act or omission of Tenant, its employees, agents, contractors or invitees within five (5) Business Days after demand therefor. Subject to Section 7.02, above, 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 released by Tenant from the Leased Premises upon expiration or termination of the Lease. ▇▇▇▇▇▇ agrees to indemnify, defend and hold Landlord and ▇▇▇▇▇▇▇▇’s business Indemnitees harmless from and against all Losses 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 accordance connection with applicable laws the presence of 48 Hazardous Substances at or affecting the Building due to any act or failure to act of Tenant, its agents, servants, employees or contractors. Landlord warrants to Tenant that, to Landlord’s actual knowledge and regulations. Tenant covenants that it except as disclosed in writing to Tenant, as of the Delivery Date, the Leased Premises will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If not contain any asbestos or asbestos-containing materials are in quantities that violate any applicable Laws in effect on the Delivery Date. Landlord shall, at ▇▇▇▇▇▇▇▇’s sole cost, comply with all applicable Laws relating to the investigation, monitoring, disposal, remediation and/or removal of Hazardous Substances in violation of any applicable Laws except for which Tenant is responsible pursuant to the terms hereof including, without limitation, those (a) present in the Leased Premises prior to the Commencement Date except to the extent brought thereon by Tenant or at any Leased Property of Tenant’s employees, assignees, subtenants, agents, contractors and representatives (“AsbestosPre-Existing Hazardous Substances”), or (b) brought, used, generated, emitted or disposed of by Landlord in the Leased Premises (“Landlord Hazardous Materials”). Further, if any Hazardous Substances are released in the Leased Premises by a Person other than Landlord, Landlord’s Indemnities, Tenant shall: (i) prepareor any of Tenant’s or any of Tenant’s employees, maintain assignees, subtenants, agents, contractors and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and representatives, then Landlord shall provide a copy of the O&M Plan not be in breach hereof or liable to Landlord andTenant for damages but Landlord, upon request of Landlord or Lenderat its sole cost, promptly provide periodic updates as shall use commercially reasonable efforts to cause such Person to investigate, monitor, dispose, remediate and/or remove such Hazardous Substances to the progress extent required by applicable Laws. Subject to the terms and satisfaction conditions of such O&M Planthis Lease, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofagrees to indemnify, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify defend and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Tenant harmless from and against any all Losses which may be imposed upon, incurred by or asserted against Tenant by a third party and all causes of actions, suits, demands or judgments arising solely and directly out of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property Pre-Existing Hazardous Substances or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Landlord Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermMaterials. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (A) In the event that during construction of the Project Facilities PEF discovers any Hazardous Substance on the Easement Parcels which will materially interfere with or make materially more costly the construction, operation or financing of the Project, Ranchcorp shall within 25 days after request therefor by PEF identify alternative property adjacent to or in the vicinity of the affected Project Facilities which will enable PEF to avoid the Hazardous Substance (and any other Hazardous Substance) and (a) Tenant agrees that it will which is suitable for the development of the Project Facilities without making access to the WRM and DWR electric loads less feasible physically or economically than the property affected by the Hazardous Substance, (b) which is not onaffected by any Hazardous Substance but is otherwise generally as suitable for the Project Facilities as the property affected by the Hazardous Substance, about, or under any Leased Property, release, treat or dispose (c) which shall not materially increase the length of any Hazardous Materials; but Easement Parcel, and (d) which shall be provided without the foregoing payment of additional consideration (the "Alternative Easement Parcel"). If PEF approves the Alternative Easement Parcel (which approval shall not prevent be unreasonably withheld or delayed), this Agreement shall be amended to substitute the useAlternative Easement Parcel for that portion of the Easement Parcel affected by the Hazardous Substance. Notwithstanding the foregoing, storage or existence of any Hazardous Materials in the ordinary course event no Alternative Easement Parcel is or can be supplied and a governmental authority requires cleanup of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it the Hazardous Substance, then Tejon will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: its option either (i) prepare, maintain clean up or remediate the Hazardous Substance when and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior tothe governmental authority, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) reimburse PEF for its costs incurred in cleaning up or remediating the Release or threatened Release of or Hazardous Substance when and to the extent required by the governmental authority. PEF's rights under this Section shall not be impaired by its failure to remove exercise any of its rights under Section 1.5(c) or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during 11.3 of the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermOption Agreement. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (ai) Tenant agrees that it will not onshall not, aboutexcept as provided in subparagraph (ii) below, bring or under otherwise cause to be brought or permit any Leased Propertyof its agents, releaseemployees, treat contractors or dispose invitees to bring in, on or about any part of the Premises, Building or Project, any hazardous substance or hazardous waste in violation of law, as such terms are or may be defined in (x) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 ET SEQ., as the same may from time to time be amended, and 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 Hazardous Materials; but governmental or administrative agency regarding the foregoing environment (collectively, (x) and (y) shall not prevent be referred to as an "Applicable Environmental Law"). (ii) Tenant may bring to and use at the usePremises, storage hazardous substances, supplies or existence of any Hazardous Materials other items, incidental to its normal business operations under the SIC Code referenced in the ordinary course of Tenant’s business paragraph 1(n) above in de minimis quantities in accordance with applicable laws and regulationsApplicable Environmental Law. Tenant covenants that it will at all times comply, shall store and will cause each Leased Property to be handle such substances in compliance with, in all material respects strict accordance with each applicable Environmental Law. If asbestos or asbestos-containing materials are present Notwithstanding the foregoing language contained in or at any Leased Property this subsection (“Asbestos”ii), Tenant shall: shall have the right to store and handle those materials listed in Exhibit E attached hereto (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”as the same may be updated as provided below) and made a part hereof (collectively, the "Materials"), and the storage and handling of said Materials in strict accordance with Applicable Environmental Law shall provide not be deemed to be a breach of this Lease. Also attached as Exhibit F is a copy of all permits obtained by Tenant from the O&M Plan appropriate environmental authorities permitting Tenant to utilize said Materials and Tenant hereby covenants to renew, update or obtain any and all other permits necessary in order to comply with Applicable Environmental Law. Tenant shall have the right to update the list of Materials on an annual basis and to add materials thereto, provided that the addition of any materials not set forth in Exhibit E shall be subject to at least ten (10) days' prior written notice to, and the reasonable approval of, the Landlord; provided, however, that Tenant shall be permitted to add additional materials, and the Landlord andshall be deemed to have given its reasonable approval thereto provided that the Food & Drug Administration or other governmental or regulatory authority has required Tenant to utilize said additional material or materials, upon request in which event the addition of Landlord said material or Lendermaterials shall be permitted, promptly provide periodic updates as unless said materials, it not utilized in accordance with all Applicable Environmental Law, would have a potential material, adverse environmental impact on the Building, the Project, the Premises or any operations thereon. Any added materials shall be purchased, stored, handled, utilized and disposed of in strict accordance with all Applicable Environmental Law. With regard to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableMaterials or additional materials utilized by Tenant in connection with this Article 10, Tenant shall a▇▇▇▇ be required, before receiving, storing, handling or using any said Asbestos materials, to obtain all federal, state and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereoflocal licenses, (iii) comply with all Environmental Laws related to Asbestos permits and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent approvals required by Applicable Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLaw. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (ai) Tenant agrees that it will not onshall not, aboutexcept as provided in subparagraph (ii) below, bring or under otherwise cause to be brought or permit any Leased Propertyof its agents, releaseemployees, treat contractors or dispose invitees to bring in, on or about any part of the Premises, Building or Project, any hazardous substance or hazardous waste in violation of law, as such terms are or may be defined in (x) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 ET SEQ., as the same may from time to time be amended, and 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 Hazardous Materials; but governmental or administrative agency regarding the foregoing environment (collectively, (x) and (y) shall not prevent be referred to as an "Applicable Environmental Law"). (ii) Tenant may bring to and use at the usePremises, storage hazardous substances, supplies or existence of any Hazardous Materials other items, incidental to its normal business operations under the SIC Code referenced in the ordinary course of Tenant’s business paragraph 1(m) above in de minimis quantities in accordance with applicable laws and regulationsApplicable Environmental Law. Tenant covenants that it will at all times comply, shall store and will cause each Leased Property to be handle such substances in compliance with, in all material respects strict accordance with each applicable Environmental Law. If asbestos or asbestos-containing materials are present Notwithstanding the foregoing language contained in or at any Leased Property this subsection (“Asbestos”ii), Tenant shall: shall have the right to store and handle those materials listed in Exhibit C attached hereto (ias the same may be updated as provided below) prepareand made a part hereof (collectively, maintain the "Materials"), and timely the storage and handling of said Materials in strict accordance with Applicable Environmental Law shall not be deemed to be a breach of this Lease. Tenant shall be required to obtain all permits from the appropriate environmental authorities permitting Tenant to utilize said Materials and Tenant hereby covenants to renew, update or obtain any and all other permits necessary in order to comply with Applicable Environmental Law. Tenant shall have the right to update the list of Materials on an asbestos annual basis and to add materials thereto, provided that the addition of any materials not set forth in Exhibit C shall be subject to at least ten (10) days' prior written notice to, and the reasonable approval of, the Landlord; provided, however, that Tenant shall be permitted to add additional materials, and the Landlord shall be deemed to have given its reasonable approval thereto provided that the Food & Drug Administration or other governmental or regulatory authority has required Tenant to utilize said additional material or materials, in which event the addition of said material or materials shall be permitted, unless said materials, if not utilized in accordance with all Applicable Environmental Law, would have a potential material, adverse environmental impact on the Building, the Project, the Premises or any operations thereon. Any added materials shall be purchased, stored, handled, utilized and maintenance plan (an “O&M Plan”) and shall provide a copy disposed of the O&M Plan in strict accordance with all Applicable Environmental Law. With regard to Landlord and, upon request of Landlord any Materials or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableadditional materials utilized by Tenant in connection with this Article 10, Tenant shall a▇▇▇▇ be required, before receiving, storing, handling or using any said Asbestos materials, to obtain all federal, state and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereoflocal licenses, (iii) comply with all Environmental Laws related to Asbestos permits and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent approvals required by Applicable Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLaw. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees The Borrower warrants and represents to the Lender that to the best of their knowledge and belief and based on environmental assessments of the Inventory commissioned by the Borrower, except to the extent disclosed to the Lender in environmental assessments or other writings or to the extent that it will would not onmaterially and adversely affect the use and marketability of any Inventory, aboutthe Inventory has not been and is not now being used as a storage facility for any "Hazardous Substances", nor has it been used in violation of any federal, state or local environmental law, ordinance or regulation, that no proceedings have been commenced, or under notice(s) received, concerning any Leased Property, release, treat or dispose alleged violation of any Hazardous Materials; but such environmental law, ordinance or regulation, and that the foregoing Inventory is free of hazardous or toxic substances and wastes, contaminants, oil, radioactive or other materials the removal of which is required or the maintenance of which is restricted, prohibited or penalized by any federal, state or local agency, authority or governmental unit except as set forth in the Site Assessments. The Borrower covenants that it shall neither permit any such materials to be brought on to the Inventory, nor shall it acquire real property to be added to the Loan Inventory upon which any such materials exist, except to the extent disclosed to the Lender in environmental assessments or other writings or to the extent that it would not prevent materially and adversely affect the use, storage or existence use and marketability of any Hazardous Materials in Inventory; and if such materials are so brought or found located thereon, such materials shall be immediately removed, with proper disposal, to the ordinary course of Tenant’s business in accordance with extent required by applicable laws environmental laws, ordinances and regulations, and all required environmental cleanup procedures shall be diligently undertaken pursuant to all such laws, ordinances and regulations. Tenant covenants The Borrower further represents and warrants that it the Borrower will at promptly transmit to the Lender copies of any citations, orders, notices or other material governmental or other communications received with respect to any hazardous materials, substances, wastes or other environmentally regulated substances affecting the Inventory. Notwithstanding the foregoing, there shall not be a default of this provision should the Borrower store or use minimal quantities of the aforesaid materials, provided that: such substances are of a type and are held only in a quantity normally used in connection with the construction, occupancy or operation of comparable buildings or residential developments (such as cleaning fluids and supplies normally used in the day to day operation of residential developments), such substances are being held, stored and used in complete and strict compliance with all times complyapplicable laws, regulations, ordinances and requirements, and will cause each Leased Property the indemnity set forth below shall always apply to such substances, and it shall continue to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy the responsibility of the O&M Plan Borrower to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with take all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily remedial actions required under and in accordance with this Agreement in the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments event of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation unlawful release of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termsuch substance. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. With respect to Tenant's use of the Building, Tenant at all times, at its own cost and expense, shall comply with all Laws relating to the use, analysis, production, storage, sale, disposal or transportation of any hazardous materials (a"Hazardous Substance Laws',), including, without limitation, oil or petroleum products or their derivatives, solvents, PCB's, explosive substances, asbestos, radioactive materials or waste, and any other toxic, ignitable, reactive, corrosive, infectious, contaminating or pollution materials ("Hazardous Substances',) which now or in the future are subject to any governmental regulation. Tenant agrees that it will shall not onuse, aboutgenerate, or under any Leased Property, release, treat store or dispose of any Hazardous Materials; but Substances in or on the foregoing Leased Premises or the Building (except to the extent and in the quantities any such Hazardous Substances are commonly used for general office purposes and then only in strict accordance with all Hazardous Substance Laws). Except in emergencies or as otherwise required by Law, Tenant shall not prevent take any remedial action in response to the presence or release of any Hazardous Substances on or about the Building without first giving written notice of the same to Landlord. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Substances in any way connected with the Building without first notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings. Landlord shall have the right at all reasonable times to (a) inspect the Leased Premises, (b) conduct tests and investigations to determine whether Tenant is in compliance with the above provisions, and (c) request lists of all Hazardous Substances used, stored or located on the Leased Premises by Tenant. All costs and expenses incurred by Landlord in connection with any environmental investigation shall be paid by Landlord (and may be included in Operating Expenses), except that if any such environmental investigation shows that Tenant has failed to comply with the provisions of this Section, or that the Building or the Real Property (including surrounding soil and any underlying or adjacent groundwater) have become contaminated due to the operations or activities in any way attributable to Tenant, then all of the costs and expenses of such investigation shall be paid by Tenant. Tenant's indemnity under Section 20 shall specifically extend to all liability, including all foreseeable and unforeseeable consequential damages, directly or indirectly arising out of the use, generation, disposal or storage or existence of Hazardous Substances by Tenant, including without limitation the costs of any Hazardous Materials in required repair, cleanup or detoxification and the ordinary course preparation of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complyany closure or other required plans, and will cause each Leased Property whether such action is required or necessary prior to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, termination of this Lease, to the full extent that such action is proximately caused by the use, generation, storage, or disposal of Hazardous Substances by Tenant. Neither the written consent by Landlord to the use, generation, disposal or storage of Hazardous Substances by Tenant nor the strict compliance by Tenant with all Hazardous Substances Laws shall and hereby does agree to defend, indemnify and hold each Lender, excuse Tenant from its indemnity obligation. In the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes event Tenant's occupancy or conduct of actions, suits, demands business in or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) on the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal TermPremises, whether or not arising out of or Landlord has consented to the same, results in any manner connected increase in premiums for the insurance carried from time to time by Landlord with respect to the Building, Tenant shall pay any such increase in premiums upon billing by Landlord. In determining whether increased premiums are a result of Tenant’s 's use or occupancy of the Leased Premises, a schedule issued by the organization computing the insurance rate on the Building showing the various components of such rate shall be conclusive evidence of the several items and charges which make up such rate. Tenant shall promptly comply with all reasonable requirements of the insurance authority or of any insurer now or later in effect relating to the Leased Premises. Landlord hereby discloses to Tenant that a Phase I Environmental Site Assessment and Limited Asbestos Survey and Hazard Assessment were performed on the Property during by Hygienetics, Inc. of Emeryville, California in 1990. Hygienetics, Inc. supplemented the Initial Term or any extension or Renewal Term. (c) The Limited Asbestos Survey in June, 1991 and March, 1995. Such surveys and assessment revealed 13 samples of vinyl tile floor mastic, and two samples of vinyl floor tiles, in the Building, which contained asbestos and revealed the presence of limited quantities of hazardous and toxic substances such as cleaning materials, lead and acid batteries in the basement and diesel fuel storage tanks. Complete copies of the Site Assessment and Asbestos Surveys are available for inspection in the Building management office. Except as disclosed in the Site Assessment and Asbestos Surveys, Landlord has no actual knowledge of Hazardous Substances in the Building that must be removed in order for the Building to comply with Hazardous Substances Laws in effect as of the date of this Lease. Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specifichas had the opportunity, prior written approval from to execution and delivery of this Lease, to make such further investigation and inquiry about such matters as Tenant deems appropriate and Tenant accepts the Landlord. The Tenant agrees Premises with knowledge of the risks that it will not store combustible may be associated with the presence of all materials or flammable materials on any Leased Property except conditions disclosed in compliance with all applicable Environmental Lawssuch surveys and assessment.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under Without limiting any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing provisions of this Article V, Tenant shall not prevent generate, cause or permit to be released (whether by way of uncapping, pouring, spilling, spraying, spreading, attaching, leaking or otherwise) into or onto the usePremises, storage the Building, the Project or existence of the surrounding areas (including the ground and ground water thereunder and the sewer and drainage systems therein) any Hazardous Materials in the ordinary course of Tenant’s business in accordance with hazardous substances (as defined or established from time to time by applicable laws and regulationslocal, state or federal law). The term "hazardous substances" includes, among other things, hazardous waste. Tenant covenants shall immediately notify Landlord if any such release occurs, and, as to any such release that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos has been caused or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shallpermitted by Tenant: (i) prepareTenant shall, maintain at its sole cost and timely comply expense, immediately and entirely remove such released hazardous substance in a manner fully in compliance with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as all laws pertaining to the progress removal and satisfaction of storage or disposal thereof, and provide Landlord with evidence that Tenant has fully complied with such O&M Plan, removal obligation; and (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related hereby agrees to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and harmless Landlord, Landlord's mortgagee, Landlord's management company, and their respective successors and assignspartners, officers, directors, shareholdersemployees and agents (collectively, partnersthe "Landlord Indemnified Parties") of and from any liability, memberspublic or private, affiliatesresulting to Landlord as a result of such release and agrees to, beneficiaries and employeesdoes hereby, harmless indemnify such Landlord Indemnified Parties from and against any and all causes of actionsexpense or cost incurred by Landlord, suits, demands or judgments of any nature whatsoever, losseswhich results, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of in whole or in any manner connected with (i) part, directly or indirectly, from a release of a hazardous substance which is caused or permitted by Tenant. In addition to the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) foregoing, Tenant shall at all times be and occupy the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except Premises in compliance with all applicable Environmental LawsLegal Requirements. The provisions of this Section 5.6(a) shall survive the expiration or termination of this Lease for any reason.

Hazardous Substances. (a) Tenant agrees that it will not onto, aboutand shall cause all of the Tenant Controlled Parties not to, store, produce or under any Leased Property, release, treat or dispose of permit any Hazardous MaterialsSubstances on or about the Property or other property of Landlord; but provided, however, Tenant may use reasonable chemicals such as lubricants, solvents, gases and cleaning fluids of the foregoing shall not prevent the use, storage or existence of any Hazardous Materials kind and in amounts and in the ordinary course manner customarily found and used in a general office and laboratories in order to conduct its Permitted Use at the Leased Premises; provided, that any handling, treatment, transportation, storage, disposal or use of Tenant’s Hazardous Substances by Tenant in or about the Leased Premises or the Property shall strictly comply with all Applicable Laws, including, without limitation, environmental laws. Notwithstanding anything to the contrary contained herein, the parties acknowledge that Tenant wishes and intends to use all or a portion of the Leased Premises as a biotechnology research and development facility in conformance with the conduct by Tenant of its business in accordance with applicable laws the Permitted Use, that such use, as conducted or proposed to be conducted by Tenant, would customarily include the handling of Hazardous Substances, and regulations. that Tenant covenants shall therefore be permitted to engage in the handling in the Leased Premises of necessary and reasonable quantities of Hazardous Substances customarily used in or incidental to the operation of a bio-technological research, development preparation and/or dispensing facility in conformance with business operations of Tenant in the manner conducted or proposed to be conducted by Tenant hereunder (“Permitted Hazardous Substances”), provided that it will the handling of such Permitted Hazardous Substances by Tenant shall at all times complycomply with and be subject to all provisions of this Lease and all Applicable Laws. “Hazardous Substances” shall mean asbestos, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials, polychlorinated biphenyls, mercury, lead, lead-based paint, chlorofluorocarbons, petroleum-based products, petroleum byproducts, explosives and other substances regulated by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., the Resources Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., or any other federal, state or local laws, rules, regulations or ordinances relating to the regulation of toxic or hazardous materials are present in or at otherwise to the environment, all as the same may have heretofore been or may hereafter be amended. Tenant shall indemnify, defend and hold Landlord harmless against and from any Leased Property expense for the cost of clean-up or removal and from any liability, damage, claim, cost or expense whatsoever (“Asbestos”)including, without limitation, reasonable attorneys' fees) resulting from the releasing, spilling, leaking, leaching, disposing, pumping, pouring, emitting, emptying, dumping, use, handling, treatment, manufacture, transportation, generation, storage or sale of Hazardous Substances by Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy or any of the O&M Plan Tenant Controlled Parties. If Tenant fails to promptly commence any clean-up that may be required hereunder, Landlord may, but shall not be obligated to, commence and complete such clean-up and removal irrespective of any actions taken or intended to be taken by Tenant or any other party, and, upon request of in addition to any other rights and remedies Landlord or Lendermay have, promptly provide periodic updates Landlord may charge Tenant, as to Additional Rent, for the progress entire cost and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery expense thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if which shall be payable on demand. Tenant's indemnification obligations hereunder shall survive the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, expiration or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, earlier termination of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials The term "hazardous materials" as used in the ordinary course of Tenant’s business in accordance with applicable laws Lease shall mean and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond refer to any release ofpollutant, and shall remove any Hazardous Materialscontaminant, whether existing prior to, toxic or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs hazardous waste (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees asbestos, Polychlorinated Biphenyls and costs petroleum products) or any other substance, the removal or remediation of litigationwhich is required, arising out or the generation, use or handling of which is restricted, prohibited, regulated or in penalized by an "Environmental Laws", which term shall mean any manner connected with federal, state or local law, rule, regulation or ordinance relating to pollution or protection of the environment or hereafter enacted, including but not limited to, the Comprehensive Environmental Response Compensating and Liability Act of 1980, the Resource Conservation and Recovery Act and the Superfumd Amendments and ReauthorLzation Act of 1986. Tenant hereby agrees that (i) the violation of any Leased Premises will at all times be operated in full compliance with the Environmental Law with respect to any Leased Property or any prior ownership of any Leased PropertyLaws; (ii) no activity will be conducted on the Release Leased Premises that will generate any hazardous materials except for activities that are part of the ordinary course of Tenant's business activities and which are specifically described in this Lease (the "Permitted Activities"), provided said activities have been approved in advance in writing by landlord and are conducted in accordance with all Environmental Laws and provided further that Tenant has fully disclosed to Landlord in writing the existence, extent and nature of any such hazardous materials which Tenant is legally authorized and empowered to maintain on, in or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on under the Leased Premises or to any use in connection therewith, and provided further that Tenant has obtained and will maintain all licenses, permits and approvals required with respect thereto and is in full compliance with all the terms, conditions and requirements of such licenses, permits and approvals; (iii) the Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or Premises will not arising out of or be used in any manner connected with Tenant’s occupancy for the storage of any hazardous materials except for the temporary storage of such materials in accordance with applicable law that are used in the ordinary course of Tenant's business and which are described by quantities in Schedule "A" attached hereto (the "Permitted Materials"), provided such permitted materials are properly stored in a manner and location meeting all Enviromnental Laws and the same is approved in advance in writing by Landlord; (iv) Tenant has not and will not mix or dispose of any hazardous materials on or within the Leased Property during the Initial Term or any extension or Renewal Term. Premises; (cv) The Tenant agrees that it will not install any underground tanks of any type within the Leased Premises or above-ground storage tank on any part of the property; (vi)Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance or a violation of any Environmental Law, (vii) Tenant will not permit any hazardous materials to be brought or found or located, the same shall be immediately removed by Tenant or caused to be removed by Tenant, with proper packaging, labeling, transportation and disposal and all required cleanup and remediation procedures shall be diligently undertaken by Tenant and at Tenant's sole cost and expense pursuant to all Environmental Laws. In additiom violation of any of the foregoing conditions shall be and constitute a default under this Lease entitling Landlord to terminate this Lease. Any such termination shall not, however, relieve Tenant of its obligations to comply with the terms of this provision regarding the removal of hazardous materials or of the indemnification provided herein. In addition, if Tenant fails to comply with any of the covenants of this subparagraph, or fails to comply with any Environmental Laws, Landlord, at Tenant's sole cost and expense, may immediately commence remedial action to restore the Leased Property without specificPremises to all environmentally sound condition. Tenant agrees to immediately notify Landlord of (a) any significant release of hazardous materials, prior written approval or other chemicals or substances; and (b) the receipt of any pertinent notices or communications from any governmental authority. Tenant further agrees to provide Landlord with a letter of certification from time to time upon the request of Landlord and on each anniversary of this Lease, certifying that Tenant has complied with all applicable errviromnental laws and requirements and the requirements of all applicable agencies and that no contamination has occurred or exists within the Leased Premises or on the property as a result of Tenants, activities, Without in anyway limiting the obligations of the Tenant, Landlord reserves the right to enter and inspect the Leased Premises and conduct any testing, samples, borings and analysis which Landlord, in its sole discretion, may deem necessary. The Tenant further covenants and agrees that it will shall not store combustible cause or flammable allow any lien to be recorded against the Leased Premises as a consequence of, or in any way related to, the presence, remediation or disposal of any hazardous materials in or relating to the Lcased Premises or the property, or related in any way to the activities of Tenant, including any mechanics,' materialmans', suppliers' laborers' liens or any state, federal or local environmental liens relating to such matters. Tenant hereby agrees to indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims, penalties, fines, suits, liabilities and expenses, including cleanup costs, attorney fees, consultants or experts' fees and expenses of every kind and nature incurred or suffered by or asserted against Landlord directly or indirectly as a result of or on account of (i) the location on the Leased Premises or the property of any Leased Property except in compliance hazardous material, the storage of which or the exposure to which is prohibited, limited or regulated by any Environmental Law or any federal, state, county, regional or local governmental unit, agency or authority for which storage or exposure, even if not so prohibited, limited or regulated, may pose a hazard to the health and safety of the occupants of the property or to that of the owners or occupants of real property adjacent hereto, or (ii) the failure by Tenant to comply with all any applicable Environmental Laws; or (iii) any warranty or representation made by Tenant in this paragraph being false or untrue in any material respect. Tenant's obligation hereunder shall not be limited to any extent by the term of this Lease, and, as to any act of occurrence prior to the expiration of the term hereof, whether terminated by Landlord or other expiration pursuant to the terms hereof and, as to any act or occurrence prior to the expiration of the term hereof which gives rise to liability hereunder, shall continue, survive or remain in full force and effect notwithstanding the expiration ofthe terms hereof.

Hazardous Substances. Mortgagor covenants and agrees that: (a) Tenant agrees that it will not on, about, all uses and operations on or under any Leased of the Property, releasewhether by Mortgagor or any other person or entity, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable all Environmental Laws and permits issued pursuant thereto, including, without limitation, Environmental Laws relating to the release of Hazardous Substances; (b) there shall be no Releases (as hereinafter defined) of Hazardous Substances in, on, under or from the Property by Mortgagor or anyone controlled by, controlling or under common control with Mortgagor; (c) Mortgagor shall keep the Property free and clear of all liens and other encumbrances imposed pursuant to any Environmental Law. If asbestos , whether due to any act or asbestos-containing materials are present in omission of Mortgagor or at any Leased Property other person or entity (the “AsbestosEnvironmental Liens”); (d) if a Mortgagee has a reasonable basis to believe that there has been a change in the environmental condition of the Property, Tenant such Mortgagee shall have the right to require Mortgagor to, at Mortgagor’s sole cost and expense, perform any environmental site assessment or other investigation of environmental conditions in connection with the Property, and share with each Mortgagee the reports and other results thereof, and each Mortgagee and all Indemnified Parties shall be entitled to rely on such reports and other results thereof; (e) Mortgagor shall: , at its sole cost and expense, comply with all reasonable written requests of a Mortgagee to (i) preparereasonably effectuate Remediation of any condition (including but not limited to a Release of a Hazardous Substance) in, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of on, under or from the O&M Plan to Landlord andProperty in all material respects, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of extent such O&M Plan, Remediation is required under any Environmental Law; (ii) prevent comply or cause compliance by any Asbestos from becoming friable other tenant or user of the Property with any Environmental Law; and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply or cause compliance by any other tenant or user of the Property with all Environmental Laws related any directive from any governmental authority; (f) Mortgagor shall not do or allow any tenant or other user of the Property to Asbestos do any act that materially increases the dangers to human health or the environment, poses an unreasonable risk of harm to any person or entity (whether on or off the Property), impairs or may impair the value of the Property, is contrary to any requirement of any insurer, constitutes a public or private nuisance, constitutes waste, or violates any covenant, condition, agreement or easement applicable to the Property; and (ivg) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and Mortgagor shall immediately notify each Mortgagee in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out writing of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) any presence or Releases or threatened Releases of Hazardous Substances in, on, under, from or migrating towards the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) any non-compliance with any Environmental Laws related in any way to the Release Property; (iii) any actual or threatened Release potential Environmental Lien; (iv) any required or proposed Remediation of environmental conditions relating to the Property; and (v) any written or failure oral notice or other communication of which Mortgagor becomes aware from any source whatsoever (including but not limited to remove a governmental entity) relating in any way to Hazardous Substances or otherwise remediateRemediation thereof, as required by this Paragraph 26, Hazardous Materials from, on possible liability of any person or entity pursuant to any Leased Property Environmental Law, other environmental conditions in connection with the Property, or any portion actual or portions thereof, including any past potential administrative or current Release and any Release judicial proceedings relating to the environment or threatened release during human health in connection with the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermProperty. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Subject to Section 4.3(f), Tenant agrees that it will not onshall at all times and in all respects comply with all federal, aboutstate and local laws, ordinances and regulations ("HAZARDOUS MATERIALS LAWS") relating to the industrial hygiene, environmental protection or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage analysis, generation, manufacture, storage, presence, disposal or existence transportation of any Hazardous Materials in oil, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyIs, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or toxic substances" under any such laws, ordinances or regulations (collectively, "HAZARDOUS MATERIALS") at the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanDemised Premises. (b) To the extent required by Environmental LawsSubject to Section 4.3(f), Tenant shall respond at its own expense procure (other than a certificate of occupancy), maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant's use of the Demised Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Tenant shall in all respects handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Demised Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Subject to Section 4.3[f), all reporting obligations imposed by Hazardous Materials Laws are solely the responsibility of Tenant. Upon expiration or earlier termination of this Lease and subject to Section 4.3(f), Tenant shall cause all Hazardous Waste Materials (as defined in 22 CCR 66261.3) to be removed from the Demised Premises and transported for use, storage or disposal in accordance with and in complete compliance with all applicable Hazardous Materials Laws. Tenant shall not take any release of, and shall remove remedial action in response to the presence of any Hazardous MaterialsMaterials in, whether existing prior toon, about or occurring during, under the Term on any Leased Property and whether or not arising out of Demised Premises or in any manner Improvements situated on the Land other than in the normal course of Tenant's business operations as now contemplated in accordance with all Hazardous Materials Laws or as necessitated by emergency considerations in accordance with all applicable Hazardous Materials Laws, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Demised Premises or the Improvements on the Land without first notifying Landlord of Tenant’s occupancy of such Leased Property during the Term's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. In addition toaddition, and without limiting Paragraph 10at Landlord's request, at the expiration of the term of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Demised Premises during the term of this Lease and hereby does agree which contain, have contained or are contaminated with Hazardous Waste Materials. (c) Tenant shall immediately notify Landlord in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to defendany Hazardous Materials Laws; (ii) any claim made or threatened by any person against Landlord or the Demised Premises relating to damage, indemnify contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any non-routine reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Demised Premises or with respect to any Hazardous Materials removed from the Demised Premises, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations from any governmental agency of any Hazardous Materials Laws relating in any way to the Demised Premises or Tenant's use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Laws), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests reflecting the legal and proper disposal of all such Hazardous Materials removed from the Demised Premises. Subject to Section 4.3(f), all such manifests shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord. (d) Subject to Section 4.3(f), Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold Landlord and each Lender, the Trustee and of Landlord, their respective successors and assigns, 's officers, directors, shareholders, partners, membersshareholders, affiliates, beneficiaries and employees, agents, attorneys, successors and assigns free and harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesliabilities, damages, costs, penalties, expensesforfeitures, fees, claims, costs losses or expenses (including response attorneys' fees) for death or injury to any person or damage to any property whatsoever (including water tables and remedial costsatmosphere) to the extent arising or resulting in whole or in part, directly or indirectly, from the presence or discharge of Hazardous Materials in, on, under, upon or from the Demised Premises or the Improvements located thereon or from the transportation or disposal of Hazardous Materials to or from the Demised Premises to the extent brought onto the Demised Premises by Tenant whether knowingly or unknowingly, the standard herein being one of strict liability. For purposes of the indemnity provided herein, any act or omission of Tenant or its agents, employees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. Subject to Section 4.3(f), Tenant's obligations hereunder shall include, without limitation, and liabilitieswhether foreseeable or unforeseeable, including, but not limited to, reasonable attorneys’ fees and all costs of litigationany required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or early termination of the term of this Lease. For purposes of the indemnity provided herein, any acts or omissions of Tenant or its employees, agents, customers, sublessees, assignees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. (e) Landlord may, at its expense, commission an environmental audit of the Demised Premises at any time after prior written notice thereof to Tenant; provided that such environmental audit does not unreasonably interfere with Tenant's use of the Demised Premises, or any portion thereof, and provided further that Landlord indemnifies, defends and holds harmless Tenant and its officers, agents, employees and customers from and against any loss, liabilities or damages to Tenant's machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from an injury to the property of Tenant, or its officers, agents, employees or customers, and any death or personal injury to any person or persons to the extent arising out of such environmental audit except for liability, loss or damage caused by Tenant's gross negligence or willful misconduct. However, should Tenant breach any of its obligations set forth in this Section 4.3 in a manner that may expose Landlord to liability, and Landlord provides written notice to Tenant of the reasonable basis upon which it believes it has been exposed to liability, then Landlord shall have the right to require Tenant to undertake and submit to Landlord an environmental audit from an environmental company reasonably acceptable to Landlord, which audit shall evidence Tenant's compliance with this Section 4.3. (f) Landlord represents and warrants that as of the date of this Lease there are, and as of the Commencement Date there will be, no Hazardous Materials located on the Demised Premises, other than an as required for the normal operation of the Demised Premises and in accordance with all Hazardous Materials Laws. Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant), protect and hold Tenant and each of Tenant's officers, directors, partners, shareholders, affiliates, employees, agents, attorneys, successors and assigns free and harmless from and against any and all claims, liabilities, damages, costs, penalties, forfeitures, losses or expenses (including attorneys' fees) for death or injury to any person or damage to any property whatsoever (including water tables and atmosphere) arising or resulting in whole or in any manner connected with (i) part, directly or indirectly, from the violation presence of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials fromin, on on, under, upon or from the Demised Premises or the Improvements located thereon prior to the Commencement Date, or from the transportation or disposal of Hazardous Materials to or from the Demised Premises to the extent caused by Landlord whether knowingly or unknowingly, the standard being one of strict liability. For purposes of the indemnity provided herein, any Leased Property act or any portion omission of Landlord or portions thereofits agents, including any past employees, contractors or current Release and any Release or threatened release during the Initial Term or any Renewal Term, subcontractors (whether or not arising out they are negligent, intentional, willful or unlawful) shall be strictly attributable to Landlord. Subject to Section 4.3(f), Landlord's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or in any manner connected with Tenant’s occupancy early termination of any Leased Property during the Initial Term or any extension or Renewal Termterm of this Lease. (cg) The obligations of Landlord and Tenant agrees that it will not install any underground under this Section 4.3 shall survive the expiration or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsearlier termination of this Lease.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any All Hazardous Materials; but Substances remediation shall be governed by the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M MasterWork Plan, (ii) prevent East Village Remediation Area, dated July 31, 1999 and any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose applicable soil management plan approved by the County Department of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanHealth. (b) To Generally, PCL shall be responsible for the extent required on-site management of all Hazardous Substances and waste generated and used by Environmental Laws, Tenant PCL and its Consultants in the construction of the Ballpark on each Project Site from the period commencing on the date on which the City issues the Project Notice to Proceed with respect to such Project Site and terminating on the date Substantial Completion of the Ballpark has been achieved. PCL shall respond be identified to any release ofGovernmental Agency as the party responsible for generation, treatment, storage and disposal of all Hazardous Substances and wastes generated or used by PCL and its Consultants in the construction of the Ballpark during such period (and, therefore, PCL shall remove any be designated as the “generator” on all manifests relating to all such Hazardous Materials, whether existing prior to, or occurring duringSubstances and wastes). The City shall be responsible for the on-site management of all Hazardous Substances and waste generated and used by the City, the Term on any Leased Property Agency and whether or not arising out of or CCDC and their respective Consultants in any manner connected with Tenant’s occupancy of the following activities (such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lenderactivities, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with “City Development Activities”): (i) the violation development, construction and operation of any Environmental Law the Ballpark on each Project Site prior to the date on which the City issues the Project Notice to Proceed with respect to any Leased Property or any prior ownership of any Leased Property; such Project Site and (ii) the Release or threatened Release development, construction and operation of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or the Infrastructure and the Land Acquisition. The City shall be identified to any Leased Property Governmental Agency as the party responsible for the generation, treatment, storage and disposal of all Hazardous Substances and wastes generated or any portion used by the City, the Agency and CCDC and their respective Consultants in the City Development Activities (and, therefore, the City shall be designated as the “generator” on all manifests relating to all such Hazardous Substances and wastes). If PCL discovers, encounters or portions thereof, including any past or current Release and any Release or threatened release during is notified of the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy existence of any Leased Property during known or unknown Hazardous Substances existing on, above or below any Project Site as of the Initial Term or any extension or Renewal Termdate the City issues the Project Site Notice to Proceed, then PCL shall promptly notify the City thereof and cordon off the area containing such Hazardous Substances. (c) The Tenant agrees that it will not install any underground City shall, as soon as is reasonably practicable, deliver or above-ground storage tank at any Leased Property without specificcause to be delivered to PCL for each Project Site, prior written approval the Project Site Certificates of Completion, as defined by the ▇▇▇▇▇▇▇ Redevelopment Act, from the LandlordAdministering Agency under H&S Code Section 33459 et seq. The Tenant agrees that it will not store combustible and closure or flammable materials on “no further action” letters contemplated by the Master Workplan, East Village Redevelopment Area, dated July 30, 1999. PCL shall cooperate with the City, the Agency and CCDC to allow them to undertake all actions necessary to satisfy the obligations described in the foregoing sentence during construction of the Ballpark; provided, however, the Expected Opening Date shall be equitably adjusted to reflect any Leased Property except resulting delay in compliance with all applicable Environmental Lawsthe construction of the Ballpark.

Hazardous Substances. (a) Tenant Subtenant shall have no liability or responsibility for toxic or hazardous materials or substances in existence on the Subleased Premises prior to Subtenant's occupancy of the Subleased Premises or to the extent the same result from Sub-landlord's acts or omissions, or which occur on any portion of Sub-landlord's leased property not occupied by Subtenant, unless caused by Subtenant, its agents, employees, invitees or guests. Subtenant covenants and agrees that it will not to suffer, permit, use, introduce or maintain in, on, aboutunder or about any portion of the Subleased Premises, any asbestos, polychlorinated biphenyl, or under any Leased Propertyother hazardous or toxic materials, releasewastes and substances which are defined, treat determined or dispose identified as such (including petroleum products if they are defined, determined or identified as such) in any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) or any judicial or administrative orders or judgments, except for such materials, wastes or substances as are customarily used in connection with Subtenant's use of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business Subleased Premises in accordance with applicable laws and regulations. Tenant covenants that it will at all times complythis Sublease, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification Subtenant agrees that such remediation has been completed satisfactorily materials, wastes and in accordance with the O&M Plan. (b) To the extent required by Environmental Lawssubstances will only be used, Tenant shall respond to any release ofstored, transported and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out disposed of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsenvironmental laws. Subtenant agrees that it will maintain Material Safety Data Sheets for the Subleased Premises in accordance with applicable law and will furnish copies thereof to Sub-landlord, Landlord (or to any lender to Landlord) upon reasonable request therefor from time to time. Subtenant shall indemnify, defend and hold harmless Sub-landlord and its lenders from and against any loss, cost, damage, liability, expense, suit, action or order arising in connection with any breach by Subtenant of any of the covenants and agreements set forth in the preceding sentence. Sub-landlord represents and warrants that, to its actual knowledge, without duty to investigate: (i) Sub-landlord has conducted its operations at the Subleased Premises so as not to suffer, permit, use, introduce or maintain in, on, under or about any portion of the Subleased Premises, any asbestos, polychlorinated biphenyl's, or any other hazardous or toxic materials, wastes and substances which are defined, determined or identified as such (including petroleum products if they are defined, determined or identified as such) in any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) or any judicial or administrative orders or judgments, except for such materials, wastes or substances as were and are customarily used in connection with Sub-landlord's use of the Subleased Premises in accordance with the Master Lease; and (ii) Such materials, wastes and substances have only been (and prior to the commencement of this Sublease will only be) used, stored, transported and disposed of in compliance with all applicable environment laws. (a) Subtenant's Inspections and Acceptance. Subtenant shall perform and shall solely rely upon its own inspections of the Subleased Premises and shall fully satisfy itself as to the condition of the Subleased Premises and all parts thereof prior to

Hazardous Substances. (a) Tenant agrees that it will The Mortgagor shall not oncause or permit the presence, aboutuse, disposal, storage, or under any Leased Property, release, treat or dispose release of any Hazardous Materials; but Substances (hereinafter defined) on or in the foregoing Premises. The Mortgagor shall not prevent do, nor allow anyone else to do, anything affecting the usePremises that is in violation of any Environmental Law (hereinafter defined). The Mortgagor shall promptly give the Mortgagee written notice of any investigation, storage claim, demand, lawsuit or existence other action by any governmental or regulatory agency or private party involving the Premises and any Hazardous Substance or Environmental Law of which the Mortgagor has actual knowledge. If the Mortgagor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Materials in Substance affecting the ordinary course of Tenant’s business Premises is necessary, the Mortgagor shall promptly take all necessary remedial actions in accordance with applicable laws and regulationsEnvironmental Law at the Mortgagor's expense. Tenant covenants that it will at all times complyAs used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law, and will cause each Leased Property the following substances: (I) gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides and volatile solvents (other than such small quantities thereof as are generally recognized as being appropriate to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”normal use and to maintenance of the Premises), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable materials containing asbestos or formaldehyde, and if any Asbestos does become friableradioactive materials. As used in this paragraph, Tenant shall a▇▇▇▇ said Asbestos "Environmental Law" means federal laws and dispose laws of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofjurisdiction where the Premises are located that relate to health, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) safety or environmental protection. To the maximum extent required permitted by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring duringapplicable law, the Term on any Leased Property Mortgagor shall indemnify the Mortgagee and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition tohe Mortgagee's successors, and without limiting Paragraph 10assigns, of this Leasemembers, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assignsmanagers, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from affiliates and agents (collectively, the "Indemnitees") against any and all causes of actions, suits, demands or judgments of any nature whatsoeverliabilities, losses, damagesdamages or expenses suffered or incurred by Indemnitees as the result of the Mortgagor's failure to observe or perform any of the provisions of this paragraph, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs as a result of litigation, arising out the failure of Mortgagor or in any manner connected other person to comply with (i) the violation of any Environmental Law with respect to any Leased Property affecting the Premises or any prior ownership as a result of the presence, storage, disposal or treatment on the Premises of any Leased Property; (ii) Hazardous Substance. The indemnification obligations of the Release Mortgagor under this paragraph shall survive payment or threatened Release satisfaction of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release the Secured Indebtedness and any Release acquisition of the Premises by the Mortgagee by foreclosure of this Mortgage, by conveyance in lieu of foreclosure or threatened release during otherwise, and such provisions shall remain in full force and effect as long as the Initial Term possibility exists that Indemnitees may suffer or incur any Renewal Termsuch liabilities, whether losses, damages or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termexpenses. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Lessee agrees to comply, at Lessee's expense, with all laws and regulations (aFederal, State and Local) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, relating to Lessee's storage or existence use of any Hazardous Materials hazardous substances, materials, waste and toxic substances (as such are described, defined and identified in the ordinary course laws and regulations regarding such substances now or in force during any portion of Tenant’s business the Lease Term). "Compliance" includes obtaining and maintaining all required permits from the appropriate authorities. Upon termination of this Lease, Lessee agrees, at Lessee's expense, to remove and, if necessary, transport all such material from the Premises, conforming in accordance with such removal to the requirements of the applicable laws and regulations. Tenant covenants that it will at all times complyLessee shall not take any remedial action (including consent decrees, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos settlement agreements or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (icompromises) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with without giving reasonable written notice when such remediation is completed to Lessor to afford Lessor the opportunity to protect Lessor's interest. Lessee shall give Lessor prompt written notice of any enforcement activity (threatened or otherwise) by and expert certification that such remediation has been completed satisfactorily enforcement agency; any claim for damages made against Lessee and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond any report to any release of, and shall remove any Hazardous Materials, whether existing prior to, environmental agency regarding Lessee's activities or occurring during, the Term on any Leased Property and whether or not arising out use of or in any manner connected with Tenant’s occupancy of such Leased Property during the Termthese substances. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, Lessee will indemnify and hold each Lenderdefend (by counsel reasonably acceptable to Lessor) Lessor, the Trustee Lessor's partners, employees, agents, attorneys' and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, to hold them free and harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, claims for damages, penaltiespenalties and forfeitures for Lessee's violation, expensesor alleged, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property such law or any prior ownership regulation. Indemnification shall include the cost of any Leased Property; required or necessary repair, cleanup, removal, detoxification or decontamination of the Premises to completion. The acts of omissions of Lessee's agent, employees, assignees, contractors or subcontractors (ii) the Release of Lessee or threatened Release others), whether negligent, intentional or unlawful, shall be strictly attributable to Lessee. The provisions of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on shall survive the expiration or termination of this Lease. Lessor shall have the right to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during require Lessee to provide reasonable security for the Initial Term or any Renewal Term, whether or not arising out performance of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLessee's obligations under this Paragraph. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Borrower warrants, represents and agrees as follows: (a) Tenant agrees that it will not onBorrower has had performed reasonable investigations, aboutstudies and tests as to any environmental contamination, liabilities or under any Leased Propertyproblems with respect to the Collateral, releaseincluding without limitation, treat the storage, disposal, presence, discharge or dispose release of any Hazardous Materials; but Substances at or with respect to the foregoing Collateral, copies of which have been provided to the Agent prior to the date hereof, and, except as otherwise set forth in the Mortgages, such investigations, studies, and tests have disclosed no Hazardous Substances or possible violations of any Environmental Laws. (b) No personal or real property owned by Borrower or any of its Subsidiaries is subject to any private or governmental Lien, or to the best of Borrower's knowledge judicial or administrative notice or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to such property or the direct or indirect violation of any Environmental Laws, in each case which could have a material adverse effect on the business, properties, financial position, results of operations or prospects of Borrower, CBL Properties, Inc. and their respective Subsidiaries other than a material adverse effect which Borrower has fully disclosed to the Agent unless the Agent notifies Borrower that Agent has determined that such material adverse effect is likely to result in a future Default or Event of Default under any covenant set forth in Section 8 hereof; (c) Except as disclosed in the Mortgages, no Hazardous Substances are located on or have been stored, processed or disposed of on or released or discharged from (including ground water contamination) the Collateral and no above or underground storage tanks exist on the Collateral. Borrower shall not prevent the useallow, storage or existence of and shall not permit its Subsidiaries to allow, any Hazardous Materials Substances to be stored, located, discharged, possessed, managed, processed or otherwise handled on any of their properties or the Collateral other than small quantities which are utilized in the ordinary course of Tenant’s business of such properties, and which are used and disposed of in accordance with applicable laws a lawful manner, and regulations. Tenant covenants that it will at all times shall comply, and will cause each Leased Property said Subsidiaries to be in compliance withcomply, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if affecting such properties or the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanCollateral. (bd) To the extent required by Environmental Laws, Tenant Borrower shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out immediately notify Agent should Borrower become aware of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the existence of any Hazardous Substance in, on or beneath any of its properties or the properties of its Subsidiaries in violation of any Environmental Law, or any other violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; such properties, (ii) the Release any "release" or threatened Release "release" (as defined in CERCLA and rules and regulations promulgated thereunder) of any Hazardous Substances on or failure from the Collateral or any other real property owned by Borrower or any of its Subsidiaries, or (iii) any Lien, action, or notice of the nature described in subparagraph (b) above, in each case which could have a material adverse effect on the business, properties, financial position, results of operations or prospects of Borrower, CBL Properties, Inc. and their respective Subsidiaries other than a material adverse effect which Borrower has fully disclosed to remove the Agent unless the Agent notifies Borrower that Agent has determined that such material adverse effect is likely to result in a future Default or otherwise remediateEvent of Default under any covenant set forth in Section 8 hereof. Upon the occurrence of any such event, Borrower shall, and shall cause its Subsidiaries, at its or such Subsidiary's own cost and expense, take all actions as shall be necessary or advisable for the clean-up of any such property including all removal, containment and remedial actions to the extent required by this Paragraph 26applicable Environmental Laws, Hazardous Materials fromand shall further pay or cause to be paid at no expense to Agent and other Lenders all clean-up, on administrative, and enforcement costs of applicable government agencies asserted against such property or the owner thereof. All costs, including, without limitation, those costs set forth above, damages, liabilities, losses, claims, expenses (including reasonable attorneys' fees actually incurred and disbursements) which are incurred by Agent (except to the extent resulting from the gross negligence or willful misconduct of Agent), without requirement of waiting for the ultimate outcome of any Leased Property other proceeding, shall be paid by Borrower to Agent as incurred within ten (10) days after notice from Agent itemizing the amounts incurred to the date of such notice. (e) Upon reasonable prior notice to Borrower, and subject to the rights of tenants, Agent or any portion its representatives may from time to time (whether before or portions thereofafter the commencement of a nonjudicial or judicial proceeding) enter and inspect Collateral for the purpose of determining the existence, including location, nature and magnitude of any past or current Release and any Release present release or threatened release during of any Hazardous Substance into, onto, beneath or from such properties. Except in cases of emergency, any such inspection shall be conducted in a manner which does not unreasonably interfere with the Initial Term or operation of the Collateral. All warranties and representations contained in this Section 5.7 shall be deemed to be continuing and shall remain true and correct in all material respects until the Indebtedness has been paid in full and any Renewal Term, whether or not arising out of limitations period expires. Notwithstanding anything to the contrary contained herein or in any manner connected with Tenant’s occupancy of the other Loan Documents, Borrower's agreements and Borrower's indemnification of Lenders contained in this Section 5.7 shall survive the exercise of any Leased Property during remedy by Agent under any of the Initial Term Collateral Documents, including foreclosure (or any extension deed in lieu thereof), even if, as a part of such foreclosure or Renewal Termdeed in lieu of foreclosure, the Indebtedness is satisfied in full, but only with respect to liability or costs arising as a result of events occurring prior to the date upon which Borrower and its Subsidiaries, are divested of title to the Collateral whether voluntarily, involuntarily or by operation of law. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. If, at any time during the Extended Term, the common areas of the Building or the Leased Premises shall be found to contain asbestos, or asbestos-containing materials, or other hazardous materials or hazardous substances in violation of applicable federal, state or local laws, Lessor shall remove or cause the removal of (aor otherwise treat or ▇▇▇▇▇ in accordance with all applicable laws) Tenant agrees that it such asbestos, or asbestos-containing materials, hazardous HomeStreet Bank / USLLC Twenty-First Amendment to Lease materials or hazardous substances in accordance with the requirements of such laws, and Lessor shall indemnify and defend Lessee, its successors, assigns, agents, officers, employees and contractors from the existence, removal, and/or abatement thereof. Lessor has received no notice from any state or federal agency concerning the presence of asbestos, asbestos-containing materials, hazardous materials or toxic waste in violation of applicable laws. In the event Lessor receives any such notice during the Lease Term or any extension or renewal thereof, Lessor shall promptly provide Lessee with a copy of such notice. The foregoing obligations of Lessor shall not apply with respect to any asbestos, asbestos-containing materials, hazardous materials or hazardous substances placed in the Leased Premises or elsewhere in the Building by Lessee or its agents, employees, or contractors. Lessee shall not cause the Leased Premises or other portions of the Building to contain asbestos, asbestos-containing materials, hazardous materials, or hazardous substances in violation of such laws and Lessee shall remove or cause the removal or abatement of any such asbestos, asbestos-containing materials, hazardous materials or hazardous substances placed upon the Leased Premises by Lessee or its agents, employees, or contractors in accordance with the requirements of such laws. Hazardous substance or materials will not on, about, include cleaning solutions or under any Leased Property, release, treat other chemicals or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials materials used in the ordinary course of TenantLessee’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Planbusiness. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Except for any ordinary and general office supplies, such as copier toner, liquid paper, glue, ink and common household cleaning materials (some or all of which may constitute “Hazardous Materials” as defined in this Lease), Tenant agrees that it will not to cause or permit any Hazardous Materials to be brought upon, stored, used, handled, generated, released or disposed of on, aboutin, under or about the Demised Premises, the Land, the Buildings, the Common Areas or any other portion of the Project by Tenant, its agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, “Tenant’s Parties”), without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. In the event of any release of Hazardous Materials caused or permitted by Tenant or any of Tenant’s Parties, Landlord shall have the right, but not the obligation, to cause Tenant to immediately take all steps Landlord deems necessary or appropriate to remediate such release and prevent any similar future release to the satisfaction of Landlord and Landlord’s mortgagee(s). Subject to Section 4.3(e), Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations (“Hazardous Materials Laws”) relating to the industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, presence, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any “hazardous substances,” “hazardous wastes,” “hazardous materials” or toxic substances” under any Leased Propertysuch laws, releaseordinances or regulations (collectively, treat or dispose “Hazardous Materials”) at the Demised Premises. (b) Subject to Section 4.3(e), Tenant shall at its own expense procure (other than a certificate of occupancy), maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant’s use of the Demised Premises for any permitted uses other than general office purposes, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Tenant shall in all respects handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Demised Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials; but . Upon expiration or earlier termination of this Lease and subject to Section 4.3(e), Tenant shall cause all Hazardous Materials (as defined in 22 CCR 66261.3) caused or permitted by Tenant or any of the foregoing shall not prevent Tenant Parties to be removed from the Demised Premises and transported for use, storage or existence disposal in accordance with and in complete compliance with all applicable Hazardous Materials Laws. Tenant shall not take any remedial action in response to the presence of any Hazardous Materials in, on, about or under the Demised Premises or in any Improvements situated on the Land other than in the ordinary normal course of Tenant’s business operations as now contemplated in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos Hazardous Materials Laws or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill necessitated by emergency considerations in accordance with law as soon as practicable following the discovery thereofall applicable Hazardous Materials Laws, (iii) comply with all Environmental Laws related nor enter into any settlement agreement, consent decree or other compromise in respect to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and claims relating to any Hazardous Materials in accordance any way connected with the O&M Plan. (b) To Demised Premises or the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, Improvements on the Term on any Leased Property and whether or not arising out Land without first notifying Landlord of or in any manner connected with Tenant’s occupancy of such Leased Property during the Termintention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord’s interest with respect thereto. In addition toaddition, and without limiting Paragraph 10at Landlord’s request, at the expiration of the term of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Demised Premises by Tenant or any of the Tenant Parties during the term of this Lease and hereby does agree which contain, have contained or are contaminated with Hazardous Materials. (c) Tenant shall immediately notify Landlord in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to defendany Hazardous Materials Laws of which Tenant has actual knowledge; (ii) any claim of which Tenant has actual knowledge made or threatened by any person against Landlord or the Demised Premises relating to damage, indemnify contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any non-routine reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Demised Premises or with respect to any Hazardous Materials removed from the Demised Premises, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations from any governmental agency of any Hazardous Materials Laws relating in any way to the Demised Premises or Tenant’s use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Laws), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests, if any, reflecting the legal and proper disposal of all such Hazardous Materials caused or permitted by Tenant or the Tenant Parties removed from the Demised Premises. Subject to Section 4.3(e), all such manifests, if any, relating to Hazardous Materials caused or permitted by Tenant or any of the Tenant Parties shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials caused or permitted by Tenant or the Tenant Parties to Landlord. (d) Subject to Section 4.3(e), Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold Landlord and each Lender, the Trustee and of Landlord, their respective successors and assigns, ’s officers, directors, shareholders, partners, membersshareholders, affiliates, beneficiaries and employees, agents, attorneys, successors and assigns free and harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesliabilities, damages, costs, penalties, expensesforfeitures, fees, claims, costs losses or expenses (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of fees) for death or in any manner connected with (i) the violation of any Environmental Law with respect injury to any Leased Property person or damage to any prior ownership property whatsoever (including water tables and atmosphere) to the extent arising or resulting from the presence or discharge of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials fromin, on on, under, upon or from the Demised Premises or the Improvements located thereon or from the transportation or disposal of Hazardous Materials to any Leased Property or any portion from the Demised Premises to the extent such Hazardous Materials are present as the result of acts of Tenant, its officers, agents or portions thereofemployees, including any past contractors or current Release and any Release or threatened release during the Initial Term or any Renewal Term, subcontractors (whether or not arising out they are negligent, intentional, willful or unlawful). Subject to Section 4.3(e), Tenant’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or in any manner connected with Tenant’s occupancy early termination of any Leased Property during the Initial Term or any extension or Renewal Termterm of this Lease. (ce) Landlord represents and warrants that as of the date of this Lease there are, and as of the Commencement Date there will be, no Hazardous Materials present on the Demised Premises other than an as required for the normal operation of the Demised Premises and in accordance with all Hazardous Materials Laws. Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant), protect and hold Tenant and each of Tenant’s officers, directors, partners, shareholders, affiliates, employees, agents, attorneys, successors and assigns free and harmless from and against any and all claims, liabilities, damages, costs, penalties, forfeitures, losses or expenses (including attorneys’ fees) for death or injury to any person or damage to any property whatsoever (including water tables and atmosphere) arising or resulting in whole or in part, directly or indirectly, from the presence of Hazardous Materials in, on, under, upon or from the Demised Premises or the Project unless such Hazardous Materials are present as the result of the acts of Tenant, its officers, employees or agents. For purposes of the indemnity provided herein, any act or omission of Landlord or its agents, employees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Landlord. Landlord’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Project, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or early termination of the term of this Lease. (f) The obligations of Landlord and Tenant agrees that it will not install any underground under this Section 4.3 shall survive the expiration or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsearlier termination of this Lease.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide Violate any Environmental Law if such violation could reasonably be expected to have a copy of the O&M Plan to Landlord and, upon request of Landlord Material Adverse Effect; or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent permit any Asbestos from becoming friable Hazardous Substances to be brought onto any of any property owned, leased or operated by the Borrower or any of its Subsidiaries (unless such Hazardous Substance is necessary for the conduct of such Person's business as it exists on the Closing Date or any new business permitted under SECTION 7.16 hereunder) where such presence could reasonably be expected to have a Material Adverse Effect. If any Hazardous Substance is brought or found thereon or therein, except as may be permitted above, Borrower shall perform, or caused to be performed, all required environmental response, removal, corrective and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at remedial actions in a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily diligent manner and in accordance with the O&M Plan. (b) To the extent required by all Environmental Laws. The Borrower shall promptly, Tenant shall respond after any officer of the Borrower obtains knowledge of the occurrence thereof, give written notice to the Agent of receipt of any written notice of violation or noncompliance, order or request for information from any Governmental Authority with respect to any release ofEnvironmental Law, and shall remove promptly remedy any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation breach of any Environmental Law with respect to any Leased Property by Borrower or any prior ownership of its Subsidiaries. The Agent shall, upon reasonable notice to the Borrower if no Event of Default has then occurred and is continuing, have the right to enter upon any Leased Property; (ii) the Release property owned, leased or threatened Release of or failure to remove or otherwise remediate, as required operated by this Paragraph 26, Hazardous Materials from, on or to any Leased Property Borrower or any portion or portions thereofof its Subsidiaries, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Termpart thereof (through its employees and/or agents), whether or not arising out to verify compliance by Borrower and its Subsidiaries with the terms of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termthis SECTION 7.14 and to conduct such environmental assessments and audits as Agent shall deem advisable to facilitate such verification; provided, however, BORROWER HEREBY ACKNOWLEDGES THAT ALL HAZARDOUS MATERIAL HANDLING PRACTICES AND ENVIRONMENTAL PRACTICES AND PROCEDURES ARE THE SOLE RESPONSIBILITY OF THE BORROWER, AND THE BORROWER HAS FULL DECISIONMAKING POWER WITH RESPECT THERETO TO THE EXTENT CONSISTENT WITH THIS AGREEMENT. BORROWER FURTHER ACKNOWLEDGES THAT NEITHER THE AGENT NOR ANY LENDER IS AN ENVIRONMENTAL CONSULTANT, ENGINEER, INVESTIGATOR OR INSPECTOR OF ANY TYPE WHATSOEVER. IN NO EVENT SHALL ANY INFORMATION OBTAINED FROM THE AGENT OR ANY LENDER OR THEIR RESPECTIVE AGENTS PURSUANT TO THIS AGREEMENT OR ANY LOAN DOCUMENT CONCERNING THE ENVIRONMENTAL CONDITION OF ANY PROPERTY OF THE BORROWER OR ANY SUBSIDIARY BE CONSIDERED BY THE BORROWER OR ANY SUBSIDIARY (OR ANY OTHER RECIPIENT OF SAID INFORMATION) AS CONSTITUTING LEGAL OR ENVIRONMENTAL CONSULTING, ENGINEERING, INVESTIGATING OR INSPECTING ADVICE, AND NEITHER THE BORROWER NOR ANY OF ITS SUBSIDIARIES (NOR ANY OTHER RECIPIENT OF SAID INFORMATION) SHALL RELY ON SAID INFORMATION. THE RESPONSIBILITY FOR COMPLIANCE WITH ENVIRONMENTAL LAWS RESTS SOLELY WITH THE BORROWER AND ITS SUBSIDIARIES. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Although Tenant has reviewed the Phase I Environmental Site Assessment dated February 27, 2007 (athe “Entrance Assessment”) with respect to the Premises (and Landlord makes no representation or warranty regarding such report; provided, however, that Landlord has no actual knowledge that anything contained in the Entrance Assessment is materially incorrect), Landlord shall indemnify Tenant agrees for losses incurred by Tenant resulting from the contamination of the Premises of Hazardous Materials to the extent Tenant establishes that it will not the contamination existed on the Premises before the Commencement Date. Additionally, Landlord is fully responsible for causing the remediation (including Landlord’s investigatory and legal costs) of all Hazardous Materials released on, aboutfrom or onto the Project in violation of applicable Law, (except for Hazardous Materials arising out of the Premises after the date of Tenant’s initial occupancy thereof, unless within Landlord’s Retained Liability) and except for Hazardous Materials introduced to the Project by, or under released by, Tenant or any Leased PropertyTenant Invitee. Neither Tenant nor any of Tenant’s Invitees may use, releasemanufacture, treat store, or dispose of any pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or other materials regulated by any applicable Law (“Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of anywhere within or around the O&M Plan to Landlord andPremises or the Project, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and except in accordance with the O&M Plan. Operations Plan and all Laws, and only if all claims, liabilities and damages arising from such Hazardous Materials are either adequately covered (band the Hazardous Materials permitted) To by Landlord’s insurance or covered (and the extent Hazardous Materials permitted) by supplemental insurance or endorsements appropriate to such use reasonably acceptable to Landlord. If the Premises are contaminated (or, due to the acts or omissions of Tenant or Tenant’s Invitees, any other portion of the Project is contaminated) by any Hazardous Material during the Term (except for contamination for which Landlord is responsible for remediating as described above in this paragraph), then Tenant shall promptly notify Landlord in writing of such contamination and immediately cause such investigation, clean-up, and remediation work to be performed as required by Environmental LawsLandlord to Landlord’s satisfaction and at Tenant’s sole cost, and return the Premises (and the Project) to the condition they would have been if not for the introduction and remediation of the Hazardous Materials. If Tenant does not promptly commence and diligently pursue such investigation, clean-up, and remediation work, then Landlord may perform or cause to be performed such remediation and Tenant shall respond to any release ofimmediately, upon demand, pay the cost thereof, plus a supervisory fee in the amount of 10% of the cost. Tenant’s obligations and liability under this paragraph shall remove any Hazardous Materials, whether existing prior to, or occurring during, survive the termination of Tenant’s tenancy and the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, except that nothing contained in this paragraph shall be deemed to impose liability on Tenant for any problem arising after the Term of this Lease provided neither Tenant nor Tenant’s Invitees contributed to such problem during the Term of the Lease. If at any time during or after the Term, it is found that Tenant contaminated or subjected the Premises to Hazardous Substances (or that contamination occurred on or from the Premises during the Term other than contamination for which Landlord is responsible as described above), Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Landlord harmless from and against any and all causes of claims, demands, actions, suitsliabilities, demands or judgments costs, expenses, damages and obligations of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs arising from or as a result of litigation, arising out of such contamination or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermSubstance. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations (a"HAZARDOUS MATERIALS LAWS") Tenant agrees that it will not onrelating to the industrial hygiene, about, environmental protection or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage analysis, generation, manufacture, storage, presence, disposal or existence transportation of any oil, petroleum products, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances", "hazardous wastes", "hazardous materials" or "toxic substances" under any such laws, ordinances or regulations (collectively, "HAZARDOUS MATERIALS"). Tenant shall at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant's use of the Premises, including without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Premises. Tenant shall in all respects, handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Tenant may utilize such Hazardous Materials as are used by Tenant in the ordinary course of Tenant’s its business in accordance so long as Tenant complies with applicable laws and regulationsthe requirement hereof. Upon written notice from Landlord requesting the identity of such substances or materials, Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects provide Landlord with each applicable Environmental Lawa list of same. If asbestos any lender or asbestos-containing materials governmental agency shall ever require testing to ascertain whether or not there has been any release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges if such requirement applies to the Premises and if the results of such testing confirm that Hazardous Materials are present on the Premises in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy violation of the O&M Plan to Landlord and, upon request provisions hereof and that Tenant has caused such release of Landlord or Lender, promptly provide periodic updates as to Hazardous Materials at the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friablePremises. In addition, Tenant shall a▇▇▇▇ said Asbestos certify on a reasonable basis from time to time at Landlord's request concerning Tenant's best knowledge and dispose belief, without the necessity of it at a properly licensed landfill in accordance with law as soon as practicable following inquiry, regarding the discovery thereof, (iii) comply with all Environmental Laws related presence of Hazardous Materials brought by Tenant on to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Premises. Tenant shall respond to indemnify Landlord in the manner elsewhere provided in this Lease from any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with violation by Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Lessee’s obligations and responsibilities with respect to Hazardous Substances (aas defined below) Tenant shall be as follows: a. Lessee hereby covenants and agrees to use and operate, and shall ensure that it will not onall Lessee Parties, aboutuse and operate, or under the Premises in compliance with any Leased Propertyand all Environmental Laws (as defined below), releaseand shall be solely responsible for securing all environmental and other permits and approvals required for Lessee’s use and operation of the Premises. b. Except for pesticides, treat or dispose herbicides and other chemicals of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials a nature and in quantities customarily used in similar agricultural operations and in the ordinary course of TenantLessee’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complyupon the Premises, and will Lessee shall not cause each Leased Property or permit any Hazardous Substance to be in compliance withbrought upon, kept, used, stored, generated or disposed of on, in or about the Premises by Lessee, its agents, representatives, employees, contractors or invitees. ▇▇▇▇▇▇ agrees to keep complete and accurate records of all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials pesticides, herbicides and other agricultural chemicals applied on the Premises, the application rates and fields where the pesticides, herbicides and other agricultural chemicals are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord applied and, upon request by Lessor, shall provide Lessor copies of Landlord all such records. c. Lessee shall remove any and all Hazardous Substances and containers therefor on the Premises before the expiration or Lendertermination of this Lease. Lessee shall at its own expense take any and all necessary or desirable preventative, promptly provide periodic updates corrective or remedial action regarding any Hazardous Substance in any way affecting the Premises if, as and when any such preventative, corrective or other remedial action is required under any Environmental Law and, whether or not so required, shall perform any containment, removal or remediation of any kind involving any Hazardous Substance in any way affecting the Premises in compliance with all Environmental Laws. Lessee shall also take any and all actions necessary or desirable to return the Premises to the progress condition existing prior to the presence of any such Hazardous Substance on the Premises. d. Any Hazardous Substance permitted on the Premises as provided in this Section 21 and satisfaction all containers therefor shall be used, kept, stored, handled, managed, generated and disposed of such O&M Planin compliance with Environmental Laws. Lessee shall follow all label restrictions and instructions in the use of all fertilizers, pesticides, herbicides and other chemicals permitted on the Premises as provided in this Section 21. Lessee hereby agrees that it shall be fully liable for all obligations, liabilities, costs and expenses related to the presence, use, storage, handling, management, generation, treatment and disposal of all Hazardous Substances on, at under or from the Premises by Lessee or any Lessee Party, and Lessee shall give immediate notice to Lessor of any violation of or noncompliance with the provisions of this Section 21. e. WITHOUT LIMITING THE FORGOING COVENANTS AND RESTRICTIONS, LESSEE SHALL REIMBURSE LESSOR PARTIES FOR, AND SHALL RELEASE, INDEMNIFY, DEFEND UPON REQUEST, AND HOLD HARMLESS LESSOR PARTIES FROM AND AGAINST, ALL CLAIMS (AS DEFINED HEREIN) SUFFERED BY OR CLAIMED AGAINST LESSOR PARTIES, DIRECTLY OR INDIRECTLY, BASED ON OR ARISING OUT OF, IN WHOLE OR IN PART: (A) CONTAMINATION OF OR FROM THE PREMISES OR THE GROUNDWATER THEREOF, (iiB) prevent ANY DISCHARGE OF TOXIC OR HAZARDOUS SUBSTANCES INTO ANY SEPTIC FACILITY OR SEWER SYSTEM, (C) ANY VIOLATION OR LIABILITY OF OR UNDER ENVIRONMENTAL LAWS, AND (D) THE RELEASE OR EXISTENCE OF HAZARDOUS SUBSTANCES ON, IN OR ABOUT THE PREMISES (IRRESPECTIVE OF WHETHER THERE HAS OCCURRED A VIOLATION OF APPLICABLE ENVIRONMENTAL LAW RELATING TO THE PREMISES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OF VALUE TO THE PREMISES IN CONNECTION THEREWITH, IN EACH CASE OCCURRING, DIRECTLY OR INDIRECTLY, AS A RESULT OF LESSEE’S OR ANY OTHER LESSEE PARTIES’ ACTIVITIES ON THE PREMISES AND USE OF THE PREMISES. Lessor Parties need not have first paid any Asbestos from becoming friable such claim to be so indemnified and if any Asbestos does become friable, Tenant shall aheld harmless by ▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof▇▇▇. Lessee, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with upon written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Lawsfrom Lessor Parties, Tenant shall respond defend any claim against Lessor Parties at ▇▇▇▇▇▇’s sole expense, using legal counsel satisfactory to any release ofLessor Parties, and Lessor Parties shall remove any Hazardous Materials, whether existing prior to, cooperate with Lessee in such defense. Lessee’s indemnity obligations under this Section 21 shall survive the expiration or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, termination of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes without limitation of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termtime. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy A. As of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, date of this Lease, Landlord represents to Tenant that, to the best of Landlord's knowledge, there are no Hazardous Substances in, under or upon the Premises as of the date hereof. In the event any Hazardous Substances are discovered in, under or upon the Premises and are not introduced into the Premises by Tenant, Tenant shall so notify Landlord and hereby does agree request that Landlord remediate the Premises. If the Landlord elects to defendso remediate, indemnify Landlord shall so notify Tenant within thirty (30) days after such notice from Tenant, whereupon Landlord shall promptly remediate the Premises pursuant to all applicable laws and hold each LenderTenant shall receive a proportionate abatement of rent until the Premises are completely restored and Tenant has received reasonable evidence that the remediation is complete. In the event Landlord fails to promptly remediate such Hazardous Substances or fails to diligently prosecute such remediation or in the event more than thirty-five percent (35%) of Tenant's business operation (in Tenant's reasonable opinion) is adversely affected as a result of such Hazardous Substances (or the remediation thereof), Tenant shall have the Trustee right to terminate this Lease upon fifteen (15) days' written notice to Landlord. "Hazardous Materials" shall mean and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against include any and all causes of actionssubstances, suitschemicals, demands wasters, sewage, or judgments of other materials that are now or hereafter regulated, controlled, or prohibited by any nature whatsoeverlocal, lossesstate or federal law or regulation, damagesrequiring removal, penaltieswarning, expensesor restrictions on the use, feesgeneration, claims, costs (including response and remedial costs), and liabilities, disposal or transportation thereof including, but not limited towithout limitation, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) any substance defined as a "hazardous substance", "Hazardous material", "hazardous waste", "toxic substance", or "air pollutant" in the violation of any Comprehensive Environmental Law with respect to any Leased Property Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. Section 9501, set seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, set seq., the Resource Conservation and Recovery Act, ("RCRA"), 42 U.S.C. Section 6901, set seq., the Federal Water Pollution Control Act, 33 U.S.C. Section 1251, set seq., or any prior ownership of any Leased Property; the Clear Air Act, 42 U.S.C. Section 7401, set seq., all as amended and amended hereafter, and (ii) the Release any hazardous substances, hazardous wastes, toxic substances, toxic wastes, hazardous material, wastes, chemical, or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or compound described in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term other federal, state or any extension local stature, ordinance, code, rule, regulation or Renewal Term. (c) The Tenant agrees that it will not install any underground other laws now or above-ground storage tank at any Leased Property without specifictime hereafter in effect regulating, prior written approval from the Landlord. The Tenant agrees that it will not store combustible relating to or flammable materials on imposing liability or standards or conduct concerning any Leased Property except in compliance with all applicable Environmental Lawshazardous, toxic, or dangerous substance, chemical, material, compound or waste.

Hazardous Substances. (a) Subject to Section 4.3(f), Tenant agrees that it will not onshall at all times and in all respects comply with all federal, aboutstate and local laws, ordinances and regulations ("Hazardous Materials Laws") relating to the industrial hygiene, environmental protection or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage analysis, generation, manufacture, storage, presence, disposal or existence transportation of any oil, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes," "hazardous materials" or toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials in Materials") at the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanDemised Premises. (b) To the extent required by Environmental LawsSubject to Section 4.3(f), Tenant shall respond at its own expense procure (other than a certificate of occupancy), maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant's use of the Demised Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Tenant shall in all respects handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Demised Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Subject to Section 4.3(f), all reporting obligations imposed by Hazardous Materials Laws are solely the responsibility of Tenant. Upon expiration or earlier termination of this Lease and subject to Section 4.3(f), Tenant shall cause all Hazardous Waste Materials (as defined in 22 CCR 66261.3) to be removed from the Demised Premises and transported for use, storage or disposal in accordance with and in complete compliance with all applicable Hazardous Materials Laws. Tenant shall not take any release of, and shall remove remedial action in response to the presence of any Hazardous MaterialsMaterials in, whether existing prior toon, about or occurring during, under the Term on any Leased Property and whether or not arising out of Demised Premises or in any manner Improvements situated on the Land other than in the normal course of Tenant's business operations as now contemplated in accordance with all Hazardous Materials Laws or as necessitated by emergency considerations in accordance with all applicable Hazardous Materials Laws, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Demised Premises or the Improvements on the Land without first notifying Landlord of Tenant’s occupancy of such Leased Property during the Term's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. In addition toaddition, and without limiting Paragraph 10at Landlord's request, at the expiration of the term of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Demised Premises during the term of this Lease and hereby does agree which contain, have contained or are contaminated with Hazardous Waste Materials. (c) Tenant shall immediately notify Landlord in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to defendany Hazardous Materials Laws; (ii) any claim made or threatened by any person against Landlord or the Demised Premises relating to damage, indemnify contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any non-routine reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Demised Premises or with respect to any Hazardous Materials removed from the Demised Premises, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations from any governmental agency of any Hazardous Materials Laws relating in any way to the Demised Premises or Tenant's use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Laws), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests reflecting the legal and proper disposal of all such Hazardous Materials removed from the Demised Premises. Subject to Section 4.3(f), all such manifests shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord. (d) Subject to Section 4.3(f), Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold Landlord and each Lender, the Trustee and of Landlord, their respective successors and assigns, 's officers, directors, shareholders, partners, membersshareholders, affiliates, beneficiaries and employees, agents, attorneys, successors and assigns free and harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesliabilities, damages, costs, penalties, expensesforfeitures, fees, claims, costs losses or expenses (including response attorneys' fees) for death or injury to any person or damage to any property whatsoever (including water tables and remedial costsatmosphere) to the extent arising or resulting in whole or in part, directly or indirectly, from the presence or discharge of Hazardous Materials in, on, under, upon or from the Demised Premises or the Improvements located thereon or from the transportation or disposal of Hazardous Materials to or from the Demised Premises to the extent brought onto the Demised Premises by Tenant whether knowingly or unknowingly, the standard herein being one of strict liability. For purposes of the indemnity provided herein, any act or omission of Tenant or its agents, employees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. Subject to Section 4.3(f), Tenant's obligations hereunder shall include, without limitation, and liabilitieswhether foreseeable or unforeseeable, including, but not limited to, reasonable attorneys’ fees and all costs of litigationany required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or early termination of the term of this Lease. For purposes of the indemnity provided herein, any acts or omissions of Tenant or its employees, agents, customers, sublessees, assignees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. (e) Landlord may, at its expense, commission an environmental audit of the Demised Premises at any time after prior written notice thereof to Tenant; provided that such environmental audit does not unreasonably interfere with Tenant's use of the Demised Premises, or any portion thereof, and provided further that Landlord indemnifies, defends and holds harmless Tenant and its officers, agents, employees and customers from and against any loss, liabilities or damages to Tenant's machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from an injury to the property of Tenant, or its officers, agents, employees or customers, and any death or personal injury to any person or persons to the extent arising out of such environmental audit except for liability, loss or damage caused by Tenant's gross negligence or willful misconduct. However, should Tenant breach any of its obligations set forth in this Section 4.3 in a manner that may expose Landlord to liability, and Landlord provides written notice to Tenant of the reasonable basis upon which it believes it has been exposed to liability, then Landlord shall have the right to require Tenant to undertake and submit to Landlord an environmental audit from an environmental company reasonably acceptable to Landlord, which audit shall evidence Tenant's compliance with this Section 4.3. (f) Landlord represents and warrants that as of the date of this Lease there are, and as of the Commencement Date there will be, no Hazardous Materials located on the Demised Premises, other than an as required for the normal operation of the Demised Premises and in accordance with all Hazardous Materials Laws. Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant), protect and hold Tenant and each of Tenant's officers, directors, partners, shareholders, affiliates, employees, agents, attorneys, successors and assigns free and harmless from and against any and all claims, liabilities, damages, costs, penalties, forfeitures, losses or expenses (including attorneys' fees) for death or injury to any person or damage to any property whatsoever (including water tables and atmosphere) arising or resulting in whole or in any manner connected with (i) part, directly or indirectly, from the violation presence of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials fromin, on on, under, upon or from the Demised Premises or the Improvements located thereon prior to the Commencement Date, or from the transportation or disposal of Hazardous Materials to or from the Demised Premises to the extent caused by Landlord whether knowingly or unknowingly, the standard being one of strict liability. For purposes of the indemnity provided herein, any Leased Property act or any portion omission of Landlord or portions thereofits agents, including any past employees, contractors or current Release and any Release or threatened release during the Initial Term or any Renewal Term, subcontractors (whether or not arising out they are negligent, intentional, willful or unlawful) shall be strictly attributable to Landlord. Subject to Section 4.3(f), Landlord's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or in any manner connected with Tenant’s occupancy early termination of any Leased Property during the Initial Term or any extension or Renewal Termterm of this Lease. (cg) The obligations of Landlord and Tenant agrees that it will not install any underground under this Section 4.3 shall survive the expiration or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsearlier termination of this Lease.

Hazardous Substances. (a) Tenant shall comply, at its sole expense, with all Laws relating to the protection of public health, safety and welfare and with all environmental Laws in the use, occupancy and operation of the Premises. Tenant agrees that it will not onno Hazardous Substances (as hereinafter defined) shall be used, aboutlocated, stored or under any Leased Property, release, treat processed on the Premises or dispose of any Hazardous Materials; but be brought into the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Building by Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: except for (i) prepare, maintain minor quantities of cleaning materials customary for office use and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable aerosol glue in quantities which are both safe and if any Asbestos does become friablereasonably necessary for Tenant’s normal use in its production room, Tenant shall a▇▇▇▇ said Asbestos provided that the foregoing are handled, stored and dispose disposed of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply compliance with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental applicable Laws, Tenant shall respond and subject to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out provisions of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, Section 6 of this Lease, . Tenant shall and hereby does agree to defend, indemnify and hold each Lender, further agrees that no Hazardous Substances will be released or discharged from the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs Premises (including response and remedial costs), and liabilities, including, but not limited to, reasonable ground water contamination), except that aerosol glue shall be vented directly from Tenant’s production room to the extent required by Law or by Landlord, and to the extent permitted by Law, by means of a venting system installed as part of the Tenant’s Work under the Workletter or pursuant to Section 14 of this Lease. The term “Hazardous Substances” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation, PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any environmental Laws or that would pose a health, safety or environmental hazard. In the event that Tenant is notified of any investigation or violation of any environmental Law arising from Tenant’s activities at the Premises, Tenant shall immediately deliver to Landlord a copy of such notice. In such event or in the event Landlord reasonably believes that a violation of environmental Law arising from Tenant’s activities exists, Landlord may conduct such tests and studies relating to compliance by Tenant with environmental Laws or the alleged presence of Hazardous Substances upon the Premises as Landlord deems desirable, all of which shall be completed at Tenant’s expense. Landlord’s inspection and testing rights are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with environmental Laws, as a result of the exercise, or non-exercise of such rights. Tenant shall indemnify, defend, protect and hold harmless Landlord, its constituent members, and their respective officers, directors, members, partners, agents, employees, successors and assigns (collectively, the “Landlord Parties”), from and against any and all loss, claim, expense, liability and cost (including attorneys’ fees and costs of litigation, fees) arising out of or in any manner connected with (i) way related to the violation presence of any Environmental Law with respect Hazardous Substance introduced to the Premises during the Term by Tenant or its employees, agents, servants, subtenants or contractors. Landlord agrees, as to any Leased Property or any prior ownership of any Leased Property; Hazardous Substances (iias now defined) existing in the Release or threatened Release of or failure Premises on the date hereof, to remove or otherwise remediate, as remediate such Hazardous Substances if and to the extent required by this Paragraph 26law, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release at Landlord’s sole cost and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termexpense. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) 1. Tenant agrees that it will not onshall not, aboutwithout Landlord’s prior written consent, which may be given or under any Leased withheld in Landlord’s sole discretion, keep on or around the Premises, Building or Property, releasefor use, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the usedisposal, treatment, generation, storage or existence of sale, any substances designed as, or containing components designated as, a “hazardous substance,” “hazardous material,” hazardous waste,” “regulated substance” or “toxic substance” by applicable Law (collectively referred to as “Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“AsbestosSubstances”). With respect to any such Hazardous Substances, Tenant shall: (i) preparecomply promptly, maintain timely and timely comply completely with an asbestos operations all Laws for reporting, keeping and maintenance plan (an “O&M Plan”) submitting manifests, and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress obtaining and satisfaction of such O&M Plan, keeping current identification numbers; (ii) prevent any Asbestos from becoming friable submit to Landlord true and if any Asbestos does become friablecorrect copies of all reports, Tenant shall a▇▇▇▇ said Asbestos manifests and dispose of it identification numbers at a properly licensed landfill in accordance with law the same time as soon as practicable following they are required to be and/or are submitted to the discovery thereof, appropriate governmental authorities; (iii) within five (5) days of Landlord’s request, submit written reports to Landlord regarding Tenant’s use, storage, treatment, transportation, generation, disposal or sale of Hazardous Substances and provide evidence satisfactory to Landlord of Tenant’s compliance with all applicable Laws; (iv) allow Landlord or Landlord’s agent or representative to come on the Premises at all times to check Tenant’s compliance with all applicable Laws; (v) comply with minimum levels, standards or other performance standards or requirements which may be set forth or established for certain Hazardous Substances (if minimum standards or levels are applicable to Hazardous Substances present on the Premises, such levels or standards shall be established by an on-site inspection by the appropriate governmental authorities and shall be set forth in an addendum to this Lease); and (vi) comply with all Environmental applicable Laws related to Asbestos regarding the proper and (iv) if the O&M Plan requires any remediationlawful use, provide sale, transportation, generation, treatment and disposal of Hazardous Substances. 2. Any and all costs incurred by Landlord and Lender associated with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out Landlord’s monitoring of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition tocompliance with this Section 29, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and including Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable ’s attorneys’ fees and costs of litigationcosts, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect shall be additional Rent and shall be due and payable to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required Landlord immediately upon demand by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLandlord. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (The Tenant represents, covenants and warrants to and in favour of the Landlord that: a) Tenant agrees that it will It shall not allow any Hazardous Substance to be placed, held or located or disposed of on, aboutunder or at the Leased Premises without the prior written consent of the Landlord which consent may be arbitrarily or unreasonably withheld. Notwithstanding the foregoing, or under the Landlord hereby consents to the Tenant storing such Hazardous Substances on the Leased Premises which may be reasonably necessary for the Conduct of a Helicopter Business. b) It shall not allow the Leased Premises to be utilized in any Leased Property, release, treat or dispose manner in contravention of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws intended to protect the environment, including without limitation, laws respecting the disposal and regulations. Tenant covenants emission of Hazardous Substances. c) To the extent that it will at all times complyHazardous Substances are, and will cause each Leased Property to be in compliance withwith the Landlord's consent, in all material respects with each applicable Environmental Law. If asbestos placed, held, located or asbestos-containing materials are present in disposed of on, under or at any the Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and Premises in accordance with the O&M Plan.terms hereof, the Tenant shall: (b) To the extent required by Environmental Lawsi. Comply with, Tenant shall respond or cause to any release ofbe complied with, all applicable statutes, laws, by-laws, regulations, ordinances, and shall remove orders or at any time in force relating to the use, transport, storage and disposal of the Hazardous Materials, whether existing prior to, or occurring during, Substances; and ii. At the Term on any Leased Property and whether or not arising out request of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes provide evidence to the Landlord of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable statutes, laws, by-laws, regulations, ordinances, and orders, such evidence to include permits, approvals, registrations, compliance records, inspection reports and such tests as the Landlord may reasonably require all at the expense of the Tenant. d) Without restricting the generality of the foregoing, in the event that aviation fuel tanks or other storage tanks form a part of the Leased Premises or are placed in, under or upon the Leased Premised, the Tenant shall: i. Ensure that they have the appropriate Environmental LawsImpairment Liability Insurance, as identified in Article 705. ii. Maintain and repair such storage tanks in a manner satisfactory to the Landlord and according to Provincial statutes and regulations for maintaining and repairing same; iii. Takes all reasonable steps required to ensure that the Hazardous Substances do not cause harm to the Leased Premises; iv. Immediately clean up any spillage that occurs on or about the Leased Premises to in compliance with applicable laws, to the satisfaction of the Landlord acting reasonably. v. Provide and maintain a hard surface, such as concrete, in the helicopter refueling area to contain spills to the satisfaction of the Landlord, acting reasonably. vi. Provide to the Landlord proof that the tanks are registered with and approved annually by the Alberta Safety Codes Authority, a Division of the Safety Codes Council, and copies of the report must be provided at the Landlord's request. vii. At the request of the Landlord, assign any warranties or guarantees received from the manufacturer or installer or such storage tanks in favour of the Landlord as additional security; and viii. Permit the Landlord, its employees and agents, to enter the Leased Premises at all reasonable times for the purpose of determining compliance by the Tenant with the obligations under this Article 706. If the Tenant is in any way failing to comply with any obligation under this Article 706, the Landlord and its agents may, but are not obliged to, enter the Leased Premises and rectify such failure and the Landlord shall be entitled to recover the cost from the Tenant as Rent, upon invoice.

Hazardous Substances. Section 7.2.1 of the Lease is deleted in its entirety and the following provision is substituted: Landlord and Tenant agree as follows with respect to the existence of use of "Hazardous Material" (as defined in paragraph (e)) on the Premises: (a) Tenant agrees that it will not onLandlord hereby makes the following warranties to Tenant, about, or under any Leased Property, release, treat or dispose each of any Hazardous Materials; but which is made only to the foregoing shall not prevent best of Landlord's knowledge as of the use, storage or existence date of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shallthis Lease: (i) prepare, maintain and timely comply Landlord has not placed or allowed to be placed on the Premises any Hazardous Materials or otherwise violated any Environmental Laws with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as respect to the progress and satisfaction of such O&M Plan, Premises which violation remains unremedied; (ii) prevent Landlord has received no notice of, nor does Landlord have any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose knowledge of it at a properly licensed landfill in accordance with law as soon as practicable following placement of Hazardous Materials on the discovery thereof, Premises by third parties; (iii) comply with all Landlord has made no environmental assessments, audits, tests or sampling to ascertain if the Premises was previously contaminated by Hazardous Materials or the existence of violation of Environmental Laws related to Asbestos and Laws, nor does it have any knowledge of the existence of any such assessments, audits, tests or samplings; (iv) if Landlord has neither filed or been required to file any reports respecting Hazardous Materials with any Appropriate Authority; (v) Landlord has received no notice from any Appropriate Authority respecting Hazardous Materials on the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanPremises. (b) To The provisions of this Paragraph (b) shall only apply if (i) it is determined at any time by a court of competent jurisdiction that the extent required by Environmental Laws, Tenant shall respond to any release of, representations of Landlord contained in Paragraph (a) are not correct and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy that Landlord had actual knowledge of such Leased Property during incorrectness as of the Term. In addition to, and without limiting Paragraph 10, date of this Lease; or (ii) Landlord, Tenant its agents, employees or contractors (but not tenants of Landlord or their agents, employees or contractors) violate any Environmental Laws with respect to the Premises. If this Paragraph (b) applies because of an occurrence described in the immediately preceding sentence, then the following shall and hereby does agree apply: (1) Landlord shall be responsible for all costs incurred in complying with all Environmental Laws which relate to defendthe occurrence in question; and, (2) Landlord shall indemnify, indemnify defend and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Tenant harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesjudgements, damages, penalties, expensesfines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Term from or in connection with the Hazardous Materials and the occurrence in question except for Tenant's lost profits or damages or loss to Tenant's business. (c) Tenant shall (i) not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all Environmental Laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises). If it is determined by a court of competent jurisdiction that Tenant has breached the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant results in contamination of the Premises, the Building or the Center generally or if contamination of the Premises, the Building or the Center by Hazardous Material otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, costs judgements, damages, penalties, fines, costs, liabilities or losses (including response including, without limitation, diminution in value of the Premises, the Building and remedial costs)the Center generally, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Building or the Center generally, damages arising from any adverse impact on marketing of space in the Building, and liabilitiessums paid in settlement of claims, includingattorneys' fees, but not limited to, reasonable attorneys’ consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of litigationsite conditions or any cleanup, arising out remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the Premises or the Center generally. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any manner connected with contamination of the Premises or the Center generally, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided 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 long-term or short-term effect on the Premises or the Center generally. (d) It shall not be unreasonable for Landlord to withhold its consent to any proposed assignment or sublease otherwise permitted pursuant to Section 8 of the Lease if (i) the violation proposed transferee's anticipated use of any Environmental Law with respect to any Leased Property the Premises involves the generation, storage, use, treatment or any prior ownership disposal of any Leased PropertyHazardous Material; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as proposed transferee has been required by this Paragraph 26any prior landlord, lender or governmental authority to take remedial action in connection with Hazardous Materials from, on Material contaminating a property if the contamination resulted from such transferee's actions or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during use of the Initial Term or any Renewal Term, whether or not arising out of or property in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.question; or

Hazardous Substances. The Sublessee represents, covenants and warrants to and in favor of the Lessee that: (a) Tenant agrees that it will shall not allow any Hazardous Substances to be placed, held, located or disposed of on, aboutunder or at the Subleased Premises without the prior written consent of the Lessee, which consent may be arbitrarily or under unreasonably withheld; (b) it shall not allow the Subleased Premises to be utilized in any Leased Property, release, treat or dispose manner in contravention of any applicable laws intended to protect the environment, including without limitation, laws respecting the disposal and emission of Hazardous Materials; but Substances; (c) to the foregoing shall not prevent extent that Hazardous Substances are, with the useLessee’s consent, storage placed, held, located or existence disposed of any Hazardous Materials in on, under or at the ordinary course of Tenant’s business Subleased Premises in accordance with the terms hereof, the Sublessee shall: (i) comply in all respects with all laws, ordinances, rules and regulations relating to the storage, transport, use or disposal of Hazardous Substance, including specifically, without limitation, the Environmental Protection and Enhancement Act (Alberta), as amended; and (ii) at the request of the Lessee, provide evidence to the Lessee of compliance with all applicable laws and regulations. Tenant covenants that it will , such evidence to include inspection reports and such tests as the Lessee may reasonably require, all at the expense of the Sublessee; (d) if any authority shall require the cleanup of any Hazardous Substances held, released, spilled, abandoned or placed upon the Subleased Premises or released into the environment by the Sublessee in the course of the Sublessee’s business or as a result of the Sublessee’s use or occupancy of the Subleased Premises, then the Sublessee shall at its own expense, prepare all times complynecessary studies, plans and will cause each Leased Property proposals and submit the same for approval, provide all bonds and other security required by applicable authorities and carry out and complete the work required, provide to be in compliance with, in all material respects the Lessee full information with each applicable Environmental Law. If asbestos respect to proposed plans and the status from time to time of its cleanup work and comply with the Lessee’s reasonable requirements with respect to such plans; and (e) upon the expiration or asbestos-containing materials are present in early termination of the Term (or at any Leased Property (“Asbestos”extension thereof), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and the Sublessee at its sole expense shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos remove and dispose of it at a properly licensed landfill all Hazardous Substances and all storage tanks and other containers therefor in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related applicable environmental laws to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLessee. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Subject to Section 4.3(f), Tenant agrees that it will not onshall at all times and in all respects comply with all federal, aboutstate and local laws, ordinances and regulations ("HAZARDOUS MATERIALS LAWS") relating to the industrial hygiene, environmental protection or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage analysis, generation, manufacture, storage, presence, disposal or existence transportation of any oil, flammable explosives, asbestos, urea formaldehyde, polychlorinated biphenyls, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including without limitation any "hazardous substances," "hazardous wastes,"hazardous materials" or toxic substances" under any such laws, ordinances or regulations (collectively, "Hazardous Materials in Materials") at the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanDemised Premises. (b) To the extent required by Environmental LawsSubject to Section 4.3(f), Tenant shall respond at its own expense procure (other than a certificate of occupancy), maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Tenant's use of the Demised Premises, including, without limitation, discharge of (appropriately treated) materials or waste into or through any sanitary sewer system serving the Demised Premises. Tenant shall in all respects handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Demised Premises in complete conformity with all applicable Hazardous Materials Laws and prudent industry practices regarding the management of such Hazardous Materials. Subject to Section 4.3(f), all reporting obligations imposed by Hazardous Materials Laws are solely the responsibility of Tenant. Upon expiration or earlier termination of this Lease and subject to Section 4.3(f), Tenant shall cause all Hazardous Waste Materials (as defined in 22 CCR 66261.3) to be removed from the Demised Premises and transported for use, storage or disposal in accordance with and in complete compliance with all applicable Hazardous Materials Laws. Tenant shall not take any release of, and shall remove remedial action in response to the presence of any Hazardous MaterialsMaterials in, whether existing prior toon, about or occurring during, under the Term on any Leased Property and whether or not arising out of Demised Premises or in any manner Improvements situated on the Land other than in the normal course of Tenant's business operations as now contemplated in accordance with all Hazardous Materials Laws or as necessitated by emergency considerations in accordance with all applicable Hazardous Materials Laws, nor enter into any settlement agreement, consent decree or other compromise in respect to any claims relating to any Hazardous Materials in any way connected with the Demised Premises or the Improvements on the Land without first notifying Landlord of Tenant’s occupancy of such Leased Property during the Term's intention to do so and affording Landlord ample opportunity to appear, intervene or otherwise appropriately assert and protect Landlord's interest with respect thereto. In addition toaddition, and without limiting Paragraph 10at Landlord's request, at the expiration of the term of this Lease, Tenant shall remove all tanks or fixtures which were placed on the Demised Premises during the term of this Lease and hereby does agree which contain, have contained or are contaminated with Hazardous Waste Materials. (c) Tenant shall immediately notify Landlord in writing of (i) any enforcement, cleanup, removal or other governmental or regulatory action instituted, completed or threatened pursuant to defendany Hazardous Materials Laws; (ii) any claim made or threatened by any person against Landlord or the Demised Premises relating to damage, indemnify contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials; and (iii) any non- routine reports made to any environmental agency arising out of or in connection with any Hazardous Materials in, on or about the Demised Premises or with respect to any Hazardous Materials removed from the Demised Premises, including any complaints, notices, warnings, reports or asserted violations in connection therewith. Tenant shall also provide to Landlord, as promptly as possible, and in any event within five (5) business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations from any governmental agency of any Hazardous Materials Laws relating in any way to the Demised Premises or Tenant's use thereof. Upon written request of Landlord (to enable Landlord to defend itself from any claim or charge related to any Hazardous Materials Laws), Tenant shall promptly deliver to Landlord notices of hazardous waste manifests reflecting the legal and proper disposal of all such Hazardous Materials removed from the Demised Premises. Subject to Section 4.3(f), all such manifests shall list the Tenant or its agent as a responsible party and in no way shall attribute responsibility for any such Hazardous Materials to Landlord. (d) Subject to Section 4.3(f), Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord), protect and hold Landlord and each Lender, the Trustee and of Landlord, their respective successors and assigns, 's officers, directors, shareholders, partners, membersshareholders, affiliates, beneficiaries and employees, agents, attorneys, successors and assigns free and harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesliabilities, damages, costs, penalties, expensesforfeitures, fees, claims, costs losses or expenses (including response attorneys' fees) for death or injury to any person or damage to any property whatsoever (including water tables and remedial costsatmosphere) to the extent arising or resulting in whole or in part, directly or indirectly, from the presence or discharge of Hazardous Materials in, on, under, upon or from the Demised Premises or the Improvements located thereon or from the transportation or disposal of Hazardous Materials to or from the Demised Premises, to the extent brought onto the Demised Premises by Tenant whether knowingly or unknowingly, the standard herein being one of strict liability. For purposes of the indemnity provided herein, any act or omission of Tenant or its agents, employees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. Subject to Section 4.3(f), Tenant's obligations hereunder shall include, without limitation, and liabilitieswhether foreseeable or unforeseeable, including, but not limited to, reasonable attorneys’ fees and all costs of litigationany required or necessary repairs, clean-up or detoxification or decontamination of the Demised Premises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or early termination of the term of this Lease. For purposes of the indemnity provided herein, any acts or omissions of Tenant or its employees, agents, customers, sublessees, assignees, contractors or subcontractors (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Tenant. Nothing in this Section 4.3 shall cause Tenant to be responsible for be for liabilities caused by Hazardous Materials which migrate onto the Demised Premises from neighboring properties. (e) Landlord may, at its expense, commission an environmental audit of the Demised Premises at any time after prior written notice thereof to Tenant; provided that such environmental audit does not unreasonably interfere with Tenant's use of the Demised Premises, or any portion thereof, and provided further that Landlord indemnifies, defends and holds harmless Tenant and its officers, agents, employees and customers from and against any loss, liabilities or damages to Tenant's machinery, equipment, fixtures and personal property, and all liability, loss or damage arising from an injury to the property of Tenant, or its officers, agents, employees or customers, and any death or personal injury to any person or persons to the extent arising out of such environmental audit except for liability, loss or damage caused by Tenant's gross negligence or willful misconduct. However, should Tenant materially breach any of its obligations set forth in this Section 4.3 in a manner that may expose Landlord to material liability, then Landlord shall have the right to require Tenant to undertake and submit to Landlord an environmental audit from an environmental company reasonably acceptable to Landlord, which audit shall evidence Tenant's compliance with this Section 4.3. (f) Landlord represents and warrants that, as of the date of this Lease, and limited to Landlord's actual knowledge, there are, and as of March 2, 1998 there will be, no Hazardous Materials located on the Demised Premises, other than an as required for the normal operation of the Demised Premises and in accordance with all Hazardous Materials Laws. Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant), protect and hold Tenant and each of Tenant's officers, directors, partners, shareholders, affiliates, employees, agents, attorneys, successors and assigns free and harmless from and against any and all claims, liabilities, damages, costs, penalties, forfeitures, losses or expenses (including attorneys' fees) for death or injury to any person or damage to any property whatsoever (including water tables and atmosphere) arising or resulting in whole or in any manner connected with (i) part, directly or indirectly, from the violation presence of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials fromin, on on, under, upon or from the Demised Premises or the Improvements located thereon prior to March 2, 1998, or from the transportation or disposal of Hazardous Materials to or from the Demised Premises to the extent caused by Landlord whether knowingly or unknowingly, the standard being one of strict liability. (g) For purposes of the indemnity provided herein, any Leased Property act or any portion omission of Landlord or portions thereofits agents, including any past employees, contractors or current Release and any Release or threatened release during the Initial Term or any Renewal Term, subcontractors (whether or not arising out they are negligent, intentional, willful or unlawful) shall be strictly attributable to, Landlord. Subject to Section 4.3(f), Landlord's obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repairs, clean-up or detoxification or decontamination of the Demised Promises or the Improvements, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or in any manner connected with Tenant’s occupancy early termination of any Leased Property during the Initial Term or any extension or Renewal Termterm of this Lease. (ch) The obligations of Landlord and Tenant agrees that it will not install any underground under this Section 4.3 shall survive the expiration or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsearlier termination of this Lease.

Hazardous Substances. (a) The term “Hazardous Substances”, as used in this Lease will mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term will mean any federal, state or local law or ordinance relating to pollution or protection of the environment. Tenant hereby agrees that it (i) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Tenant’s business activities (“Permitted Activities”) provided the Permitted Activities are conducted in accordance with any applicable Environmental Laws; (ii) the Premises will not on, about, or under be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of Substances except for any Hazardous Materials materials that are used in the ordinary course of Tenant’s business or standard janitorial and cleaning supplies typically found in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property retail stores (“AsbestosPermitted Materials”), Tenant shall: (i) prepare, maintain provided such Permitted Materials are properly stored in a manner and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, location meeting all Environmental Laws; (iii) comply Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws related to Asbestos Laws. Tenant will Indemnify and (iv) if Defend Landlord against Claims of any nature arising from or as a result of the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with violation of the O&M Plan. (b) To provisions of this Article 21 by Tenant. The foregoing indemnification will survive the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, termination or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, expiration of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Except for Landlord’s obligations expressly described in Section 21.B., Tenant shall comply , at its sole expense, with all laws relating to the protection of public health, safety and welfare and with all environmental laws (ahereinafter defined) in the use, occupancy and operation of the Premises. Tenant agrees that it will no Hazardous Substances (as hereinafter defined) shall be used, located, stored or processed on the Premises or be brought into the Building by Tenant, except for minor quantities of cleaning materials and other items not oninconsistent with office use and, aboutin any event, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance compliance with all applicable laws and regulationslaws. Tenant covenants further agrees that it no Hazardous Substances will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos released or asbestos-containing materials are present in or at any Leased Property discharged from the Premises (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable ground water contamination). The term “HAZARDOUS SUBSTANCES” shall mean and include all hazardous and toxic substances, waste or materials, any pollutant or contaminant, including, without limitation PCB’s, asbestos and raw materials that include hazardous constituents or any other similar substances or materials that are now or hereafter included under or regulated by any environmental laws or that would pose a health, safety or environmental hazard. If Tenant is notified of any investigation or violation of any environmental law arising from Tenant’s activities at the Premises, Tenant shall immediately deliver to Landlord a copy of such notice. In such event or if Landlord reasonably believes that a violation of environmental law exists, Landlord may, upon notice to Tenant, conduct such tests and studies relating to compliance by Tenant with environmental laws or the alleged presence of Hazardous Substances upon the Premises as Landlord reasonably deems necessary or desirable, and to the extent the tests and studies indicate non-compliance by Tenant with environmental laws or the presence of Hazardous Substances upon the Premises based upon Tenant’s activities, then Tenant shall pay the cost of the tests and studies. Landlord’s inspection and testing rights are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have, assumed any responsibility to Tenant or any other party for compliance with environmental laws, as a result of the exercise or non-exercise of Landlord’s rights. Tenant shall indemnify, defend, protect and hold harmless Landlord, its constituent members, and their respective officers, directors, members, partners, agents, employees, successors and assigns, from and against any and all loss, claim, expense, liability and costs (including attorneys’ fees and costs of litigation, fees) arising out of or in any manner connected with (i) way related to the violation presence of any Environmental Law with respect Hazardous Substance introduced to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release Premises during the Initial Term by Tenant, its agents, employees, contractors, subcontractors, subtenants or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Terminvitees. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant Seller agrees that it will not onand warrants to Purchaser that, about-------------------- to the best of Seller's knowledge, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials except as disclosed in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complyEnvironmental Report, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepareno Hazardous Substances, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and nor any other pollutants, toxic materials, or contaminants have been or shall provide a copy of prior to Closing be discharged, disbursed, released, stored, treated, generated, disposed of, or allowed to escape on the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M PlanProperty, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableno asbestos or asbestos containing materials have been installed, Tenant shall a▇▇▇▇ said Asbestos and dispose used, incorporated into, or disposed of it at a properly licensed landfill in accordance with law as soon as practicable following on the discovery thereofProperty, (iii) comply no polychlorinated biphenyls are located on or in the Property, in the form of electrical transformers, fluorescent light fixtures with all Environmental Laws related to Asbestos and ballasts, cooling oils, or any other device or form, (iv) if no underground storage tanks are located on the O&M Plan requires any remediationProperty or were located on the Property and subsequently removed or filled, provide Landlord (v) no investigation, administrative order, consent order and Lender agreement, litigation, or settlement with written notice when such remediation respect to Hazardous Substances is completed and expert certification that such remediation has been completed satisfactorily and proposed, threatened, anticipated or in accordance existence with respect to the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release ofProperty, and shall remove any Hazardous Materials(vi) the Land has not previously been used as a landfill, whether existing prior tocemetery, or occurring during, the Term on any Leased Property as a dump for garbage or refuse. Seller hereby indemnifies Purchaser and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree agrees to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, holds Purchaser harmless from and against any and all causes of actionslost, suitscost, demands damage, liability or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, expense due to or arising out of or in any manner connected with (i) the violation breach of any Environmental Law with respect to any Leased Property representation or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by warranty contained in this Paragraph 2620; provided, Hazardous Materials fromhowever, on Purchaser shall not have the right to seek or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not recover consequential damages arising out of or in any manner connected with Tenant’s occupancy the breach of any Leased Property during the Initial Term representation or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlordwarranty contained in this Paragraph 20. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except representations and warranties set forth in compliance with all applicable Environmental Lawsthis Paragraph 20 and the indemnification given herein shall expressly survive the execution and delivery of the Special Warranty Deed conveying the Real Estate from Seller to Purchaser as provided in Paragraph 26 hereof.

Hazardous Substances. (a) Tenant agrees Borrower represents and warrants that it the Collateral never has been, and never will not onbe so long as this Agreement remains a lien on the Collateral, aboutused in violation of any Environmental Laws or for the generation, manufacture, storage, transportation, treatment, disposal, release or under any Leased Property, release, treat or dispose threatened release of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence Substance in violation of any Environmental Laws. The representations and warranties contained herein are based on Borrower’s due diligence in investigating the Collateral for Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulationsSubstances. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: Borrower hereby (i) preparereleases and waives any future claims against Lender for indemnity or contribution in the event any Borrower becomes liable for cleanup or other costs under any Environmental Laws, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and Lender against any and all causes claims and losses resulting from a breach of actionsthis provision of this Agreement. This obligation to indemnify shall survive the payment of the Obligations and the satisfaction of this Agreement. For purposes of this Agreement, suits“Environmental Law” shall mean any present or future federal, demands foreign, state or local law, ordinance, order, rule or regulation and all judicial, administrative and regulatory decrees, judgments and orders, pertaining to health, industrial hygiene, the use, disposal or transportation of Hazardous Substances, environmental contamination or pertaining to the protection of the environment as these laws have been or may be amended or supplemented, and any successor thereto, and any analogous foreign, state or local statutes, and the rules, regulations and orders promulgated pursuant thereto; and “Hazardous Substances” shall mean and include hazardous substances as defined by Environmental Law, oil of any nature whatsoeverkind, losses, damages, penalties, expenses, fees, claims, costs (including response petroleum products and remedial costs), and liabilitiestheir by-products, including, but not limited to, reasonable attorneys’ fees sludge or residue; asbestos containing materials; polychlorinated biphenyls; any and costs of litigationall other hazardous or toxic substances; hazardous waste; medical waste; infectious waste; explosives; radioactive materials; and all other pollutants, arising out of contaminants and other substances regulated or in any manner connected with (i) controlled by the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release Laws and any Release other substance that requires special handling in its collection, storage, treatment or threatened release during disposal under the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) The term “Hazardous Substances”, as used in this Lease will mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law”, which term will mean any federal, state or local law or ordinance relating to pollution or protection of the environment. Tenant hereby agrees that it (i) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course of Tenant’s business activities (“Permitted Activities”) provided the Permitted Activities are conducted in accordance with all Environmental Laws; (ii) the Premises will not on, about, or under be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but the foregoing shall not prevent the use, Substances except for any temporary storage or existence of any Hazardous Materials such materials that are used in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“AsbestosPermitted Materials”), Tenant shall: (i) prepare, maintain provided such Permitted Materials are properly stored in a manner and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, location meeting all Environmental Laws; (iii) comply Tenant will not permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials, and if so brought or found thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws related to Asbestos Laws. Tenant will Indemnify and (iv) if Defend Landlord against Claims of any nature arising from or as a result of the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with violation of the O&M Plan. (b) To provisions of this Section 20 by Tenant. The foregoing indemnification will survive the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, termination or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, expiration of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) No Tenant agrees that it will not Party shall store, place, generate, manufacture, refine, handle, or locate on, aboutin, under or under any Leased Propertyaround the Premises, release, treat the Building or dispose of Property any Hazardous Materials; but Substance (as hereinafter defined), except for storage, handling and use of reasonable quantities and types of cleaning fluids and office supplies in the foregoing shall not prevent the use, storage or existence of any Hazardous Materials Premises in the ordinary course and the prudent conduct of Tenant’s business in accordance with the Premises. Tenant agrees that (a) the storage, handling, use and disposal of such permitted Hazardous Substances must at all times conform to all applicable laws and regulations. Tenant covenants that it will at all times complyrequirements of public authorities and to applicable fire, safety and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain insurance requirements; and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required types and quantities of permitted Hazardous Substances which are stored in the Premises must be reasonable and appropriate to the nature and size of Tenant’s operation in the Premises and reasonable and appropriate for similar Class A office buildings in midtown Manhattan. In no event shall Tenant be liable for any consequential or special damages under this Section 10.6. Tenant agrees that in the event of Tenant’s breach of this paragraph an injunction and/or specific performance action may appropriately be brought by Environmental LawsLandlord; provided that, Tenant shall respond Landlord’s election to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether bring or not arising out of bring any such injunction and/or specific performance action shall in no way limit, waive, impair or hinder Landlord’s other remedies against Tenant. As used in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant the term “Hazardous Substance” shall mean and hereby does agree to defendinclude any chemical, indemnify and hold each Lendermaterial, element, compound, solution, mixture, substance or other matter of any kind whatsoever which is now or later designated, classified, listed or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of New York, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against United States Government or any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilitieslocal governmental authority, including, but not limited towithout limitation, reasonable attorneys’ fees asbestos, petroleum, petroleum hydrocarbons and costs of litigationpetroleum based products, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediateurea formaldehyde foam insulation, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release polychlorinated biphenyls and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termfreon and other chlorofluorocarbons. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. a. Definition: As used herein, "Hazardous Substance" means ---------- any substance that is toxic, ignitable, reactive, or corrosive and is regulated by any local government, the State of Virginia, or the United States of America. "Hazardous Substance" includes any and all material or substances that are defined as "hazardous substance" pursuant to state, federal, or local governmental law. "Hazardous Substance" includes but is not restricted to asbestos, polychlorobiphenyls (a"PCBs"), and petroleum. b LANDLORD'S Covenants and Indemnification: LANDLORD ---------------------------------------- covenants that the leased premises shall be free of Hazardous Substances as of the commencement date of the term of this lease. LANDLORD agrees to indemnify and hold TENANT harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant, and expert fees) Tenant agrees arising during or after the lease term from or in connection with the presence or suspected presence of Hazardous Substances in or on the leased premises unless the Hazardous Substances are present solely as a result of TENANT'S breach of the provisions of subparagraph c of this paragraph. Without limitation of the foregoing, this indemnification shall include any and all costs incurred due to any investigation of the leased premises or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision unless the Hazardous Substances are present solely as a result of TENANT'S breach of the provisions of subparagraph c of this paragraph. This indemnification shall specifically include any and all costs due to Hazardous Substances that it will not onflow, aboutdiffuse, migrate, or percolate into, onto, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent leased premises after the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, term of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termlease commences. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but During the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, term of this Lease, Tenant shall not suffer, allow, permit or cause the generation, accumulation, storage, possession, release or threat of release of any hazardous substance or toxic material, as those terms are used in the Comprehensive Environmental Response Compensation and hereby does agree to defendLiability Act of 1980, as amended, and any regulations promulgated thereunder, or any other present or future federal, state or local laws, ordinances, rules, and regulations. Tenant shall indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Landlord harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damagesliabilities, penalties, expensesdemands, fees, claimsactions, costs and expenses (including without limitation reasonable attorney fees), remediation and response costs incurred or suffered by Landlord directly or indirectly arising due to the breach of Tenant’s obligations set forth in this Section. Such indemnification shall survive 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 Premises. (b) Landlord hereby represents and remedial costswarrants that, except as set forth in those certain Phase I Environmental Site Assessments dated March 22, 2004 and September 14, 2004, respectively, prepared by R.E. Warner & Associates Inc.: (i) it has not used, generated, discharged, released or stored any hazardous substances on, in or under the Center and has received no notice and has no knowledge of the presence in, on or under the Center of any such hazardous substances; (ii) to Landlord’s knowledge there have never been any underground storage tanks at the 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 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 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 Center; and (vi) to Landlord’s knowledge there is no asbestos or asbestos-containing material in the 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 Center (unless introduced by the Tenant, its agents or employees) or if any asbestos or asbestos containing material is discovered in the Premises (unless introduced by the Tenant, its agents or employees), and liabilitiesremoval, 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 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 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 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 Premises and the Center including, but not limited to, reasonable attorneys’ fees selection of the certified/licensed asbestos abatement contractor, scope of the abatement work, and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release final clearance testing procedures and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termresults. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) The Tenant agrees that it will not onshall, aboutat its own cost and expense, comply with all Laws from time to time or under at any Leased Propertytime in force relating to the Tenant, releasethe business of the Tenant and the Premises relating to Hazardous Substances brought upon the Lands (or Greater Lands) by the Tenant or anyone for whom the Tenant is responsible at law and the protection of the environment including, treat without limitation, all statutes, laws, by-laws, regulations, ordinances and orders regulating the manufacture, use, storage, transportation or dispose disposal of any Hazardous Materials; but Substances shall immediately give written notice to the foregoing shall not prevent Landlord of the use, storage or existence occurrence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present event in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with on the Premises constituting an asbestos operations and maintenance plan (an “O&M Plan”) offence thereunder or being in breach thereof and shall provide a copy of the O&M Plan to Landlord andmake, upon request of Landlord obtain and deliver all reports or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent studies required by any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M PlanAuthorities having jurisdiction. (b) To If any Authority having jurisdiction shall require the extent clean-up of any Hazardous Substances held, released, spilled, abandoned, or placed upon the Premises or released into the environment by the Tenant in the course of the Tenant’s business or as a result of the Tenant’s use or occupancy of the Premises (or its activities on the Greater Lands or any part thereof), then the Tenant shall, at its own cost and expense, prepare all necessary studies, plans, and proposals and submit the same for approval, provide all bonds and other security required by Environmental Laws, Tenant shall respond to any release of, Authorities and carry out the work required and shall remove any Hazardous Materials, whether existing prior to, or occurring during, keep the Term on any Leased Property Landlord fully informed and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during provide to the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law Landlord full information with respect to proposed plans and comply with the Landlord’s reasonable requirements with respect to such plans. The Tenant agrees that if the Landlord determines, in its own sole discretion, acting reasonably, that the Landlord, its property or its reputation, is placed in any Leased Property jeopardy by the requirement for any such work, the Landlord may itself undertake such work or any prior ownership of any Leased Property; (ii) part thereof and the Release or threatened Release of or failure to remove or otherwise remediate, Tenant will forthwith pay all costs and expenses incurred by the Landlord in this regard and the Tenant agrees that all such costs and expenses shall be recoverable by the Landlord as required by if the same were Additional Rent reserved and in arrears under this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLease. (c) The Tenant hereby authorizes the Landlord to make enquiries from time to time of any government authority having jurisdiction with respect to the Tenant’s compliance with any and all laws and regulations pertaining to the Tenant, the Tenant’s business and the Premises including without limitation laws and regulations pertaining to any Hazardous Substances and the protection of the environment; and the Tenant covenants and agrees that it the Tenant will not install from time to time provide to the Landlord such written authorization as the Landlord may reasonably require in order to facilitate the obtaining of such information on and subject to the condition that all such information will be kept confidential by Landlord (except to the extent required to be released by law or to any underground lender or above-ground storage tank prospective purchaser if such lender or prospective purchaser agrees in writing to keep such information confidential). (d) If at any Leased Property without specifictime: (i) notwithstanding the covenant of the Tenant contained in this Section 8.4, prior in the event that there shall at any time be any Hazardous Substances upon the Premises or Lands, or any part thereof; or (ii) there occurs an event in or on the Premises or Lands (including portions of the Greater Lands not occupied by a building) constituting an offence under, or being in breach of, any Laws from time to time or at any time in force relating to the Landlord, the Tenant, the business of the Tenant, or the Premises relating to Hazardous Substances and the Tenant, either alone or with others, causes the happening of such event; the Tenant shall at its own cost and expense: (A) immediately give the Landlord notice to the appropriate effect and thereafter give the Landlord from time-to-time written approval notice of the extent and nature of the Tenant’s compliance with the provisions of the provisions contained in Sections 8.4(d)(ii)(B) and (C); (B) promptly remove any Hazardous Substances from the Premises (or relevant area) in a manner which conforms with all laws and regulations governing the movement of the same; (C) if requested by the Landlord, obtain a report at the Tenant’s cost and expense from an independent consultant designated or approved by the Landlord verifying the complete and proper removal thereof from the Premises (and any other area) or, if such is not the case, reporting as to the extent and nature of any failure to comply with the provisions of Sections 8.4(d)(ii)(B) and (C); and (D) remedy any damage to the Premises (or other area) caused by an event such as is referred to in either or both of Sections 8.4(d)(i) and (ii) above or by the performance of the Tenant’s obligations under this Section 8.4(d) as a result of the occurrence of either or both of such events. (e) If the Tenant shall bring or create upon the Premises (or Greater Lands) any Hazardous Substances or if the conduct of the Tenant’s business or operations shall cause there to be any Hazardous Substances upon the Premises then, notwithstanding any rule of law to the contrary or any other term of this Lease, such Hazardous Substances shall be and remain the sole and exclusive property of the Tenant and shall not become the property of the Landlord notwithstanding the degree of affixation of Hazardous Substances or the goods containing the Hazardous Substances and notwithstanding the expiry or earlier termination of this Lease. (f) The obligations of the Tenant hereunder relating to Hazardous Substances shall survive the expiry or earlier termination of this Lease save only that, to the extent that the performance of those obligations requires access to or entry upon the Premises (or remainder of the Greater Lands) or any part thereof the Tenant shall have such entry and access only at such times and upon such terms and conditions as the Landlord may from time to time specify; and the Landlord may, at the Tenant’s cost and expense, itself or by its agents, servants, employees, contractors and subcontractors, undertake the performance of any necessary work in order to complete such obligations of the Tenant; but having commenced such work, the Landlord shall have no obligation to the Tenant to complete such work. (g) The Landlord shall or has obtained a Phase II ESA prior to the Commencement Date by an independent and reputable expert (the “Landlord’s ESA”). The Landlord’s ESA shall be conclusive with respect to presence of any Hazardous Substances (including any Pre- Existing Contaminants), and Tenant acknowledges that it shall not be permitted to terminate the Lease, and there shall be no abatement of Rent, in the event that the Landlord’s ESA discloses any Pre-Existing Contaminants. (h) The Tenant shall obtain a Phase II ESA prior to the end of the Term or earlier termination of this Lease by an independent and reputable expert approved by Landlord, acting reasonably (the “Tenant’s ESA”). The parties acknowledge and agree that, after comparing the Landlord’s ESA with the Tenant’s ESA, there is a material increase from the level of any Hazardous Substances identified and described in the Landlord’s ESA, if any, or if there is a presence of Hazardous Substances that was not present in the Landlord’s ESA (collectively, the “Tenant’s Environmental Contaminants”), then the Tenant’s Environmental Contaminants shall be and remain the sole and exclusive property of the Tenant and shall not become the property of the Landlord notwithstanding the degree of affixation of same or the goods containing the Hazardous Substances to the Premises and notwithstanding the expiry or earlier termination of this Lease, and Tenant shall, without limitation to its obligations with respect to Hazardous Substances under this Article, indemnify and save harmless that Landlord from and against any claims, actions, damages, costs or expenses (including legal fees on a solicitor and his own client bass) with respect to the foregoing. (i) The Tenant has no right to enter the Premises after the Term, and the Tenant shall pay the Landlord compensation for any period after the Term it is remediating at no less than overholding rates. (j) The Tenant accepts the Premises in an “as is, where is” condition, including with respect to presence of any Pre-Existing Contaminants, provided however, under no circumstance shall Tenant be responsible with respect to, or for any liabilities or obligations relating to, the presence of any Pre-Existing Contaminants arising under Environmental Laws; it being agreed that Tenant shall not be entitled to make any claims against Landlord, and such presence of Pre-Existing Contaminants (if any) shall not be a default under this Lease by Landlord. The Except as otherwise Tenant’s responsibility pursuant to the express provisions of this Lease and subject to the last sentence of this grammatical paragraph, the Landlord shall, at its sole cost and expense, (I) be solely responsible with respect to Pre-Existing Contaminants, but such responsibility shall be limited to rectifying and remediating any such conditions identified in any non-compliance notices received from any governmental authority to the extent required by such notice (including, without limitation, if such non-compliance notices are received due to any alterations performed by or on behalf of Tenant agrees that it will not store combustible in or flammable materials on about the Premises in accordance with this Lease) and (II) be solely responsible for the payment of any Leased Property except applicable fines levied by any governmental authority in connection therewith. Any such rectification and/or remediation by Landlord with respect to Pre-Existing Contaminants shall be at Landlord’s sole cost and expense and performed in a good workmanlike manner in compliance with all applicable Applicable Laws and in a manner which shall, using reasonable efforts, minimize interference with ▇▇▇▇▇▇’s use and enjoyment of its Premises and the business conducted therein. Landlord shall not be responsible for any Hazardous Substances (including Tenant’s Environmental LawsContaminants) generated, produced, brought upon, used, stored, treated or disposed of by Tenant, its agents, employees, contractors, sublessees or invitees from and after occupancy of the Premises (or any portion thereof) by Tenant; it being agreed that Tenant shall be responsible for any such Hazardous Substances set out in this sentence, at its sole cost and expense.

Hazardous Substances. The term “Hazardous Substance” as used in this Sub-Lease shall mean any product, substance, chemical material or waste the presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the PREMISES, of which is either: (a) Tenant agrees potentially injurious to the public health, safety or welfare, the environment or the PREMISES; (b) regulated or monitored by any governmental authority; or (c) a basis for liability of LESSOR to any governmental agency or third party under any applicable statute or common law theory. LESSEE shall not engage in any activity in, on or about the PREMISES which constitutes a Reportable Use of Hazardous Substances without the prior express written consent of LESSOR, which LESSOR may, in its sole discretion, refuse, and LESSEE shall comply in a timely manner at LESSEE’s sole cost and expense with all applicable laws. LESSEE shall be required to immediately notify LESSOR in writing if LESSEE knows, or has reasonable cause to believe, that it will not a Hazardous Substance, or a condition involving or resulting from same, has come to be located in, on, aboutunder or about the PREMISES. LESSEE shall, or under any Leased Propertyat LESSEE’s sole cost and expense, releasefully, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials diligently and in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and a timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) manner comply with all Environmental Laws related Applicable Law, which term is used in this Sub-Lease to Asbestos include all laws, regulations, rules, ordinances, directives, covenants, easements and (iv) if the O&M Plan requires any remediationrestrictions of record, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring duringpermits, the Term on requirements of any Leased Property applicable fire insurance underwriter or rating bureau and the recommendations of LESSOR’s engineers and/or consultants relating in any manner to the PREMISES, now in effect or which may hereafter come into effect, and whether or not arising out reflecting a change in policy from any previously existing policy. LESSOR and LESSOR’s agents shall have the right to enter the PREMISES at any time in the case of or in any manner connected an emergency and, otherwise, at reasonable times for the purpose of inspecting the condition of the PREMISES and for verifying compliance by LESSEE specifically with Tenant’s occupancy the provisions of such Leased Property during the Termthis paragraph 6. In addition toLESSEE shall indemnify, protect, defend and hold LESSOR, its agents, employees, lenders and Master Lessor to LESSOR, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employeesPREMISES, harmless from and against any and all causes loss of actionsrents and/or damages, suitsliabilities, demands or judgments of any nature whatsoeverjudgments, lossescosts, damagesclaims, liens, expenses, penalties, expenses, fees, claims, costs (including response permits and remedial costs), attorney’s and liabilities, including, but not limited to, reasonable attorneys’ consultant’s fees and costs of litigation, arising out of or in involving any manner connected with (i) Hazardous Substance brought onto the violation PREMISES by or for LESSEE or under LESSEE’s control. LESSEE’s obligations under this paragraph 6 shall include, but not be limited to, the effects of any Environmental Law contamination or injury to person, property or environment created or suffered by LESSEE, and the cost of investigation, including consultant’s and attorney’s fees and testing, removal, remediation, restoration and/or abatement thereof, or any contamination therein involved, and shall survive the expiration or earlier termination of this Sub-Lease. No Termination, Cancellation or Release Agreement entered into by LESSOR and LESSEE shall release LESSEE from its obligations under this Sub-Lease with respect to any Leased Property or any prior ownership Hazardous Substances, unless specifically so agreed by LESSOR in writing at the time of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termsuch Agreement. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) The term "Hazardous Substances." as used in this Lease shall mean all pollutants, contaminants, toxic or hazardous wastes or any other substances, the use and/or removal of which is required or the use of which is restricted, prohibited or penalized by an "Environmental Law " which term shall mean any federal, state or local law ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that it (i) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are a part of the ordinary course of the Tenant's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord and Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the Premises will not on, about, or under be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but Substances except for the foregoing shall not prevent the use, temporary storage or existence of any Hazardous Materials such materials that are used in the ordinary course of Tenant’s 's business (the "Permitted Materials") provided such Permitted Materials are properly used, stored and disposed of in accordance with applicable laws a manner and regulations. Tenant covenants that it will at location meeting all times complyEnvironmental Laws and said Permitted Materials have been approved in advance in writing by Landlord, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos be responsible for obtaining any required permits and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, paying any fees and providing any testing required by any governmental agency; (iii) comply with all Environmental Laws related to Asbestos and no portion of the Premises will be used as a landfill or a dump; (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at tanks of any Leased Property without specific, prior written approval from the Landlord. The type; (v) Tenant agrees that it will not store combustible allow any surface or flammable materials on any Leased Property subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance; (vi) Tenant will not permit Hazardous Substances to be brought onto the Premises, except in for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws at Tenant's sole cost and expense. Landlord or Landlord's representative shall have the right but not the obligation to enter the Premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all applicable Environmental Laws. Should it be determined, in Landlord's sole opinion, that said Permitted Materials are being improperly stored, used or disposed of, then Tenant shall immediately take such corrective action as requested by Landlord. Should Tenant fail to initiate such corrective action within forty-eight (48) hours, Landlord shall have the right to perform such work on Tenant's behalf and at Tenant's sole expense, and Tenant shall promptly reimburse Landlord for any and all costs associated with said work. If at any time during or after the Term of the Lease, the Premises is found to be so contaminated or subject to said conditions caused by Tenant, Tenant shall diligently institute proper and thorough cleanup procedures at Tenant's sole cost, and Tenant agrees to indemnify and hold Landlord harmless from all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the Premises by Tenant. The foregoing indemnification and the responsibility of Tenant shall survive the termination or expiration of this Lease.

Hazardous Substances. (a) The provisions set forth in this Section 6.09 are additional to and not in derogation or limitation or restriction in any manner of other provisions of this Lease that may have application with respect to Hazardous Substances or facts or matters concerning Hazardous Substances, except that in the event of a conflict between a provision of this Section 6.09 and another provision elsewhere in this Lease, the provision of this Section 6.09 shall govern. (b) The Tenant agrees shall, at the Tenant’s sole cost and expense: (i) assure that it will not onthere exists no act or omission by the Tenant or employee, aboutguest, invitee or under agent of the Tenant that (1) results in or contributes to any Leased Property, release, treat or dispose material violation of any Hazardous Materials; but Environmental Laws with respect to the foregoing shall not prevent the use, storage Premises or existence of (2) causes or permits any Hazardous Materials Substances whatsoever be brought upon or kept or used or stored or treated under, in, on or about the Premises in violation of Applicable Laws except the Hazardous Substances of such types and quantities as are reasonably and customarily used in the ordinary course of Tenant’s business in accordance with applicable laws and regulationsApplicable Laws shall be permitted. Notwithstanding the foregoing, the Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos shall not install or asbestos-containing materials are present in or at utilize underground storage tanks under any Leased Property (“Asbestos”), circumstances unless the Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy first obtains the written consent of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to in the progress and satisfaction of such O&M Plan, Landlord’s discretion; (ii) prevent promptly notify the Landlord if the Tenant learns of or receives any Asbestos from becoming friable notice that Hazardous Substances have been disposed of or released under, in, on or about the Premises, or if the Tenant receives any claim, complaint, order, citation or notice by any governmental authority or third party with respect to any matter relating in any respect to Hazardous Substances (the Landlord agreeing, at the Landlord’s sole cost and if any Asbestos does become friableexpense, to likewise promptly notify the Tenant shall a▇▇▇▇ said Asbestos and dispose upon the Landlord’s knowledge of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, same); and (iii) promptly notify the Landlord as to any liens threatened or attached against the Premises or against the Tenant’s leasehold interest under this Lease, which liens arise out of or relate in any manner to Hazardous Substances (the “Environmental Liens”). In the event that as a result of the Tenant’s failure to comply with all Section 6.09(b)(i) any Environmental Laws related to Asbestos and Lien is filed against the Premises or against the Tenant’s leasehold interest under this Lease, then the Tenant shall, within thirty (iv30) if days from the O&M Plan requires any remediationdate that the Environmental Lien is filed, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with any event prior to the O&M Plandate any governmental agency or other party commences proceedings to foreclose on such lien, either (1) pay the claim and remove the lien from the Premises and/or the leasehold interest of the Tenant under this Lease or (2) furnish security reasonably satisfactory to the Landlord in an amount sufficient to discharge the claim out of which the lien arises. (bc) To As of the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring duringEffective Date, the Term on any Leased Property Landlord represents and whether or not arising out of or warrants to its knowledge that, except as set forth in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each LenderSection 14.15 herein, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands Development does not contain friable asbestos or judgments other Hazardous Substances of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs kind (including response and remedial costs), and liabilities, including, but not limited toto transformers containing PCBs), except, in the case of Hazardous Substances only and not asbestos, in commercially reasonable attorneys’ fees quantities for construction purposes and costs cleaning agents and other substances normally used in the construction, operation and maintenance of litigationoffice buildings and not prohibited by Applicable Laws, arising out all of which shall be stored, used and disposed of at the Landlord’s cost and without reimbursement from the Tenant in accordance with all Applicable Laws. During the Term of this Lease, the Landlord or employee, guest, invitee or agent of the Landlord shall not, within the Building or Building Land, store, use, or directly cause or permit the escape, disposal or release of any Hazardous Substances, in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) Applicable Laws and in the Release or threatened Release of or failure event such Applicable Laws require the Landlord to remove or otherwise remediate, as required by this Paragraph 26, remedy the existence of any friable asbestos or Hazardous Materials fromSubstances discovered in, on or under the Building or Building Land, the Landlord agrees to any Leased Property remove or any portion or portions thereofremedy the same, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or cost shall not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlordbe included as an Operating Expense. The Landlord shall indemnify and hold the Tenant agrees that it will not store combustible or flammable materials on harmless against any Leased Property except losses, damages, costs, liabilities and claims suffered by the Tenant in compliance connection with all applicable Environmental Lawsa breach by the Landlord of its obligations set forth in the immediately prior sentence.

Hazardous Substances. Although Tenant has reviewed a Phase I Environmental Site Assessment prepared by ATC Associates, Inc. dated January 26, 2011 (athe "Entrance Assessment") with respect to the Premises (and Landlord makes no representation or warranty regarding such report), Landlord shall indemnify Tenant agrees for losses incurred by Tenant resulting from the contamination of the Premises of Hazardous Materials to the extent Tenant establishes that it will not onthe contamination existed on the Premises before the date of this Lease. Neither Tenant nor any of Tenant's Invitees may use, aboutmanufacture, or under any Leased Propertystore, release, treat or dispose of any Hazardous Materials; but Materials anywhere within the foregoing shall not prevent the useProject, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business except in accordance with applicable laws all Applicable Regulations and regulations. Tenant covenants that it will at all times complythe Operations Plan, and will only if all claims, liabilities and damages arising from such Hazardous Materials are either adequately covered (and the Hazardous Materials permitted) by Landlord's insurance or covered (and the Hazardous Materials permitted) by supplemental insurance or endorsements appropriate to such use reasonably acceptable to Landlord. If the Premises is contaminated by any Hazardous Material following Landlord's delivery of the Premises to Tenant, or if any part of the Project is contaminated by any Hazardous Material used by Tenant or Tenant's Invitees, then (1) Tenant shall promptly notify Landlord in writing of such contamination, and (2) Landlord may elect to either (A) demand that Tenant perform all remediation required by Landlord (to Landlord's reasonable satisfaction and at Tenant's sole cost, necessary to return the Premises and Project to at least as good a condition as they were in as of the date the Premises was delivered to Tenant, which Tenant shall immediately do upon receipt of notice from Landlord, or (B) proceed to cause each Leased Property such investigation, clean-up, and remediation work which Landlord reasonably deems necessary or desirable to be in compliance withundertaken, in all material respects with each applicable Environmental Lawwhereupon the entire cost thereof (plus a supervisory fee equal to five percent (5.0%) of such cost) will be payable by Tenant to Landlord upon demand as additional rent. If asbestos Tenant does not promptly commence and diligently pursue such remediation, then Landlord may perform or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), cause to be performed such remediation and Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord andimmediately, upon request demand, pay the cost thereof, plus a supervisory fee in the amount of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction five percent (5.0%) of such O&M Plan, (ii) prevent any Asbestos from becoming friable cost. Tenant's obligations and if any Asbestos does become friable, Tenant liability under this paragraph shall a▇▇▇▇ said Asbestos survive the termination of Tenant's tenancy and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, except that nothing contained in this paragraph shall be deemed to impose liability on Tenant shall and hereby does agree for any problem arising after the Term of this Lease or later vacation of the Premises by Tenant or Tenant's Invitees, provided neither Tenant nor Tenant's Invitees contributed to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release such problem during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermLease. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. Lessee [or other occupant pursuant to any agreement authorizing mining] shall not keep on or about the premises any hazardous substances, as defined under 42 U.S.C. 9601(14) or any other Federal environmental law, any regulated substance contained in or released from any underground storage tank, as defined by the Resource Conservation and Recovery Act, 42 U.S.C. 6991, et seq. or any substances defined and regulated as “hazardous” by applicable State law, (ahereinafter, for the purposes of this Lease, collectively referred to as “Hazardous Substances”) Tenant agrees that it will not onunless such substances are reasonably necessary in Lessee’s mining operations, aboutand the use of such substances or tanks is noted and approved in the Lessee’s mining plan, and unless Lessee fully complies with all Federal, State and local laws, regulations, statutes, and ordinances, now in existence or as subsequently enacted or amended, governing Hazardous Substances. Lessee shall immediately notify Lessor, the Bureau of Land Management, the surface management agency, and any other Federal, State and local agency with jurisdiction over the Leased Premises, or under any Leased Propertycontamination thereon, release, treat of (i) all reportable spills or dispose releases of any Hazardous Materials; but Substance affecting the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M PlanPremises, (ii) prevent all failures to comply with any Asbestos from becoming friable and if any Asbestos does become friableapplicable Federal, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law state or local law, regulation or ordinance governing Hazardous Substances, as soon now enacted or as practicable following the discovery thereofsubsequently enacted or amended, (iii) comply with all Environmental Laws related to Asbestos and 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) if 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 O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the TermPremises. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or aboveML 49443-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.OBA

Hazardous Substances. Tenant shall not cause or permit any Hazardous Substances (being hazardous or toxic substances, materials, or wastes as defined or established from time to time by applicable local, state, or federal ordinances, statutes, or regulations) to be brought upon, or kept or used in or about the Premises, the Building/s or the Center by Tenant, its agents, employees, contractors, or invitees, unless (a) Tenant agrees that it will not on, about, or such Hazardous Substances are necessary for Tenant's business (as such business is a permitted use under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complySection 6.10 above), and will cause each Leased Property to be in compliance with(b) Tenant first obtains the written consent of Landlord. Whether or not Landlord has given such consent, in all material respects with each applicable Environmental Law. If asbestos if a release of Such Hazardous Substances occurs (whether caused by Tenant or asbestos-containing materials are present in or at any Leased Property (“Asbestos”not), Tenant shallshall immediately notify Landlord, and as to any such release that has been caused or permitted by Tenant: (i) prepare, maintain Tenant shall immediately and timely comply entirely remove such released Hazardous Substance/s in a manner fully in compliance with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as all laws pertaining to the progress removal and satisfaction of such O&M Plan, storage or deposit thereof; and (ii) prevent Tenant hereby agrees to indemnify and hold Landlord harmless as provided in Section 7.3 below, as a result of (a) Tenant's failure or delay in properly complying with any Asbestos from becoming friable and if any Asbestos does become friablelaw, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill order, rule, or regulation, or other requirements referred to in accordance with law as soon as practicable following the discovery thereofSection 6.10 above, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. or (b) To any adverse effect which results from the extent required by Environmental Laws, Tenant shall respond to any release presence of, and shall remove discharge of, or release of any Hazardous MaterialsSubstances in, whether existing prior toabout or from the Premises, the Building/s, the Center, or occurring during, any Common Areas. This indemnification by Tenant of Landlord shall survive the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, termination of this Lease. Further, upon reasonable evidence that a release of a hazardous substance has occurred, Tenant shall shall, upon Landlord's demand and hereby does agree at Tenant's sole expense, demonstrate to defendLandlord (through such tests, indemnify professional inspections, sampling or otherwise as is, in Landlord's sole judgment, sufficient for the purpose) that Tenant has fully and hold each Lendercompletely removed, cleaned up, detoxified or de contaminated any releases or discharges of Hazardous Substances in or upon the Trustee Premises, Building/s, Center, or Common Areas. Landlord warrants that as of the date of execution hereof and Landlordto the best of its knowledge, their respective successors there are no hazardous substances stored on or within the Premises and assignsBuilding, officers, directors, shareholders, partners, members, affiliates, beneficiaries utilized in the construction of the Premises and employees, harmless from Building or existing in the Premises and against any and all causes of actions, suits, demands or judgments Building that would constitute a violation of any nature whatsoeverapplicable law, losses, damages, penalties, expenses, fees, claims, costs code or ordinance. Tenant shall be responsible for causing the Premises to at all times be in compliance with the terms and regulations of the Americans with Disabilities Act of 1991 (including response and remedial coststhe "ADA"), and liabilities, including, but not limited to, reasonable attorneys’ fees the design and costs of litigation, arising out of or in any manner connected with (i) the violation installation of any Environmental Law improvements, additions or alterations to the Premises, Furthermore, Tenant shall operate the Premises at all times and its business thereon in a manner to comply with respect the ADA. Landlord reserves the right to any Leased Property or any prior ownership of any Leased Property; (ii) hereafter modify, from time to time, the Release or threatened Release of or failure policies, practices, rules regulations and procedures applicable to remove or otherwise remediatethe Premises, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected extent necessary to comply with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermADA. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) As used in this Lease, the term "Hazardous Substances" means pollutants, contaminants, toxic or hazardous wastes, hazardous materials or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by an "Environmental Law", which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to pollution or protection of the environment. Tenant hereby agrees that it (i) no activity will be conducted on the Premises that will produce any Hazardous Substances, except for such activities that are part of the ordinary course for Tenant's business activities (the "Permitted Activities") provided such Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Landlord; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the Premises will not on, about, or under be used in any Leased Property, release, treat or dispose manner for the storage of any Hazardous Materials; but Substances except for the foregoing shall not prevent the use, storage or existence of any Hazardous Materials such materials that are used in the ordinary course of Tenant’s 's business ("Permitted Materials") provided such Permitted Materials are properly stored in accordance a manner and location meeting all Environmental Laws; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface or subsurface conditions to exist or come into existence as a result of Tenant's actions or the conduct of Tenant's business on the Premises that constitute or with applicable laws the passage of time may constitute a public or private nuisance; (vi) Tenant will not permit any Hazardous Substances to be brought in or onto the Premises, except for the Permitted Materials described below, or hereafter approved in writing by Landlord and regulations. Tenant covenants that it will at all times complyif so brought or found located thereon, the same shall be immediately removed, with proper disposal, and will cause each Leased Property all required cleanup procedures shall be diligently undertaken pursuant to be in compliance with, in all material respects with each applicable Environmental LawLaws. If asbestos or asbestos-containing materials are present Landlord in or at any Leased Property (“Asbestos”)good faith believes that Tenant has violated the provisions of this Article 24 relating to Hazardous Substances, Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of then Landlord or LenderLandlord's representative shall have the right but not the obligation to enter the Premises upon not less than forty-eight (48) hours' prior written notice to Tenant (which notice shall detail the basis for Landlord's good faith belief that Tenant has violated the provisions of this Article 24) for the purposes of inspecting the storage, promptly provide periodic updates as use and disposal of Permitted Materials to the progress and satisfaction of ensure compliance with all Environmental Laws. Should it be ultimately determined that such O&M PlanPermitted Materials are being improperly stored, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableused, or disposed of, then Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law immediately take such corrective action as soon as reasonably practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, and if Tenant fails to do so within ten (10) days after receipt of a second written notice from Landlord notifying Tenant of such failure, then Landlord shall have the right to perform such work and Tenant shall respond promptly reimburse Landlord for any and all out-of-pocket and commercially reasonable costs associated with such work to the extent required by Environmental Laws. If at any release oftime during or after the Lease Term, the Premises are found to be so contaminated or subject to such conditions, and shall remove any Hazardous Materialssuch contamination is caused by Tenant or the conduct of its business on the Premises, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, then Tenant shall diligently institute proper and thorough cleanup procedures to the extent required by Environmental Laws at Tenant's sole cost. Tenant hereby does agree to defendindemnifies, indemnify saves and hold each Lender, the Trustee and holds Landlord, its property manager and their respective successors and assignsassigns harmless from all and against claims, officersdemands, directorsactions, shareholdersliabilities, partnerscosts, membersexpenses, affiliatesdamages and obligations of any nature arising, beneficiaries including, without limitation, court costs and employeesreasonable attorneys’ fees and expenses, from or as a result of the use of Hazardous Materials in the Premises by Tenant, EVEN IF SUCH CLAIMS, ACTIONS, LIABILITIES, COSTS, EXPENSES, DAMAGES OR OBLIGATIONS RESULT FROM THE NEGLIGENCE (BUT NOT THE NEGLIGENCE OR WILLFUL MISCONDUCT) OF LANDLORD OR ANY LANDLORD RELATED PARTIES. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or expiration of this Lease. PERMITTED MATERIALS: storage in the Premises of customary office and cleaning supplies in reasonable quantities used by Tenant in the ordinary course of operating and cleaning its office space. Landlord hereby represents that, to Landlord's current actual knowledge there are no Hazardous Materials, nor any mold or asbestos-containing materials, present in the Premises and/or the Building’s common areas in violation of applicable Environmental Laws as of the date hereof. Additionally, Landlord shall, at no cost to Tenant (and excluded from Operating Expenses), remove or remediate to the extent required by Environmental Laws any Hazardous Materials introduced to the Building by Landlord after the date of this Lease in violation of applicable Environmental Laws. Landlord indemnifies Tenant for, from and against any breach by Landlord of the representations, warranties and obligations stated in this grammatical paragraph, and agrees to defend and hold Tenant harmless from and against any and all causes of actionsclaims, suits, demands or judgments of any nature whatsoever, lossesjudgments, damages, penalties, expensesfines, feescosts, claims, costs (including response and remedial costs), and liabilities, includingor losses which arise during or after the Lease Term as a result of such breach. Tenant shall not be responsible for and the indemnification and hold harmless obligations set forth in this Article 24 above shall not include any costs incurred in connection with any investigation of site conditions or any cleanup, but not limited toremedial, reasonable attorneys’ fees and costs of litigationremoval, arising out of or in restoration work required by any manner connected with (i) the violation of federal, state, or local governmental agency or political subdivision pursuant to any Environmental Law with respect to any Leased Property because of Hazardous Material present in the soil or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, ground water on or to any Leased Property under the Premises and/or Building arising from conditions existing on, under or any portion about the Premises, the Building, or portions thereof, including any past adjacent property on or current Release and any Release or threatened release during before the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal TermCommencement Date. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant agrees that it will not on, aboutAll operations or activities upon, or under any Leased use or occupancy of the Property, releaseor any portion thereof, treat by Tenant, or dispose any agent, contractor, employee or subtenant of any Hazardous Materials; but the foregoing Tenant shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to during the Term be in all respects in strict compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates as to the progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall a▇▇▇▇ said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy of such Leased Property during the Term. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response Legal Requirements and remedial costs), and liabilitiesInsurance Requirements relating to Hazardous Substances, including, but not limited to, reasonable attorneys’ fees the discharge and removal of Hazardous Substances. Tenant will keep the Property free and clear of all Hazardous Substances other than those Hazardous Substances which are necessary for the operation of the Facility (which Hazardous Substances shall be handled, used and disposed of in strict compliance with the Legal Requirements and Insurance Requirements) and Tenant shall pay all costs required properly to use, handle and dispose of litigation, arising out of or in any manner connected with (i) all Hazardous Substance and shall keep the violation Property free and clear of any Environmental Law lien relating to Hazardous Substances which may be imposed pursuant to the Legal Requirements and Insurance Requirements. Neither Tenant, nor any agent, contractor, employee or subtenant of Tenant shall allow the manufacture, storage, voluntary transmission or presence of any Hazardous Substances over 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, neither Tenant, nor any agent, contractor, employee or 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 Leased Property 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 prior ownership claims made by any third party relating to Hazardous Substances on, emanations on or from, releases on or from, or threats of releases on or from any of the Property and shall promptly furnish Landlord with copies of any Leased Property; (ii) the Release correspondence, notices or threatened Release of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or legal pleadings in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termconnection therewith. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Laws.

Hazardous Substances. (a) Tenant hereby covenants and agrees that it will Tenant shall not oncause or permit any “Hazardous Substances” (as hereinafter defined) to be generated, aboutplaced, held, stored, used, located or disposed of at the Building or any part thereof, except for Hazardous Substances as are commonly and legally used or stored in lawful amounts as a consequence of using the Premises for general office and administrative purposes. Tenant shall immediately deliver to Landlord complete copies of all notices, demands, or under other communications received by Tenant from any Leased Propertygovernmental authority or any other third-party regarding any alleged or potential violations of any Environmental Laws (defined below) or otherwise asserting the existence or potential existence of any condition or activity on or about the Premises which is or could be dangerous to life, releaselimb, treat property, or dispose the environment. Without limiting the foregoing, if the presence or need for remediation of any Hazardous Materials; but Substances on or about the foregoing shall not prevent the usePremises is caused by Tenant or its contractors, storage agents, customers or existence of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property to be in compliance with, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)invitees, Tenant shall: (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of the O&M Plan to immediately notify Landlord in writing thereof and, upon request of Landlord or LenderLandlord’s reasonable demand, promptly provide periodic updates take all actions, at no cost or expense to Landlord, as are necessary to remediate such condition and/or to return the Premises to the progress and satisfaction condition existing prior to the introduction of any such Hazardous Substances, provided that Landlord’s approval of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friableaction shall first be obtained. Promptly upon receipt of Landlord’s request, Tenant shall asubmit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Premises. T▇▇▇▇▇ said Asbestos also agrees to cooperate with L▇▇▇▇▇▇▇ and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide access by Landlord and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond L▇▇▇▇▇▇▇’s representatives to any release of, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected with Tenant’s occupancy records with respect to the Premises relating to any assessment of such Leased Property during the Termenvironmental condition of the Premises and the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Premises. In addition to, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree agrees to defend, indemnify Landlord and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Landlord harmless from and against any and all causes of actionslosses, suitsliabilities, demands or judgments of any nature whatsoever, lossesincluding strict liability, damages, penaltiesinjuries, expenses, including reasonable attorney’s fees, claimscosts of settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence in, or the escape, leakage, spillage, discharge, emission or release from, the Premises of any Hazardous Substances (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees, costs (including response of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and remedial costs)Liability Act [“CERCLA”], and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with (iother Environmental Law) to the extent attributable to Tenant’s violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) the Release or threatened Release of or failure to remove or otherwise remediate, as required by covenant contained in this Paragraph 26, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Term, whether or not arising out of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Term. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the LandlordArticle. The obligations of Tenant agrees that it will not store combustible under this Article shall survive any expiration or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawstermination of this Lease.