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 axxxx 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 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 axxxx 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 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 axxxx 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 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 axxxx 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 axxxx 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. (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 axxxx 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. Without limiting the generality of any portion of this Lease, Tenant and its Affiliates will: (a) Tenant agrees that it will not onNot store, abouthandle, or under any Leased Propertytransport, releaseuse, treat process, generate, discharge or dispose of any Hazardous Materials; but hazardous, toxic, corrosive, dangerous, explosive, flammable or noxious substances, gasses or waste, whether now or hereafter defined under applicable Laws (including, without limitation, CERCLA, XXXX, RCRA, TSCA, CWA, Chapter 21E of Massachusetts General Laws and any other Laws promulgated by the foregoing shall not prevent EPA, OSHA or Commonwealth of Massachusetts) or otherwise (collectively, “hazardous substances”), from, in or about the Premises or the rest of the Project, or create any release or threat of release of any hazardous substances, although Tenant will be permitted to use, storage or existence store and dispose of any Hazardous Materials customary office supplies in the ordinary course amounts typical of Tenant’s business in accordance with applicable laws and regulations. normal office use that contain de minimus amounts of hazardous substances, provided that Tenant covenants that it will at all times complystrictly complies with applicable Laws. If any of the foregoing occur, or if Landlord reasonably and will cause each Leased Property in good faith believes that any of the foregoing have occurred or are likely to be in compliance withoccur or that Tenant and its Affiliates are not complying fully with this Article, in addition to any other rights and remedies of Landlord (all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials of which are present in or at any Leased Property (“Asbestos”cumulative and not exclusive), Tenant shall: (i) prepareand its Affiliates immediately will cease the acts or omissions and at Landlord’s request Tenant will take such actions as may be required by applicable Laws and as Landlord may reasonably direct to cure, maintain remediate or prevent the problem. Tenant and timely its Affiliates will 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 axxxx 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 fully with all Environmental applicable Laws and insurance requirements in connection with or 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 Planhazardous substances. (b) To Immediately pay, and indemnify Landlord for, all Liabilities in connection with or arising directly or indirectly from any breach by Tenant or its Affiliates of their obligations in this Article, including, without limitation, attorneys’ fees and costs and the extent costs of any of the following, whether required by Environmental LawsLandlord, Tenant shall respond applicable Laws or insurance requirements or otherwise: any “response actions” or “responses”; any surveys, “audits”, inspections, tests, reports or procedures deemed necessary or desirable by Landlord or governmental or quasi-governmental authorities to determine the existence or scope of any release ofhazardous substances or Tenant’s compliance with this Article, and shall remove any Hazardous Materialsactions recommended to be taken in connection therewith; compliance with any applicable Laws and insurance requirements; any requirements, whether existing prior todirectives or plans for the prevention, containment, processing, storage, clean-up, remediation or occurring during, disposal of hazardous substances; the Term on release and discharge of any Leased Property resulting liens; and whether any other injury or not arising out of damage. On the expiration 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, will leave 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 Premises free 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) hazardous substances which have been brought onto the violation of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Property; (ii) Premises by Tenant during the Release or threatened Release of or failure to remove or otherwise remediatelease term, 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 Termit may be extended herein. (c) The Immediately deliver to Landlord copies of any notices, information, reports, and communications of any type received or given in connection with hazardous substances, including, without limitation, notices of violation and settlement actions from or with governmental or quasi-governmental authorities, reports from Tenant’s engineers or consultants, and the results of any analyses conducted by or for Tenant. Tenant agrees that it specifically grants Landlord the right to participate in all discussions and meetings regarding actual or potential violations, settlements or abatements. Tenant’s failure to comply with the requirements of this Article will not install any underground be a material default under this Lease. All of Tenant’s obligations under this Article will 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 axxxx 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 bxxx 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. (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 axxxx 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. 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 axxxx 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. 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 axxxx 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 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 axxxx 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. 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 axxxx 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. Although Tenant has reviewed a Phase I Environmental Site Assessment prepared for Xxxxx Xxxxxxx 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 axxxx 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. (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 axxxx 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 comply with the Connecticut Transfer Act and any other applicable laws relative to its operations. (c) "Hazardous Substances" shall mean any release ofpetroleum, and shall remove any Hazardous Materialspetroleum products, whether existing prior tofuel oil, waste oil, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, medical waste, pollutants, herbicides, fungicides, rodenticides, insecticides, contaminant, or occurring during, the Term on any Leased Property pesticides 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 any other element, compound, 11 <PAGE> mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Tenant shall comply with all laws applicable to the generation, storage, use, disposal or release of Hazardous Substances, including but not limited to, reasonable attorneys’ fees obtaining and costs of litigationmaintaining any permits from, arising out of or in making any manner connected with (i) the violation of filings or registrations with, by 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, governmental authority as required by this Paragraph 26, Hazardous Materials from, on or to under 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 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, make, release, treat or dispose of any Hazardous Materials"hazardous substances" as that term is defined in CERCLA; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business hazardous substances in accordance with applicable laws and regulationsregulations and at levels that do not impose any clean up liability or obligation. Tenant covenants represents and warrants 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 CERCLA 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 axxxx 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 other 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 PlanLaws. (b) To the extent required by CERCLA and/or any other Environmental Laws, Tenant shall respond to any release of, and shall remove any "hazardous substances" (as defined in CERCLA) and "Hazardous Materials, " (as defined above) 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 '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 defend, indemnify and hold each Lender, the Trustee Lender 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 Tenant's prior ownership of any the Leased PropertyPremises; or (ii) the Release "release" or "threatened Release release" of or failure to remove or otherwise remediateremove, as required by this Paragraph 26, "hazardous substances" (as defined in CERCLA) and Hazardous Materials from, on or to any (as defined above) from the Leased Property Premises or any portion or portions thereof, including any past or current Release release and any Release release or threatened release during the Initial Term initial term or any extension of Renewal Term, whether or not arising out of or in any manner connected with Tenant’s '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; provided, however, that Tenant may replace the two existing storage tanks identified in that certain Draft Phase I Environmental Site Assessment Report, Quality-PFG Little Rock, Little Rock, AR, prepared by EnSafe, Inc. and dated March 16, 2004, as long as (i) Tenant provides Landlord and Lender with not less than twenty (20) days' prior written notice of such replacement work, and (ii) such replacement work is performed and completed by or on behalf of Tenant in accordance with all applicable Environmental Laws. The Tenant agrees that it will not store combustible or flammable materials on the Leased Premises in violation of CERCLA or any Leased Property except in compliance with all applicable other 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 axxxx 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) With respect to Tenant's use of the Building Complex, Tenant agrees that it will not onshall at all times, aboutat its own cost and expense, comply with all federal, state, and local laws, ordinances, regulations, and standards relating to the use, analysis, production, storage, sale, disposal, or under transportation of any Leased Propertyhazardous materials ("Hazardous Substance Laws"), releaseincluding oil or petroleum products or their derivatives, treat solvents, PCB's, explosive substances, asbestos, radioactive materials or waste, and any other toxic, ignitable, reactive, corrosive, contaminating, or pollution materials ("Hazardous Substances") which are now or in the future subject to any governmental regulations. Tenant shall not generate, store, or dispose of any Hazardous Materials; but Substances in or on the foregoing leased Premises or the Building Complex. Except in emergencies or as otherwise required by law, Tenant shall not prevent take any remedial action in response to the use, storage presence or existence release of any Hazardous Materials in Substances on or about the ordinary course Building Complex without first giving written notice of Tenant’s business in accordance with applicable laws and regulationsthe same to Landlord. Tenant covenants that it will at all times complyshall not enter into any settlement agreement, 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 axxxx 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 toconsent decree, 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 other compromise 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 claims relating to any Leased Property Hazardous Substances in any way connected with the Building Complex without first notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings. All costs and expenses incurred by Landlord in connection with any environmental audit shall be paid by Landlord (and may be included in Operating Expenses), except that if any such environmental audit shows that Tenant has failed to comply with the provisions of this Article, or any portion or portions thereof, that the Building Complex (including any past or current Release surrounding soil and any Release underlying or threatened release during adjacent groundwater) have become contaminated due to the Initial Term operations or activities in any Renewal Termway attributable to Tenant, then all of the costs and expenses of such audit shall be paid by Tenant. In the event Tenant's occupancy or conduct of business in or on the Leased Premises, 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 as Rent within ten (10) days after bills for such additional premiums shall be rendered by Landlord. In determining whether increased premiums are a result of Tenant’s 's use or occupancy of any the Leased Property during Premises, a schedule issued by the Initial Term or any extension or Renewal Term. (c) 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 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 shall promptly comply with all applicable Environmental Lawsreasonable requirements of the insurance authority or of any insurer now or hereafter in effect relating to the Leased Premises.

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 axxxx 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. (a) Tenant agrees that it will not onshall not, aboutwithout Landlord’s prior written consent, keep any substances designated as, or containing components now or hereafter designated as, hazardous, dangerous, toxic or harmful and/or subject to regulation under any Leased Propertyfederal, releasestate or local law, treat regulation or dispose of any ordinance (“Hazardous Materials; but Substances”) on or about the foregoing shall not prevent Premises or Building. Notwithstanding the preceding sentence, Tenant may keep, use, storage or existence store and dispose of, in, on and from the Premises, materials and supplies otherwise constituting Hazardous Substances which are normally used in general business offices, provided such materials and supplies are used, handled, stored and disposed of any Hazardous Materials in the ordinary course of Tenant’s business in accordance with all applicable governmental rules, regulations, laws and regulations. Tenant covenants that it will at all times complyrequirements, and will cause each Leased Property in accordance with all applicable manufacturers’ or suppliers’ recommendations. With respect to be in compliance with, in all material respects any Hazardous Substances stored with each applicable Environmental Law. If asbestos Landlord’s consent or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)permitted hereunder, Tenant shall: (i) preparepromptly, maintain timely 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 axxxx said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereof, (iii) completely comply with all Environmental Laws related governmental requirements for reporting and record keeping; submit to Asbestos Landlord true and correct copies of all reports, manifests and identification numbers at the same time as they are required to be and/or are submitted to the appropriate governmental authorities; within five (iv5) if the O&M Plan requires any remediationdays of Landlord’s request, provide evidence satisfactory to 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.governmental rules, regulations and requirements; and comply with all governmental rules, regulations and requirements regarding the proper and lawful use, sale, transportation, generation, treatment and disposal of Hazardous Substances. Any and all costs incurred by Landlord and associated with Landlord’s inspections of the Premises and Landlord’s monitoring of Tenant’s compliance with this paragraph 4210\002:08/06/09 -12- LEASE FORM TBARKE\XXXXXXX\LEASING ADVISORY

Hazardous Substances. (a) Tenant agrees that it will A. To the best of Landlord’s knowledge, the Premises and the Building are not on, about, or under any Leased Property, release, treat or dispose in violation of any Hazardous Materials; but the foregoing legal requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up and are in full compliance with Environmental Laws. B. Tenant shall not prevent permit the presence, handling, use, storage or existence transportation 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 Substances in or at about the Premises or the Building and, if Tenant breaches its obligations under this Article 41, Landlord may (a) immediately take any Leased Property and all action reasonably appropriate to remedy the same (“Asbestos”in which case, Tenant shall reimburse Landlord upon demand for all costs incurred in connection therewith), including taking all appropriate action to clean up or remediate any contamination resulting from the presence, handling, use, storage, disposal or transportation of Hazardous Substances or (b) require Tenant, at its sole cost and expense, perform any and all Remedial Work arising from, growing out of or related to any breach of the foregoing covenant by Tenant. Nothing herein shall prohibit Tenant shall: or any subtenant from using (i) prepare, maintain cleaning fluid 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 Plansupplies customarily used in school facilities, (ii) prevent any Asbestos from becoming friable chemicals and if any Asbestos does become friable, Tenant shall axxxx said Asbestos and dispose of it at a properly licensed landfill other laboratory materials customarily used in accordance with law as soon as practicable following the discovery thereofK-12 science labs, (iii) comply with all Environmental Laws related to Asbestos medical office supplies, medical equipment, pharmaceuticals and first aid kits customarily stored and used in school nurse’s offices, and (iv) if the O&M Plan requires arts and crafts materials customarily used in school facilities, any remediation, provide Landlord and Lender with written notice when such remediation is completed and expert certification of which may constitute Hazardous Materials but which are customarily present in schools; provided that such remediation has been completed satisfactorily use and storage in accordance the Premises shall at all times be in strict compliance with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release ofLegal Requirements, 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 that all 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, shall be removed from the Premises 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 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 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 LandlordExpiration Date. The Tenant agrees that it will not store combustible term “Remedial Work” shall mean all investigation, monitoring, restoration, abatement, detoxification, containment, handling, treatment, removal, storage, decontamination, clean-up, transport, disposal or flammable materials on any Leased Property except other ameliorative work or response action undertaken in compliance with all applicable Environmental Laws.connection with

Hazardous Substances. Except for substances normally used for maintenance or operation of retail and commercial projects which are used, stored, and disposed of in accordance with all applicable Environmental Regulations, Mortgagor (ai) Tenant agrees that it will shall not onstore, aboutlocate, or under any Leased Propertygenerate, produce, process, treat, transport, incorporate, discharge, emit, release, treat deposit or dispose of any Hazardous Materials; but Substance in, upon, under, over or from 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 PlanMortgaged Property, (ii) prevent shall not permit any Asbestos from becoming friable and if any Asbestos does become friableHazardous Substance to be stored, Tenant shall axxxx said Asbestos and dispose located, generated, produced, processed, treated, transported, incorporated, discharged, emitted, released, deposited, disposed of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofor to escape therein, thereupon, thereunder, thereover or therefrom, (iii) shall cause all Hazardous Substances found thereon to be properly removed therefrom and properly disposed of in accordance with all applicable Environmental Regulations, (iv) shall not install or permit to be installed any underground storage tank therein or thereunder, and (v) shall comply with all Environmental Laws related Regulations which are applicable to Asbestos the Mortgaged Property. Mortgagor shall indemnify, defend and hold harmless Mortgagee, its directors, officers, employees, agents, contractors, licensees, invitees, successors and assigns and any affiliate of Mortgagee which acquires title to the Mortgaged Property at a foreclosure or other sale or takes title to the Mortgaged Property pursuant to a deed in lieu of foreclosure under the provisions of this Mortgage (ivhereinafter collectively referred to as the “Indemnified Parties”) if the O&M Plan requires any remediationagainst, 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 ofhold Indemnified Parties harmless from, and shall remove reimburse the Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs, damages and expenses, including court costs and reasonable attorneys’ fees directly or indirectly incurred by the Indemnified Parties (prior to trial, at trial and on appeal) in any action, administrative proceeding or negotiations against or involving any of the Indemnified Parties, resulting from any breach of the foregoing covenants, from the incorrectness or untruthfulness of any warranty or representation set forth in Subsection 1.2(i) hereof, or from the discovery of any Hazardous MaterialsSubstance in, whether existing prior toupon, under or over, or occurring duringemanating from, the Term on any Leased Property and Mortgaged Property, whether or not arising out Mortgagor is responsible therefor, or whether or not it was placed, located, deposited or released by Mortgagor, it being the intent of Mortgagor and Mortgagee that the Indemnified Parties shall have no liability or in any manner connected responsibility (x) for damage or injury to human health, the environment or natural resources caused by, for abatement and/or clean-up of, or (y) otherwise with Tenant’s occupancy of such Leased Property during the Term. In addition respect to, and without limiting Paragraph 10, Hazardous Substances by virtue of this Lease, Tenant shall and the interest of Mortgagee in the Mortgaged Property created hereby does agree to defend, indemnify and hold each Lender, or as the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against result of Mortgagee exercising any and all causes of actions, suits, demands its rights or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilitiesremedies with respect thereto hereunder, including, but not limited to, reasonable attorneys’ fees becoming the owner thereof by foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties and costs covenants of litigationSubsection 1.2(i) and of this Section 1.18 shall be deemed continuing covenants, arising out representations and warranties for the benefit of the Indemnified Parties, and shall survive the satisfaction or in release of this Mortgage, any manner connected with (i) foreclosure of this Mortgage and/or any acquisition of title to the violation of any Environmental Law with respect to any Leased Mortgaged Property or any prior ownership part thereof by Mortgagee, or anyone claiming by, through or under Mortgagee by deed in lieu of any Leased Property; (ii) foreclosure or otherwise. Any amounts covered by 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 foregoing indemnification shall bear interest from the Landlorddate incurred at the Default Rate, shall be payable on demand, and shall be secured hereby. The Tenant agrees that it will not store combustible In no event shall Mortgagor be obligated by the provisions hereof to indemnify any Indemnified Party for matters, liabilities or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsexpenses arising from the gross negligence or willful misconduct of such Indemnified Party.

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 axxxx 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. (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 axxxx 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 Borrower hereby covenants and agrees that it so long as any Indebtedness of Borrower to Emeritus is outstanding: (i) Neither Borrower nor the Wholly Owned Subsidiaries will not onpermit its property or any portion thereof to be a site for the storage, aboutuse, generation, manufacture, disposal or under any Leased Property, release, treat or dispose transportation of Hazardous Materials in violation of Hazardous Materials Laws; (ii) Neither Borrower nor the Wholly Owned Subsidiaries will permit any Hazardous Materials; but Materials to be disposed of off its property other than in properly licensed disposal sites; (iii) Borrower and the foregoing Wholly Owned Subsidiaries, at their cost and expense, will keep and maintain their property and each portion thereof in compliance with and shall not prevent the use, storage cause or existence permit its properly or any portion thereof to be in violation 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 Laws; 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 axxxx 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 Borrower will immediately advise Emeritus in writing 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 Plan.Hazardous Material Claim.. (b) To the extent required by Environmental Laws, Tenant shall respond Borrower 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 Emeritus and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, Emeritus 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 costsattorneys' fees), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising directly or indirectly from or out of or in any manner way connected with (i) the violation accuracy of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Propertythe representations contained in Section 6.15 hereof; (ii) any activities on its property during Borrower's or any Wholly Owned Subsidiary's ownership, possession, or control of its property that directly or indirectly results in its property or any other property becoming contaminated with Hazardous Materials; (iii) the Release or threatened Release discovery of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials from, on or to any Leased Property the property of Borrower 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.its Wholly Owned Subsidiaries;

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 axxxx 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. Landlord has provided Tenant with copies of Landlord's environmental reports of the condition of the Buildings, and to the best of Landlord's knowledge and belief, there are no present hazardous or toxic substances at the Buildings which require remedial action. If hazardous or toxic substances or contaminants are discovered in, on or beneath the land or in or on any improvements located on the land of which the Premises is a part, unless placed or caused to be placed by Tenant, its employees, servants or its agents (ain which case Tenant shall promptly cause the removal and other necessary remedial action at Tenant's sole cost) Landlord, at Landlord's cost, shall promptly perform appropriate remedial action, to be completed in any event within sixty (60) days of the identification of the contamination. Upon failure so to complete, Tenant shall have the right, without further cost or obligation, to terminate this Lease upon written notice to Landlord stating the effective date of termination, and all of Tenant's liability hereunder shall cease from and after the date of termination and any unearned Rent or Extended Term Rent paid in advance by Tenant to Landlord shall be refunded to Tenant. Landlord also agrees that it will to hold harmless, indemnify and defend Tenant, and any services of Tenant with equipment and/or materials within the Premises, for any damage to said equipment, property and/or persons, involved in the administration, maintenance and operating of said equipment, as well as injuries to said persons or property caused by any hazardous or toxic substances at the Buildings (unless placed or caused to be placed by Tenant, its employees, servants or agents) and/or caused by Landlord's remedial activities in regard to said hazardous or toxic substances as set forth above. Tenant shall not onuse, aboutstore, or under bring into the Premises 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 "hazardous and toxic substances" other than in accordance with applicable laws law and regulations. For purposes of this section, "hazardous and toxic substances" includes, without limit, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the New York State Environmental Conservation Law, the Resource Conservation and Recovery Act, as amended, and in the regulations adopted and publications promulgated pursuant thereto. Tenant shall not use any equipment or devices which cause or create health risks or hazards as presently known or as determined in the future other than in accordance with applicable law and regulations. Tenant covenants that it will at all times comply, and will cause each Leased Property agrees 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 hold 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 axxxx 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 defendharmless, indemnify and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless defend Landlord from and against any and all causes of claims, actions, suits, demands or judgments etc. made by reason of Tenant's installation and/or use 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 such equipment 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 Termdevices. (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 represents, covenants, and warrants that it will not on, about, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing Tenant shall not prevent use the use, storage or existence of any Hazardous Materials Premises 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 such a copy of the O&M Plan to Landlord and, upon request of Landlord or Lender, promptly provide periodic updates manner so as to become liable under the progress Comprehensive Environmental Response Compensation and satisfaction of such O&M PlanLiability Act, 42 U.S.C. 9601, et seq. (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant "CERCLA"). In the event that there shall axxxx said Asbestos and dispose of it at be filed a properly licensed landfill in accordance with law as soon as practicable following lien against the discovery thereof, (iii) comply with all Environmental Laws related Premises pursuant 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 CERCLA arising from the O&M Planintentional or unintentional action or omission of Tenant or Tenant's employees, agents, contractors, licensees, invitees, assigns, or sub-tenants, then Tenant shall, within 30 days from the date Tenant is given notice of the lien or in such shorter a period of time in the event that the United States, or any agency or subdivision thereof, has commenced steps to cause the Premises to be sold pursuant to the lien, pay the claim and remove the lien from the Premises. If Tenant fails to do so by said period, Landlord shall be entitled to resort to such remedies as such are provided in the Lease as in the case of any default of the Lease, in addition to such as are permitted by law, in equity or otherwise. (b) To the extent required In amplification of these paragraphs related to environmental obligations, and not by Environmental Lawsway of limitation, Tenant shall respond to indemnify, defend and hold harmless Landlord from and against all fines, suits, procedures, claims, actions, damages, liabilities, judgments, costs and expenses (including, without limitation, reasonable attorney's fees) of 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 kind arising out of or in any manner way connected with Tenant or Tenant’s occupancy 's employees, agents, contractors, licensees, invitees, assignees or subtenants whose actions or inactions or failure to maintain the Premises results in any spills or discharges of such Leased Property hazardous substances, hazardous wastes, or pollutants at the Premises which occurred 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 actionsfines, suits, demands or judgments of any nature whatsoeverprocedures, lossesclaims, actions, damages, penaltiesliabilities, expenses, fees, claimsjudgments, costs and expenses (including response and remedial costs), and liabilities, including, but not limited towithout limitation, reasonable attorneys’ fees and costs attorney's fees) of litigation, any kind arising out of or in any manner connected Tenant's failure to comply with (i) the violation of any Environmental Law with respect to any Leased Property CERCLA 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 Termother environmental law. (c) The Tenant agrees that it will not install Tenant's obligations and liabilities under this Section 44 shall continue after expiration of the Term of this Lease for so long as Landlord remains responsible for any underground spills or above-ground storage tank discharges of hazardous substances or hazardous wastes at the Premises which occur or occurred during the Term of this Lease or during Tenant's occupancy of the Premises. (d) Landlord and any Leased Property without specificemployee, prior written approval from representative, agent or contractor of Landlord, or any federal, state, or local governmental body, agency or division having applicable jurisdiction, may enter the Landlord. The Tenant agrees that it will not store combustible or flammable materials on any Leased Property except in Premises for the purpose of inspecting same for compliance with all applicable Environmental Lawsany environmental law, at reasonable hours, upon reasonable prior notice. (e) The provisions of this Section 44 shall survive termination or earlier expiration of the Term.

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 axxxx 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 agrees that it will not onTo Seller's actual knowledge, about, without -------------------- independent investigation or under any Leased Property, release, treat or dispose imputation 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: knowledge (i) prepareno Hazardous Materials have been discharged, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy of 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 no underground storage tanks are located on the Property or were located on the Property and if any Asbestos does become friable, Tenant shall axxxx said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofsubsequently removed or filled, (iii) comply with all Environmental Laws related to Asbestos and (iv) if the O&M Plan requires any remediation, provide Landlord and Lender with Seller has received no written notice when such remediation is completed of any proposed, threatened or existing investigation, administrative order, consent order and expert certification that such remediation has been completed satisfactorily and in accordance agreement, litigation, or settlement with the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond respect to any release of, and shall remove any Hazardous Materials, whether existing prior toand (vi) the Property has not previously been used as a landfill, cemetery, or occurring duringas a dump for garbage or refuse; except, however, any information to the Term on contrary contained in the Phase I Environmental Site Assessment prepared by Xxxxxxxx & Associates, Inc., issued April 17, 1997, a copy of which has been furnished to Purchaser. At Closing, Seller shall represent and warrant to Purchaser that all representations and warranties of Seller in this Agreement remain true and correct as of the date of the Closing in all material respects, except for any Leased Property and whether or not arising out of or changes in any manner connected with Tenant’s occupancy of such Leased Property during the Termrepresentations or warranties that occur prior to Closing and that are disclosed by Seller to Purchaser from time to time prior to Closing upon their occurrence. In addition to, If there is any material 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 adverse change in any manner connected with representations or warranties and Seller elects not cure or correct such changes prior to Closing, then Purchaser may, at Purchaser's option, (i) close and consummate the violation of any Environmental Law with respect to any Leased Property transaction contemplated by this Agreement, or any prior ownership of any Leased Property; (ii) terminate this Agreement by written notice to Seller, whereupon the Release Xxxxxxx Money shall be immediately returned by Escrow Agent to Purchaser, and thereafter the parties hereto shall have no further rights or threatened Release obligations hereunder, except only for such rights or obligations that, by the express terms hereof, survive any termination 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 LandlordAgreement. The Tenant agrees provisions of this Section 8 shall survive Closing for a period of 90 days and not be merged into the delivery of the Special Warranty Deed, provided however, that it will representations and warranties covering matters which could have been discovered by Purchaser prior to Closing in the exercise of commercially reasonable due diligence shall not store combustible or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawssurvive Closing but shall be merged into the delivery of the Special Warranty Deed.

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 axxxx 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. (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 axxxx 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. Tenant shall not cause or permit any Hazardous Substances to be brought upon, produced, stored, used, discharged or disposed of in or near the Premises unless Landlord has consented to such storage or use in its sole discretion. Tenant may use, however, Hazardous Substances in such manner and at such levels as contained in customarily used office and cleaning supplies, provided that Tenant shall be fully liable for such use, shall promptly remove such products at the termination of this Lease and shall report promptly to Landlord any spill or discharge or such products in excess of normal usage. "Hazardous Substances" include those hazardous substances described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq., any other applicable federal, state or local law, and the regulations adopted under these laws (a"Environmental Laws"). If any lender or governmental agency shall require testing for Hazardous Substances in the Premises, Tenant shall pay for such testing. Landlord represents and warrants that as of the date hereof Landlord has no present knowledge and received no notice of any spill or discharge of Hazardous Substances on the Premises that would constitute a current violation of Environmental Laws. Landlord shall be liable for any Hazardous Substances located on the Premises and not used, stored and disposed of in accordance with Environmental Laws which existed on the Premises prior to the Commencement Date. If Landlord fails to initiate any clean-up or other action required pursuant to Environmental Laws, then upon thirty (30) days prior written notice to Landlord, Tenant agrees that it will shall have the right, but not onthe obligation, aboutto perform such action as required by Environmental Laws in which event (i) during the first twenty-four (24) months of this Lease, or under Tenant's Base Rent shall be offset by and (ii) thereafter Landlord shall promptly reimburse Tenant for, the actual costs incurred by Tenant in undertaking the same. If the event of any Leased Property, release, treat or dispose release 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 withSubstance on, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present from the Premises in violation of this Lease by Tenant, or at any Leased Property (“Asbestos”)of its agents, Tenant shall: (i) prepareemployees, maintain servants, contractors, licensees 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 friableinvitees, Tenant shall axxxx said Asbestos and dispose of it at a properly licensed landfill immediately clean-up or initiate any other action in accordance with law as soon as practicable following the discovery thereof, (iii) order to comply with all Environmental Laws related Laws. In the event Tenant fails to Asbestos and immediately take such appropriate action, upon thirty (iv30) if the O&M Plan requires any remediation, provide Landlord and Lender with days written notice when to Tenant, Landlord shall have the right, but not the obligation, to perform 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 actions as required by Environmental Laws, Laws in which event Tenant shall respond to promptly reimburse Landlord for its actual costs in undertaking the same. Tenant shall indemnify and hold harmless Landlord of and from any release ofand all liabilities (including strict liabilities), penalties, demands, actions, costs and shall remove any Hazardous Materialsexpenses (including without limitation legal fees and expenses), whether existing prior toincurred or suffered by Landlord or asserted by a third party against Landlord, directly or occurring during, the Term on any Leased Property and whether or not indirectly arising out of or due to the breach of Tenant's obligations set forth in any manner connected with Tenant’s occupancy this Section 25 or otherwise as a result of such Leased Property the release or unlawful presence of Hazardous Substances on the Premises after the Commencement Date and 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, unless 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 release is as a result of actions, suits, demands the negligence or judgments willful misconduct 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 Such indemnification shall survive the expiration or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawsearlier termination of this Lease.

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 axxxx 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) 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 axxxx 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 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 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 take such corrective action within twenty-four (24) 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, 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) Except as otherwise provided for in this lease, Tenant agrees that it will not onto cause, aboutpermit or suffer any release or discharge onto or in the vicinity of the leased premises of any hazardous, toxic or radioactive material or substance, including without limitation oil (collectively, “Hazardous Substances”) regulated by any local, state or Federal law or regulation (for example, the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, the Massachusetts Hazardous Waste Management Act and the Massachusetts Oil and Hazardous Material Release Prevention Act) now in existence or hereafter enacted (collectively, “Hazardous Substance Laws”) in violation of any such Hazardous Substance Laws. Tenant agrees, at Tenant’s sole cost and expense, to remove from the leased premises and the air and buildings adjacent to, and land and water under and adjacent to, the leased premises any Hazardous Substance which may be released thereon in violation of any such Hazardous Substance Laws by Tenant’s act, neglect or omission without regard to fault, provided such Hazardous Substances were introduced in the leased premises or the Building by Tenant, its employees, agents, invitees, subtenants, or under occupants. In the event that Tenant receives from any Leased Propertyfederal, release, treat state or dispose local governmental agency any notice of violation or alleged violation of any Hazardous Materials; but the foregoing shall not prevent the usehazardous Substance Law for acts, storage neglect, or existence omission of Tenant or as otherwise provided for herein, Xxxxxx agrees to forward to Landlord a copy of any Hazardous Materials in the ordinary course such notice within five (5) business days of Tenant’s business receipt thereof, and Xxxxxx agrees to take all steps necessary to bring Xxxxxx’s use of the Premises into compliance with such Hazardous Substance Law and any other applicable law or regulation. Notwithstanding the foregoing, Tenant may store and use typical office cleaning supplies, in customary quantities, in accordance with applicable laws and regulationsall laws. Tenant covenants that it will at all times comply, and will cause each Leased Property Xxxxxx agrees 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 solely responsible for 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 axxxx 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 assignsas Additional Rent, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless from and against any and all causes of actions, suits, demands or judgments liability arising from the breach of any nature whatsoeverof Tenant’s covenants and agreements under this Section 9, losses, damages, penalties, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, without implied limitation reasonable attorneys’ fees and costs incurred by Landlord in connection therewith, whenever such liability shall arise and for as long as Landlord remains so liable. Tenant shall be liable for any breach of litigationTenant’s obligations under this Section 9 without regard to fault. At Landlord’s request upon reasonable cause to believe there was release of hazardous materials by Tenant, arising out of or in any manner connected with (i) Landlord shall cause the violation leased premises and the Building and land, air and water related thereto to be inspected by a qualified professional satisfactory to Landlord for the presence of any Environmental material or substance prohibited or regulated under any Hazardous Substance Law and to obtain and forward to Landlord the professional’s written report setting forth the scope and results of such inspection, with respect costs to be paid by Xxxxxx, and Tenant shall cooperate in the event any Leased Property or any prior ownership of any Leased Property; (ii) such inspection shall be required, giving proper access to 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 Termleased premises. (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 axxxx 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) Tenant agrees represents and warrants to Landlord that it will shall not ontransport, aboutuse, or under any Leased Propertystore, maintain, generate, manufacture, handle, dispose, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage or existence of discharge any Hazardous Materials (as hereinafter defined) upon or about the Leased Premises in violation of any applicable laws, nor permit any of its agents, representatives, employees, contractors, subcontractors, subtenants, licensees or invitees to engage in such activities upon or about the ordinary course of Tenant’s business in accordance with applicable laws and regulations. Tenant covenants that it will at all times complyLeased Premises, and will cause each Leased Property Tenant further agrees to be in compliance withindemnify, 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 axxxx 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 defend 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, suits, demands or judgments of any nature whatsoeverdamages, losses, damagesrisks, penaltieslitigation, expenses, fees, claims, costs liabilities and expenses (including response reasonable attorneys' fees and remedial costs), from any claim now existing or which may arise due to Environmental Liabilities (as defined hereinafter), Xxxxxx's breach of said representation and liabilitieswarranty or violation of Environmental Law (as hereinafter defined). However, includingthe foregoing provisions shall not prohibit products of the type and in the amounts typically used or sold in the ordinary course of business in connection with the operation of the Tenant's business, but not limited to, reasonable attorneys’ fees and costs of litigation, arising out of or in any manner connected with provided: (i) such substances shall be used and maintained only in such quantities as are reasonably necessary for Tenant's permitted use of the violation of any Leased Premises, in accordance with Environmental Law with respect to any Leased Property or any prior ownership of any Leased Propertyand the manufacturers' instructions therefor; (ii) such substances shall not be disposed of, released, or discharged at the Release Leased Premises and shall be transported to and from the Leased Premises in compliance with Environmental Law, (iii) if Environmental Law or threatened Release Tenant's trash removal contractor requires that any such substances from the Leased Premises be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's cost and expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site, and shall ensure that disposal occurs frequently enough to prevent unnecessary storage or failure accumulation of such substances in the Leased Premises, or on the Land, and (iv) any remaining such substances shall be completely, properly and lawfully removed by Tenant from the Leased Premises upon expiration or earlier termination of this Lease or Xxxxxx's right to remove or otherwise remediatepossession. 13 26791991v12 (b) TENANT FOREVER RELEASES AND DISCHARGES LANDLORD AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LOSSES WHICH ARISE OUT OF, as required by this Paragraph 26OR ARE ALLEGED TO HAVE ARISEN OUT OF: (A) THE VIOLATION OF ANY ENVIRONMENTAL LAW BY ANY PERSON (OTHER THAN LANDLORD OR ANY OF ITS AFFILIATES) IN CONNECTION WITH THE LEASED PREMISES; OR (B) THE PRESENCE, Hazardous Materials fromUSE, on or to any Leased Property or any portion or portions thereofGENERATION, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal TermSTORAGE, 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 TermREMEDIATION OR RELEASE OF HAZARDOUS MATERIAL ON, UNDER, AT OR ABOUT THE LEASED PREMISES ATTRIBUTABLE TO THE ACTIONS OR OMISSIONS OF ANY PERSON (INCLUDING LANDLORD AND ITS AFFILIATES). WITHOUT LIMITING THE FOREGOING, THIS RELEASE SHALL INCLUDE ANY AND ALL COSTS FOR ANY INVESTIGATIONS OF THE LEASED PREMISES AND OTHER AFFECTED PROPERTY, ANY CLEANUP, REMOVAL, REPAIR, REMEDIATION OR RESTORATION OF THE LEASED PREMISES AND OTHER AFFECTED PROPERTY, THE PREPARATION OF ANY WORK PLANS REQUIRED OR PERMITTED BY ANY GOVERNMENTAL AUTHORITY, THE PREPARATION OF ANY CORRECTIVE ACTION, CLOSURE OR OTHER PLAN OR REPORT, AND ALL FORESEEABLE AND UNFORESEEABLE CONSEQUENTIAL DAMAGES, IN EACH CASE ARISING DIRECTLY OR INDIRECTLY OUT OF THE PRESENCE, USE, GENERATION, STORAGE, REMEDIATION OR RELEASE OF HAZARDOUS MATERIAL BY ANY PERSON ON, UNDER, AT OR ABOUT THE LEASED PREMISES. (c) The Tenant agrees that it will not install shall promptly notify Landlord upon the Tenant becoming aware of: (i) any underground enforcement, cleanup, or aboveother regulatory action taken or threatened against Tenant by any governmental or regulatory authority with respect to the presence of any Hazardous Material at the Leased Premises, or the migration thereof from or to other property, (ii) any demands or claims made or threatened by any party against Tenant relating to any loss or injury resulting from any Hazardous Material, (iii) any unlawful release, discharge, or non-ground storage tank at routine, improper or unlawful disposal or transportation of any Leased Property without specific, prior written approval Hazardous Material on or from the LandlordLeased Premises and (iv) any matters where Tenant is required by Environmental Law to give a notice to any governmental or regulatory authority respecting any Hazardous Materials in the Leased Premises. The Landlord shall have the right (but not the obligation) to join and participate, as a party, in any legal proceedings or actions affecting the Leased Premises, or the Land initiated in connection with Environmental Law. At such times as Landlord may reasonably request, Tenant agrees that it will not store combustible shall provide Landlord with a written list identifying any Hazardous Material then actually known to Tenant to be the used, stored, or flammable materials maintained in, on or upon the Land. Tenant shall additionally provide Landlord information with respect to the use and approximate quantity of each such material, a copy of any Leased Property except in compliance with all applicable material safety data sheet issued by the manufacturer therefor, written information concerning the removal, transportation, and disposal of the same, and such other information as Landlord may reasonably require or as may be required by Environmental LawsLaw.

Hazardous Substances. (a) Tenant agrees that it will Subtenant shall not on, aboutuse in any way, or under permit or suffer the use of Demised Premises or any Leased Propertypart thereof, releaseeither directly or indirectly, treat for the preparation, production, generation, manufacturing, refining, treatment, transportation, storage, maintenance, handling, disposal of, transfer, or dispose processing of any Hazardous Materials; but Substance except for storage and removal of goods customary to Subtenant's business, which shall in all ways comply with all the foregoing requirements of governmental authorities applicable thereto, and all of which shall not prevent be removed by Subtenant from Demised Premises in compliance with all requirements of governmental authorities applicable thereto prior to the expiration or termination of this Sublease and all at Subtenant's sole cost and expense. "Hazardous Substance" means any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea formaldehyde foam insulation, asbestos, PCB's, or any other substances the removal of which is required, or the manufacture, preparation, production, generation, use, storage maintenance, treatment, storage, transfer, handling, disposal, discharge or existence ownership of which is restricted, prohibited, regulated or penalized by 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 complyfederal, and will cause each Leased Property to be in compliance withstate, in all material respects with each applicable Environmental Law. If asbestos county or asbestos-containing materials are present in municipal statutes or laws, rules or regulations now or at any Leased Property (“Asbestos”)time hereafter in effect, 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 axxxx 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’ the Comprehensive Environmental Response, Compensation, and Liability Act (42 USC 'SS' 9601 et, seq.); and the Resource Conservation and Recovery Act (42 USC 'SS' 6901 et seq.) as these laws have been or may be amended or supplemented. Subtenant represents and warrants that no Hazardous Substance will be stored (except as expressly permitted in this Section) on the Demised Premises and that during the Term of this Sublease, no Hazardous Substance will be discharged, spilled or leaked on or within Demised Premises or the improvements thereto. Subtenant agrees that such representations and warranties shall survive any termination of this Sublease and Subtenant agrees to indemnify and hold harmless the Landlord and Master Landlord from any and all costs, expenses, claims and damages, including but not limited to attorney's fees and costs of litigationremediation, arising out of or in any manner connected with (i) the violation from Subtenant's breach of any Environmental Law with respect to of the agreements, prohibitions, representations, and/or warranties of this Section. Landlord acknowledges that Subtenant shall have no liability for existing environmental conditions on the Demised Premises as of the date of this Sublease, nor shall Subtenant be responsible for any Leased environmental conditions hereafter caused by Landlord or any other tenant of the Property or any prior ownership of any Leased Property; (ii) the Release said tenant's agents, employees, 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 Termcontractors. (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 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 axxxx 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. (a) Tenant agrees Contractor shall transport and handle all Hazardous Substances that it will not on, about, Contractor or under any Leased Property, release, treat or dispose of any Hazardous Materials; but its Subcontractors brings to the foregoing shall not prevent the use, storage or existence of any Hazardous Materials in the ordinary course of Tenant’s business Site in accordance with all applicable laws Environmental Laws. Contractor and regulationsits Subcontractors shall label Hazardous Substances that each brings to the Site and shall train their personnel in the safe usage and handling of such Hazardous Substances, including any training that is required by Applicable Law. Tenant covenants that it will at Contractor shall bear all times complycosts and expenses and shall be solely liable for any reporting, and will cause each Leased Property to be in compliance withresponse, removal, transportation, disposal, investigation, cleanup or other investigatory, remedial, or corrective action (in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present cases by licensed, insured, competent and professional contractors 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 axxxx 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 safe manner and in accordance with Applicable Law) required by any Applicable Law, including Environmental Laws, as a result of any Hazardous Substances that are brought on, transported to, handled, treated, released, generated, disposed, discharged, used or stored on or at the O&M PlanSite by Contractor or any of its Subcontractors or any Person for whom any of them may be responsible. As between Owner and Contractor, Owner shall be liable (and shall arrange) for the reporting, response, removal, transportation, disposal, investigation, cleanup or other investigatory, remedial, or corrective action (in all cases by licensed, insured, competent and professional contractors in a safe manner and in accordance with Applicable Laws) required by any Applicable Law, including Environmental Laws, as a result of (i) any Hazardous Substances properly brought to the Site by Contractor or its Subcontractors in quantities reasonably necessary for the performance of the Work of which Owner had knowledge of the same and which were subsequently released or discharged by Owner (but only to the extent of such release or discharge by Owner or for any Person for whom Owner may be liable other than Contractor or its Subcontractors) or (ii) any Pre-Existing Hazardous Substances existing at the Site as of the Effective Date (except to and only to the extent Contractor, its Subcontractors or any Person for whom any of them may be responsible had knowledge of the same and subsequently released, discharged or exacerbated the same). Contractor shall not commence or continue any construction activities on any portion of the Site on, in or under which remedial actions related to such Hazardous Substances are to be (or are being) performed until such actions are to the point where Contractor’s construction activities will not interfere with such remedial actions. The terms and provisions of this Section 2.24 shall survive the expiration or termination of this Agreement. (b) To Throughout performance of the extent required by Environmental LawsWork, Tenant Contractor and its Subcontractors shall respond conduct all operations in such a way as to minimize impact upon the natural environment and prevent any release of, or spread of contaminated or Hazardous Substances. In the event Contractor or its Subcontractors encounter at the Site any material reasonably believed to be contaminated or a Pre-Existing Hazardous Substance in such quantities or at such levels that may require investigation or remediation pursuant to Applicable Law 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 as a result of the performance of the Work, Contractor and its Subcontractors shall take reasonable precautions to avoid exacerbating any such material reasonably believed to be contaminated or a Pre-Existing Hazardous Substance and immediately stop work in the affected area and notify Owner of the condition. Pending receipt of written instructions from Owner, Contractor shall not resume Work in the affected area. If any manner connected with Tenantsuch Pre-Existing Hazardous Substance (or any such material reasonably believed to be contaminated or a Pre-Existing Hazardous Substance) that has not been disclosed in the Environmental Reports directly causes a demonstrated increase in Contractor’s occupancy of such Leased Property during cost to perform 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, Work 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 time required for performance of any nature whatsoeverpart of the Work, losses, damages, penalties, expenses, fees, claims, costs (including response an equitable adjustment shall be made in the Contract Price 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 TermMilestone Schedule. (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 regulated, restricted, prohibited or penalized by any Environmental Law. 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 axxxx 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 Laws. If any Hazardous Substance is discovered outside the Premises and Section Two Page 25 Landlord Initials: /s/ ONB such Hazardous Substance was brought into the Building or parking areas by Tenant or Tenant’s employees or contractors, Tenant, at Tenant’s sole cost and expense, will immediately take such action as is necessary to Asbestos detain the spread of and (iv) if remove the O&M Plan requires any remediationHazardous Substance to the satisfaction of Landlord. Landlord shall have access to, provide Landlord and Lender a right to perform inspections and tests of, the Premises to determine Tenant’s compliance 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, its obligations under this Section 21, or the environmental condition of the Premises. Such inspections and tests shall be at Landlord’s expense unless such inspections or tests reveal that Tenant has not complied with Environmental Laws, in which case Tenant shall respond to any release of, reimburse Landlord for the reasonable cost of such inspection 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 tests. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives any manner connected with rights that Landlord holds against 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 that it will Except for the hazardous materials and substances and the use thereof required to construct and to operate and maintain the Improvements, the Grantor 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 Grantor shall give immediate written notice to the Bank of such occurrence or existence. If the Grantor fails to keep the Real Estate or Improvements free of such Prohibited Substances, the Bank 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 comply, and will cause each Leased Property Bank's opinion 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 axxxx said Asbestos remove and dispose of it such Prohibited Substances. All amounts spent by the Bank for the removal and disposal of such Prohibited Substances and the return of the Real Estate and Improvements to a condition free of Prohibited Substances shall become a debt due by the Grantor to the Bank and at once payable, without demand or notice, and shall become a properly licensed landfill part of the Debt secured by this security deed, to bear interest as provided in accordance with law as soon as practicable following the discovery thereof, (iii) comply with all Environmental Laws related to Asbestos and (iv) if Note from 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 date of payment by the O&M PlanBank until paid by the Grantor. (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 Grantor 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 Grantor's knowledge threatened; (ii) the Release Grantor 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 Grantor'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 Grantor'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 Grantor shall give immediate written notice to the Bank 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 Grantor's ownership of the Real Estate. The Grantor shall indemnify and hold the Bank 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 Grantor's ownership of the Real Estate. The indemnity provisions of this paragraph 9 shall survive the satisfaction of this security deed and shall continue in full force and effect notwithstanding the payment of the Debt in full for claims arising during or preceding the Grantor's ownership of the Real Estate.

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 axxxx 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. (a) Tenant agrees that it will not onIf, 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 performance of the Work, HPD encounters on the Project Site any matter which it reasonably believes is a Hazardous Substance that may require response, removal, cleanup or other remedial action under applicable Environmental Laws, then HPD shall immediately suspend the Work in the area affected and report the condition to NSI by telephone and in writing. In any such event, the obligations and duties of the Parties hereto shall be as follows: (i) If it is determined that such condition involves an Existing Hazardous Substance, then HPD shall have no obligation with respect to such condition, and NSI shall, at its sole cost and expense, perform any response, removal, cleanup or other remedial action required by applicable Environmental Laws; (ii) If it is determined that such condition involves a Hazardous Substance introduced to the Project Site by HPD or its Subcontractors, then any response, removal, cleanup or other remedial action required by applicable Environmental Laws shall be performed by HPD at its sole cost and expense; or (iii) If, by agreement of the parties or in accordance with Article 12, it is determined that the condition does not involve a Hazardous Substance that requires response, removal, cleanup or other remedial action under applicable laws Environmental Laws, HPD shall resume the portion of the Work that had been suspended. Such time period involved in determining that the condition did not involve a Hazardous Substance that required response, removal, cleanup or other remedial action shall constitute an Excusable Event. The Parties acknowledge and regulations. Tenant covenants agree that it will at all times complyHPD shall not commence or continue any construction activities on any portion of the Project Site on, and will cause each Leased Property in or under which remedial actions are to be in compliance with(or are being) performed until such remedial actions are to the point where construction activities will not interfere with such remedial actions, in all material respects with each as evidenced by appropriate certifications from the applicable Environmental Lawenvironmental engineer and/or remediation contractor and any required approvals of any applicable Governmental Authorities. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)NSI disagrees with the belief by HPD that a Hazardous Substance requiring remediation exists, 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 it may refer such disagreement to the progress and satisfaction of dispute resolution procedures set forth in Article 12; provided, however, HPD shall have no obligation to continue work until such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall axxxx said Asbestos and dispose of it at a properly licensed landfill in accordance with law time 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 Dispute is completed and expert certification that such remediation has been completed satisfactorily and in accordance with the O&M Planresolved. (b) To the extent required by Environmental LawsNSI shall indemnify, 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 HPD from and against any and all causes of actionsclaims, demands, suits, demands or judgments liabilities, causes of any nature whatsoeveraction, losses, damages, penaltiescosts, expenses, feesdamages, claims, costs (including response fines and remedial costs), and liabilitiespenalties, including, but not limited towithout limitation, court costs and reasonable attorneys’ fees and costs of litigationfees, arising out or resulting from the existence of Existing Hazardous Substances at the Project Site HPD shall indemnify, defend and hold harmless NSI from and against any and all claims, demands, suits, liabilities, causes of action, losses, costs, expenses, damages, fines and penalties, including, without limitation, court costs and reasonable attorneys’ fees, arising or in resulting from any manner connected with (i) Hazardous Substances which were introduced to, or exacerbated at, the violation of any Environmental Law with respect to any Leased Property Project Site by HPD or any prior ownership of any Leased Property; (ii) its Subcontractors. The preceding indemnification, defense and hold harmless obligations shall survive the Release termination or threatened Release expiration 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 TermAgreement. (c) The Tenant agrees parties acknowledge that it will not install neither HPD nor NSI have provided the other Party with any underground or above-ground storage tank notice of the presence of any Existing Hazardous Substances at any Leased Property without specificthe Project Site arising out of HPD’s work conducted pursuant to the Engineering Services Agreement dated March 30, 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 Laws2009.

Hazardous Substances. (a) Tenant agrees acknowledges that the only Hazardous Substances it will not onuse on the Premises are set forth on Exhibit H attached hereto and Tenant's use of such Hazardous Substances shall be in accordance with all applicable laws. In the event the Tenant begins to use Hazardous Substances at the Premises other than those listed on Exhibit H, aboutthe Tenant will immediately notify the Landlord of the same and provide such detail regarding the same the Landlord may reasonably require. Prior to the termination of the Lease, all Hazardous Substances used by the Tenant shall be removed and remediated from the Premises at the Tenant's sole cost and expense in accordance with all applicable laws. In no event shall the Tenant use Hazardous Substances at the Premises violations of laws or to an extent that will cause applicable insurance coverage to be ineffective. Tenant shall indemnify and hold harmless Landlord from any claim, demand, liability, damage, loss or expense that Landlord might suffer from the breach of this Section 9.20 by Tenant, its employees, officers, contractors, subcontractors, agents, invitees, subtenants or assignees, or under any Leased Property, release, treat or dispose as the result of any Hazardous Materials; but Substance used or introduced by Tenant, its employees, officers, contractors, subcontractors, agents, invitees, subtenants or assignees, at or to the foregoing shall not prevent Premises. "Hazardous Substances" means and includes any of the usesubstances, storage materials, elements or existence of any Hazardous Materials compounds that are contained in the ordinary course list of Tenant’s business in accordance with applicable laws hazardous substances adopted by the United States Environmental Protection Agency (the "EPA") and regulations. Tenant covenants that it will at all times complythe list of toxic pollutants designated by the United States Congress or the EPA and substances, and will cause each Leased Property to be in compliance withmaterials, in all material respects with each applicable Environmental Law. If asbestos elements or asbestos-containing materials are present in compounds affected by any other federal, state or local statute, law ordinance, code, rule regulation, order or decree now or at any Leased Property (“Asbestos”)time hereafter in effect regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic, dangerous, restricted or otherwise regulated waste, substance or material, as now or at any time hereafter in effect. In no event shall Tenant shall: (i) preparehave any liability with respect to Hazardous Substances used, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and introduced or located on the Premises at any time by any person or entity except Tenant or any of its employees, officers, contractors, subcontractors, agents, invitees, subtenants, or assignees. Landlord shall provide a copy to Tenant copies of all environmental reports and studies obtained by Landlord in connection with its purchase 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 axxxx 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 ofPremises, and shall remove any Hazardous Materialsallow Tenant reasonable access to the Premises prior to the Turnover Date in order that Tenant may conduct such environmental tests as Tenant may deem necessary. Landlord shall also make reasonable, whether existing prior togood faith efforts to cause the environmental indemnity provisions, 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 10if any, of this Leasethe purchase contract described in Section 19.22 hereof to include Tenant, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, the Trustee and Landlord, their respective its successors and assigns, officers, directors, shareholders, partners, members, affiliates, as indemnified parties and third party 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 Termsuch indemnity provisions. (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 pollutants, contaminants, or 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, 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 be conducted on the Premises that will produce any Hazardous Substance, except 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; Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency in connection with any use of Hazardous Substances in the Premises by Tenant; (B) 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 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 in connection with applicable laws and regulations. any use of Hazardous Substances in the Premises by Tenant; (C) no portion of the Premises will be used as a landfill or a dump; (D) Tenant covenants will not install any underground tanks of any type; (E) Tenant will not allow any surface or subsurface conditions to exist or come into existence that it constitute, or with the passage of time may constitute a public or private nuisance; (F) Tenant will at all times complynot permit any Hazardous Substances to be brought onto the Premises, except for the Permitted Materials described above, and will cause each Leased Property 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 for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be reasonably determined, that said Permitted Materials are being improperly stored, used, or disposed of, then Tenant shall immediately take such corrective action as reasonably required. 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 Premises are found to be so contaminated or subject to said conditions due to any contamination of the Premises by Tenant, or Tenant's employees, contractors, or invitees, Tenant shall diligently institute proper and thoroughcleanup 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 Premises, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from or as a result of the use of the Premises by Tenant. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or expiration of this Lease. Landlord acknowledges that Tenant will use chemicals, supplies and equipment in compliance withconnection with Tenant's use of the Premises, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property typical to comparable office/warehouse/distribution center uses, (“Asbestos”such as, by way of example, but without limitation, industrial lubricants, batteries and battery chargers, cleaning agents, etc.), and, provided that Tenant shall: follows all applicable laws, such use shall not be considered a violation of the terms of this Lease. During the Lease Term, both Parties shall promptly provide the other Party 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 State of Indiana Environmental Protection Agency 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 axxxx 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, Substance 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, 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 PropertyPremises; (ii) the Release imposition of any lien on the Leased Premises, or threatened Release (iii) any alleged violation of or failure responsibility under any Environmental Law. Landlord shall provide to remove Tenant a copy of the Phase I Environmental Assessment dated and the associated Reliance Letter dated attached hereto and incorporated herein as Exhibit E. Within thirty (30) days after the expiration of the Lease Term, Tenant shall commission, at Tenant sole cost and expense, a new Phase I Environmental Assessment addressing the then current condition of the Premises, and within thirty (30) days thereafter Tenant shall provide to Landlord a copy of such new Phase I Environmental Assessment and any associated Reliance Letter (if applicable). To the best of Landlord's knowledge, neither Landlord nor any previous owner or otherwise remediateTenant, as required by this Paragraph 26released or discharged on, Hazardous Materials fromunder, on in, or to any Leased Property about the Premises, the Building, or any portion property adjacent thereto, or portions thereoftransported any Hazardous Substance to or from the Premises and/or the Building, including any past or current Release and any Release or threatened release during the Initial Term or any Renewal Termproperty adjacent thereto. Landlord shall not cause or knowingly permit the presence, whether use, generation, release, discharge, storage, or not arising out disposal of any Hazardous Substance on, under, in, or about, or in any manner connected with Tenant’s occupancy the transportation of any Leased Property during Hazardous Substance to or from the Initial Term Premises and/or the Building, or any extension or Renewal Term. (c) The Tenant agrees that it will not install property adjacent thereto, in violation of any underground or above-ground storage tank at any Leased Property without specific, prior written approval from the Landlordapplicable laws. The Premises and/or the Building, or any property adjacent thereto, is not in violation of any Applicable Law. Tenant agrees that it will shall not store combustible be liable for the removal and/or disposal of any Hazardous Substance, including, without limitation, any Hazardous Substance used in the construction of the Premises and or flammable materials on any Leased Property except the Building which, now or in compliance with all applicable Environmental Lawsthe future, may violate Applicable Law (as hereinafter defined).

Hazardous Substances. (a) Tenant agrees that it will A. Contractor shall not oncause Hazardous Substances to be brought upon or used in or about the Project Site and/or any other property owned, aboutleased, controlled or under any Leased the jurisdiction of Township (hereafter, the “Owner's Property”) by Contractor, releaseits employees, treat or dispose subcontractors of any Hazardous Materials; but the foregoing shall not prevent the usetier, 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 complysuppliers, and will cause each Leased Property to anyone for whose acts and/or omissions for whom Contractor may be in compliance withliable (hereafter, in all material respects with each applicable Environmental Lawcollectively, the “Contractor’s Agents”). If asbestos the presence of Hazardous Substances brought upon or asbestos-containing materials are present used in or at about any Leased of the Owner's Property (“Asbestos”)by or on behalf of Contractor or Contractor's Agents in violation of this Paragraph, Tenant shall: (i) prepareresults in contamination of the said property, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) Contractor shall pay for all actual costs of clean up and shall provide a copy of the O&M Plan to Landlord andindemnify, 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 axxxx 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 ofhold harmless, and shall remove any Hazardous Materials, whether existing prior to, or occurring during, defend 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 Indemnified Parties (described above) and against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damages, penalties, expenses, fees, claims, costs demands, expenses (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees fees), costs, fines, penalties, and other liabilities of any and every kind and nature, including, but not limited to, costs and expenses incurred in connection with any clean-up, remediation, removal, or restoration work required by any federal, state or local governmental authority because of litigationthe presence of any such Hazardous Substances on or about said property. Contractor's indemnification obligations and duties hereunder shall survive the termination and/or expiration of this Agreement. Project Agreement – Palatine Township Center Building Re-Roof with SPF – Page 8 B. For purposes hereof, arising out Hazardous Substances shall include, but not be limited to, substances defined as “hazardous substances” and/or “toxic substances” in the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the federal Hazardous Materials Transportation Act, as amended; and the federal Resource Conservation and Recovery Act, as amended (“RCRA”); those substances defined as “hazardous substances,” “materials,” or “wastes” under any Federal law or the law of the State of Illinois; and as such substances are defined in any manner connected with regulations adopted and publications promulgated pursuant to said laws (i) hereafter, collectively, the “Environmental Laws”). If Contractor’s activities or the activities of any of Contractor’s Agents violate or create a risk of violation of any Environmental Law with respect Laws, Contractor shall cause such activities to any Leased Property cease immediately upon notice from Township or any prior ownership Engineer. Contractor shall immediately notify Township and Engineer both by telephone and in writing of any Leased Property; (ii) the Release spill or threatened Release unauthorized discharge of Hazardous Substances 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 condition constituting an “imminent hazard” under 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 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 axxxx 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 axxxx 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 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 axxxx 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, xxxxx 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 Xxxxxx Xxxxxxx 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, Xxxxx 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, xxxxx 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) 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 axxxx 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. (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 axxxx 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) 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 axxxx 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 4000 Xxxxxxx Xxxxxx and has no obligations or liabilities arising therefrom.

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 axxxx 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 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 axxxx 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 axxxx 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. 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 axxxx 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. (a) Tenant agrees that it will not onSo long as Borrower owns or is in -------------------- possession of the Properties, 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: Borrower (i) prepare, maintain and timely comply with an asbestos operations and maintenance plan (an “O&M Plan”) and shall provide a copy keep the Properties free from Hazardous Substances unrelated to the operation of the O&M Plan Property in question by Borrower or any tenant thereof and in compliance with all Environmental Laws and provided that Borrower shall not generate, store, handle, process, dispose of or -------- otherwise use Hazardous Substances (or knowingly permit tenants under any Leases to Landlord anddo any of the foregoing) at, upon request in, on, under or about any of Landlord or the Properties in a manner that could reasonably foreseeably lead to the imposition on Borrower, Lender, promptly provide periodic updates as to the progress and satisfaction or any Property of such O&M Planany liability or lien of any nature whatsoever under any Environmental Laws, (ii) prevent shall promptly notify Lender if (A) Borrower shall become aware that any Asbestos Hazardous Substance is on or near the Properties in violation of any Environmental Laws, (B) Borrower shall become aware that any Property is in violation of any Environmental Laws or (C) Borrower or Manager shall have received notice from becoming friable and if any Asbestos does become friableGovernmental Authority regarding any condition on or near any Property which condition could pose a threat to the health, Tenant shall axxxx said Asbestos and dispose safety or welfare of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofhumans, (iii) comply with all Environmental Laws related to Asbestos shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be required by Lender in the case of removal which is not required by law but is recommended by a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender and which, if not cured or removed could have a material adverse effect on the value or operation of any Property), promptly after Borrower becomes aware of same, at Borrower's sole expense 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 comply with all applicable Environmental Lawsof the environmental consultants' recommendations described on SCHEDULE 6 attached hereto. Nothing herein shall ---------- prevent Borrower from recovering expenses from any other party that may be liable for such removal or cure.

Hazardous Substances. Tenant hereby covenants and agrees that Tenant and its subtenants and Customers and their respective agents, contractors and employees will not cause or permit any “Hazardous Substances” (as hereinafter defined) to be generated, placed, held, stored, used, located or disposed of at the Project or any part thereof, except for Hazardous Substances (a) Tenant agrees that it will not onspecifically authorized by Landlord (including glycol, aboutsulfuric acid and diesel fuel), or (b) commonly and legally used or stored as a consequence of using the Demised Premises for the uses permitted under any Leased PropertyArticle 13 hereof, releasebut only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a “response action”, treat as that term is defined in CERCLA (as hereinafter defined), and in the case of both (a) and (b), only so long as Tenant strictly complies or dispose causes compliance with all applicable governmental rules and regulations and the applicable terms of this Lease concerning the use, storage, production, transportation and disposal of such Hazardous Substances. In no event shall Tenant be responsible for the cleanup or remediation of any Hazardous Materials; but Substances which exist in the foregoing Demised Premises or at the Project prior to the execution of this Lease. Promptly upon receipt of Landlord’s request, Tenant shall not prevent submit to Landlord true and correct copies of any reports filed by Tenant or its subtenants or Customers with any governmental or quasi-governmental authority regarding the generation, placement, storage, use, storage treatment or existence disposal of Hazardous Substances on or about the Demised Premises and the Project. Tenant also agrees to cooperate with Landlord and to provide access by Landlord and Landlord’s representatives to any Tenant’s records with respect to the Demised Premises and the Project relating to any assessment of the environmental condition of the Demised Premises and the Project and the generation, placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises and the Project by Tenant and its subtenants and Customers. In the event Tenant has or acquires notice or knowledge that any Hazardous Substance has been, or is threatened to be, spilled, released, discharged, disposed of, or otherwise improperly managed on or about the Demised Premises or in connection with the installation, maintenance, use, operation or removal of Tenant’s Equipment (including the UST, Generators or Antenna Equipment) at the Project, Tenant shall take all appropriate action to stop the movement of Hazardous Substances and implement all corrective action as required by Environmental Laws Ito remove, remediate and dispose of such Hazardous Substances. For purposes of this Article.44, “Hazardous Substances” shall mean and include (i) any petroleum or petroleum products, natural gas, or natural gas products, radioactive materials, asbestos, urea formaldehyde from insulation, transformers or other equipment that contains dielectric fluid containing levels of polychlorinated biphenyls, and radon gas; and (ii) those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic pollutants designated by Congress or the EPA or which are defined as hazardous, toxic, pollutant, infectious or radioactive by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including, without limitation, strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in effect (collectively “Environmental Laws”). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against. Any and all losses, liabilities, including strict liability, damages, injuries, expenses; including reasonable attorneys’ fees, costs of settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person, 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 Demised Premises or the Project 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 complySubstances (including, and will cause each Leased Property to be in compliance withwithout limitation, in all material respects with each applicable Environmental Law. If asbestos or asbestos-containing materials are present in or at any Leased Property (“Asbestos”)losses, Tenant shall: (i) prepareliabilities, 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 axxxx 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, lossesincluding strict liability, damages, penaltiesinjuries, expenses, fees, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ fees and fees, costs of litigationany settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act [“CERCLA”], any so-called federal, state or local “Superfund” or “Superlien” laws or any other Environmental Law); provided, however, that the foregoing indemnity is limited to matters arising out of or in any manner connected with (i) the solely from Tenant’s violation of the covenants contained in this Article. Landlord may not enter into any Environmental Law settlement or other compromise with respect to any Leased Property claim covered by the indemnity set forth in this Article without Tenant’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, and if a claim is settled or compromised without such consent, Tenant shall not be obligated to provide indemnification under this Article. If Landlord obtains recovery of any of the amounts that Tenant has paid to Landlord pursuant to the indemnity set forth in this Article, and provided that Tenant is not then indebted to Landlord for any sums or amounts under this Lease or any prior ownership judgment, then Landlord shall promptly pay to Tenant the amount 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 Landlordsuch recovery. 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.

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 axxxx 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 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 axxxx 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. 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 42 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 axxxx 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 0 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 43 Loan Documents, Borrower's agreements and Borrower's indemnification of Lenders contained in this Section 0 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. 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 axxxx 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. (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 axxxx 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 that certain Phase I Environmental Site Assessment dated May 11, 2007, prepared by ADR Environmental Group, 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 Borrower hereby covenants and agrees that it so long as any Indebtedness of Borrower to U. S. Bank is outstanding: (i) Borrower will not onpermit its property or any portion thereof to be a site for the storage, aboutuse, generation, manufacture, disposal or under any Leased Property, release, treat or dispose transportation of Hazardous Materials in violation of Hazardous Materials Laws; (ii) Borrower will not permit any Hazardous Materials; but the foregoing Materials to be disposed of off its property other than in properly licensed disposal sites; (iii) Borrower, at Borrower's sole cost and expense, will keep and maintain its property and each portion thereof in compliance with and shall not prevent the use, storage cause or existence permit its property or any portion thereof to be in violation 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 Laws; 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 axxxx 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 Borrower will immediately advise U. S. Bank in writing 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 PlanHazardous Material Claim. (b) To the extent required by Environmental Laws, Tenant shall respond Borrower 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 U. S. Bank and hold each Lender, the Trustee and Landlord, their respective successors and assigns, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, U. S. Bank 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 costsattorney fees), and liabilities, including, but not limited to, reasonable attorneys’ fees and costs of litigation, arising directly or indirectly from or out of or in any manner way connected with (i) the violation accuracy of any Environmental Law with respect to any Leased Property or any prior ownership of any Leased Propertythe representations contained in Section 8.18 herein; (ii) any activities on its property during Borrower's ownership, possession, or control of its property which directly or indirectly results in its property or any other property becoming contaminated with Hazardous Materials; (iii) the Release or threatened Release discovery of or failure to remove or otherwise remediate, as required by this Paragraph 26, Hazardous Materials fromon its property; (iv) the cleanup of Hazardous Materials from its property; and (v) the discovery of Hazardous Materials or the cleanup of Hazardous Materials from adjacent or other property that has become contaminated as a result of any activity on Borrower's property. As between Borrower and U. S. Bank, Borrower acknowledges that it will be solely responsible for all costs and expenses relating to the cleanup of Hazardous Materials from its property or from any other properties that become contaminated with Hazardous Materials as a result of activities 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 contamination of or in any manner connected with Tenant’s occupancy of any Leased Property during the Initial Term or any extension or Renewal Termits property. (c) Borrower's obligations under this Section 6.8 are unconditional and shall not be limited by any nonrecourse or other limitations of liability provided for in the Loan Documents. The Tenant representations, warranties, and covenants of Borrower set forth in this Section 6.8 and Section 8.18 herein (including but not limited to the indemnity provided for in Section 6.8(b) above) shall survive the closing and repayment of the Loans to U. S. Bank; and, to the extent permitted by Applicable Laws and Hazardous Materials Laws, shall survive the transfer of its property by foreclosure proceedings (whether judicial or nonjudicial), deed in lieu of foreclosure, or otherwise. Borrower acknowledges and agrees that it will not install any underground or above-ground storage tank at any Leased Property without specific, prior written approval its covenants and obligations hereunder are separate and distinct from its obligations under 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 LawsLoans and the Loan Documents.

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 axxxx 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. (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 or cause 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 hazardous substances (as defined or established from time to time by applicable local, state or federal law) other than in the ordinary course of Tenant’s business compliance with law and normal practices in accordance with applicable laws and regulationsComparable Buildings. 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 or asbestos-containing materials are present in or at any Leased Property (“Asbestos”), Tenant shall: has been caused by Tenant: (i) prepareTenant shall immediately and entirely remove such released hazardous substance at Tenant's expense, maintain and timely comply such removal shall be 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 disposal thereof; and (ii) prevent Tenant hereby agrees to indemnify hold harmless Landlord, Landlord's mortgagee, Landlord's management company, and their partners, officers, directors, employees and agents (collectively, the "Landlord Indemnified Parties") of and from any Asbestos 127 liability, public or private, resulting to Landlord as a result of such release and agrees to, and does hereby, indemnify such Landlord Indemnified Parties from becoming friable and if against any Asbestos does become friableexpense or cost incurred by Landlord, Tenant of any nature whatsoever, which results, in whole or in part, directly or indirectly, from a release of a hazardous substance which is caused or permitted by Tenant. The provisions of this Section 5.6 shall axxxx said Asbestos and dispose survive the expiration or termination 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 this Lease for 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 Planreason. (b) To Without limiting any of the extent required foregoing provisions of this Article V, Landlord shall not generate or cause to be released (whether by Environmental Lawsway of uncapping, Tenant shall respond pouring, spilling, spraying, spreading, attaching, leaking or otherwise) into or onto the Premises, the Building, the Project or the surrounding areas (including the ground and ground water thereunder and the sewer and drainage systems therein) any hazardous substances (as defined or established from time to time by applicable local, state or federal law) other than in compliance with applicable law and normal practices in Comparable Buildings. As to any such 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 that has been caused by 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 Landlord shall immediately and entirely remove or otherwise remediatesuch released hazardous substance at Landlord's expense, 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 such removal shall be in any a 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 fully in compliance with all applicable Environmental Laws.laws pertaining to the removal and storage or disposal thereof; and

Hazardous Substances. Landlord hereby represents that, to the best of their knowledge, the Premises is free from material containing asbestos and/or Hazardous material risks. Landlord represents and warrants that (a) to the best of its knowledge there have been no complaints regarding the indoor air quality anywhere in the Building or in the ventilating system; (b) he will deliver to Tenant copies of any such complaints received; (c) to the best of his knowledge there are no indoor air pollution and/or air quality problems in the Building; (d) he will notify Tenant if he becomes aware that any indoor air quality or environmental problem is discovered or reported in the Building, and diligently undertake to correct such problem. If the Premises shall be rendered unusable because of a freon and/or asbestos-related problem, air quality and/or air pollution found in the Premises or the Building in which the Premises is located, the Rent due hereunder is to be abated until the premises are again usable. Tenant will only assume responsibility for environmental cleanup costs which are caused by Tenant, its employees, visitors or invitees. Tenant will assume no responsibility for any migration of contaminates or those caused by current or prior building owners and tenants. Tenant and Landlord each respectively represent and warrant that (a) Tenant agrees that it will and Landlord have 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 complyused, and will cause each Leased Property to be not in compliance withthe future use, in all material respects with each applicable the Premises for the storage or disposal of any toxic or hazardous substance, as those terms are defined and the Comprehensive Environmental Law. If asbestos Response, Compensation and Liability Act of 1980, U.S.C. § 9601 et seq., or asbestos-containing materials are present in any other federal, state, or at any Leased Property local law (“AsbestosHazardous Substance”), 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 axxxx 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, Neither Tenant shall respond to any release ofnor Landlord have knowingly allowed, and shall remove will not in the future knowingly allow, any other entity to dispose of or store any Hazardous Materials, whether existing prior to, or occurring during, Substance on 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 10(c) Tenant and Landlord have no reason to suspect that any Hazardous Substance is in, on, under or about the Premises. Tenant and Landlord shall respectively indemnify and hold the other harmless from any loss, damage, cost or expense (including reasonable attorney’s fees), resulting from any and all breaches of the foregoing representation and warranty, and the indemnity provision of this paragraph shall survive the termination or 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. 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 axxxx 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 axxxx 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. 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. Xxxxxx 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 to 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 progress and satisfaction of such O&M Plan, (ii) prevent any Asbestos from becoming friable and if any Asbestos does become friable, Tenant shall axxxx said Asbestos and dispose of it at a properly licensed landfill Premises in accordance with law as soon as practicable following the discovery thereof, (iii) comply compliance with all Environmental Laws Laws. Lessee shall also take any and all actions necessary or desirable to return the Premises to the 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 all containers therefor shall be used, kept, stored, handled, managed, generated and disposed of in 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 Asbestos 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 (ivAS DEFINED HEREIN) if the O&M Plan requires 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, (B) 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 remediationsuch claim to be so indemnified and held harmless by Xxxxxx. Lessee, 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 Xxxxxx’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 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 asbestos-containing materials are present in or at any the Leased Property 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 axxxx 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 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 Lender 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 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 axxxx 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 Xxxxxx’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, xxxxx 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 Xxxxxx Xxxxxxx 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, Xxxxx 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. Xxxxxxxx’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. Xxxxxxxx’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 Xxxxxxxx’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”). Xxxxxxxx’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. Xxxxxxxx’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, xxxxx 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. Without limiting the generality of the forgoing: (a) Neither Tenant agrees nor any employee, agent, contractor or invitee of Tenant (a “Tenant Party”) may use, handle, store, generate, manufacture, transport, discharge or release any Hazardous Substances in, on or under the Leased Premises, except that it will not onTenant may use, abouthandle, store, generate, transport, discharge or Release in compliance with Environmental Law, such Hazardous Substances as are necessary for Tenant’s Operations as determined by Tenant in its reasonable discretion for the conduct of Tenant’s Operations on the Leased Premises. Tenant shall be responsible for compliance with Environmental Law with respect to the solid waste management units on the Leased Premises as set forth in Exhibit M. Tenant shall promptly notify Landlord, and provide copies promptly after receipt, of all written complaints, claims, citations, demands, inquiries, reports and notices relating to compliance or non-compliance with Applicable Law at the Leased Premises, or under any Leased Property, release, treat or dispose of any Hazardous Materials; but the foregoing shall not prevent the use, storage handling, storage, generation, transportation, discharge or existence Release of Hazardous Substances in, on or under the Leased Premises by a Tenant Party; provided, however, that Landlord’s receipt of any Hazardous Materials of the foregoing will in no way create or impose any duty or obligation upon Landlord to respond thereto. To 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 extent required by 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 Lenderat its sole cost, 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, remove or otherwise remediate all Hazardous Substances for which Tenant shall axxxx 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 Planresponsible under this Section 9.4(a). (b) To If Tenant fails to timely and fully perform any of the extent work described in the last sentence of Section 9.4(a), and Landlord gives to Tenant written notice of such failure and Tenant either (x) fails to commence curing such failure within thirty (30) days after receipt of Landlord’s notice (or such longer period as may be mutually agreeable to the Parties), or (y) commences to cure such failure within thirty (30) days (or such longer mutually agreeable period) after receipt of Landlord’s notice but fails after such thirty (30)-day (or longer) period to continue to implement such cure through completion (in either case, an “Environmental Failure”), Landlord may, after reasonable advance notice to Tenant, in Landlord’s sole discretion and to the exclusion of Tenant, cause the cleanup, removal or other remedial work required by Environmental LawsLaw to be performed and, in such event, Tenant shall respond pay all costs and expenses reasonably incurred by Landlord in connection therewith to Landlord as part of Tenant’s indemnity obligations under Section 13.1 with interest at the Default Rate from the date of payment by Landlord until the date of reimbursement by Tenant. If Landlord elects to cause the necessary cleanup, removal or other remedial work to be performed as provided above, Tenant hereby waives any claim or right that it may have to any release of, and shall remove damages for any Hazardous Materials, whether existing prior to, injury or occurring during, the Term on any Leased Property and whether or not arising out of or in any manner connected inconvenience with Tenant’s business or loss of occupancy or quiet enjoyment or any other loss occasioned by the performance 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 Termwork. (c) The Tenant agrees that it will not install shall promptly provide Landlord with access on reasonable prior request to all records, inventories, material safety data sheets, plans, registrations, filings, manifests, notices, disclosures, warnings and other documents required by any underground Requirements to be filed, made, given or above-ground storage tank at any Leased Property without specificmaintained with respect to or as a result of the presence, prior written approval use, transportation, or Release of Hazardous Substances on, to or from the Leased Premises (collectively, “Hazardous Substances Records”); provided, however, that Landlord’s receipt of any Hazardous Substances Records will in no way create or impose any duty or obligation on the part of Landlord with respect to the Hazardous Substances so disclosed or with respect to any other matter. (d) Landlord and its designated representatives may enter the Leased Premises in accordance with Section 2.9(a) for the purpose of investigating the condition of the Leased Premises and for verifying compliance by Tenant with this Lease, and Landlord may employ experts and consultants in connection therewith to advise Landlord with respect to Tenant’s activities. The costs of any such investigations will be paid by Landlord except that Tenant agrees will be obligated to pay for the reasonable costs of any such investigation if (i) the reason for the investigation is (1) the Release or threat of a Release of Hazardous Substances or other contamination on, to or from the Leased Premises caused or permitted to occur by Tenant, whether or not an inspection is ordered by a Governmental Entity, or (2) default by Tenant under this Lease or (ii) the investigation otherwise reveals any Pollution Condition at the Leased Premises that it will not store combustible was caused or flammable materials on permitted to occur by Tenant. If Landlord is obligated to pay for such investigation, Tenant shall reimburse Landlord for the investigation costs within thirty (30) days after receiving an invoice therefor. (e) Should any claim or action be brought against Landlord in connection with Hazardous Substances related to the Leased Property except Premises, Landlord shall immediately notify Tenant in writing. (f) If during the Lease Term, Tenant identifies any material non-compliance with all Environmental Law at the Rolling Mill, Tenant will promptly notify Landlord and will pursue corrective action as required by applicable Environmental LawsLaw. (g) Tenant’s obligations under this Section 9.4, including remediation obligations, will survive the expiration or earlier termination of this Lease.

Hazardous Substances. Lessee, at Lessee's sole cost, shall comply with all laws relating to the storage, use and disposal of hazardous, toxic or radioactive matter, including those materials identified in Sections 66680 through 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30 (a"Title 22") Tenant agrees that it will not onas they may be amended from time to time (collectively, about"Toxic Materials"). If Lessee does store, or under any Leased Property, release, treat use or dispose of any Hazardous Toxic Materials; but , Lessee shall notify Lessor in writing at least ten (10) days prior to their first appearance on the foregoing premises, Lessee shall not prevent the usebe solely responsible for and shall defend, 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 complyindemnify, and will cause each Leased Property to be in compliance withhold Lessor, 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 its agents 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 axxxx 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 employeescontractors, 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’ including attorney's fees and costs of litigationcosts, arising out of or in connection with its storage, use and disposal of Toxic Materials. If the presence of Toxic Materials on the Premises caused or permitted by Lessee results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established by any manner connected with (i) governmental agency having jurisdiction over such contamination, then Lessee shall promptly take any and all action necessary to clean up such condition to the violation issuance or continuing effectiveness of any Environmental Law with respect governmental approval which relates to the use of the Premises. At any Leased Property or any time prior ownership to the expiration of any Leased Property; (ii) the Release or threatened Release Lease term, Lessee shall have the right to conduct appropriate tests of or failure water and soil to remove or otherwise remediatedeliver to Lessor the results of such tests to demonstrate that no contamination in excess of permitted levels has occurred as a result of Lessee's use of the Premises. Lessee shall further be solely responsible for, as required by this Paragraph 26and shall defend, Hazardous Materials fromindemnify and hold Lessor, on or to any Leased Property or any portion or portions thereofits agents and contractors, harmless from and against all claims, costs and liabilities, including any past or current Release attorney's fees and any Release or threatened release during the Initial Term or any Renewal Termcosts, whether or not arising out of or in connection with any manner connected with Tenant’s occupancy removal, clean-up and restoration work and materials required hereunder to return the Premises and any other property, of any Leased Property during whatever nature, to their condition existing prior to the Initial Term appearance of the Toxic Materials and/or contamination of the Premises or any extension or Renewal Termsuch other property, as the case may be. Lessee's obligations hereunder shall survive the termination of 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 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 '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 asbestos-containing materials are present in or at any the Leased Property 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 axxxx xxxxx 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 the Leased Property Premises and whether or not arising out of or in any manner connected with Tenant’s '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 Lender 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 '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 not onThe term “Hazardous Substances,” as used in this Lease, aboutshall mean pollutants, contaminants, toxic or hazardous wastes, or under any Leased Propertyother substances, releasethe removal of which is required or the use of which is restricted, treat prohibited or dispose penalized by any “Environmental Law”, which term shall mean any existing or future federal, state, or local law or ordinance relating to pollution or protection of the environment. Tenant hereby represents and warrants and covenants with Landlord that: A. Tenant will obtain prior to occupancy of the Premises and shall maintain in good standing all local, state and federal government licenses necessary in order to conduct its operations at the Premises; B. No activity shall be conducted on the Premises that will produce any Hazardous Substance, except for such activities that: (1) are part of the ordinary course of Tenant’s business activities; and (2) are conducted in accordance with all Environmental Laws (the “Permitted Activities”); C. The Premises shall not be used in any 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: (1) are used in the ordinary course of Tenant’s business business; (2) are properly stored in accordance with applicable laws a manner and regulations. Tenant covenants that it will at location meeting the requirements of all times comply, Environmental Laws; or (3) which are listed on Exhibit A attached to 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 made a part of this Lease (the “AsbestosPermitted Materials”). Landlord agrees that all items listed on Exhibit A shall be deemed Permitted Materials, 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 axxxx 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 provided they are handled in accordance with the O&M Planrequirements of the preceding sentence. (b) To D. No portion of the extent required by Environmental Laws, Premises shall be used as a landfill or a dump; E. Tenant shall respond not install any underground tanks of any type; F. Tenant shall 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; G. Tenant shall not permit any release ofHazardous Substances to be brought onto the Premises, except for the Permitted Materials, and shall remove any Hazardous Materials, whether existing prior to, if so brought or occurring duringfound thereon, the Term on any Leased Property same shall be immediately removed, with proper disposal, and whether or not arising out of or in any manner connected with all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws at Tenant’s occupancy of such Leased Property during the Termsole expense. In addition toThe Tenant shall defend, indemnify, and without limiting Paragraph 10, of this Lease, Tenant shall and hereby does agree to defend, indemnify and hold each Lender, harmless the Trustee and Landlord, their respective successors and assignsits employees, agents, officers, directors, shareholders, partners, members, affiliates, beneficiaries and employees, harmless shareholders from and against any and all causes claims of actionsevery kind of nature, suitsknown or unknown, demands contingent or judgments of any nature whatsoeverotherwise, lossesdemands, criminal and civil penalties, fines, liabilities, settlements, judgments, damages, penalties, costs or expenses, feesincluding without limitation, claims, costs (including response and remedial costs), and liabilities, including, but not limited to, actual reasonable attorneys’ fees fees, consultants’ fees, investigation and laboratory fees, court costs of litigationand all litigation expenses, arising out of or in any manner connected with way related to: (i1) 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 remediatepresence, as required by this Paragraph 26disposal, Hazardous Materials from, on or to any Leased Property or any portion or portions thereof, including any past or current Release and any Release release or threatened release during of any Hazardous Materials caused by Tenant, on, over, under, from or affecting the Initial Term Premises or the soil, water, vegetation, buildings, personal property, persons, or animals; (2) any Renewal Term, whether personal injury (including wrongful death) or not property damage (real or personal) arising out of or in any manner connected way related to the release of such Hazardous Materials on the Premises by Tenant; (3) any lawsuit brought or threatened, settlement reached, or government order relating to the release of such Hazardous Materials by Tenant with respect to the Premises; and/or (4) any violation of Governmental Regulations which are based upon or in any way related to the release of such Hazardous Materials by Tenant’s occupancy of any Leased Property during . Landlord shall have 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 right, at any time upon attempted notice to Tenant, to inspect the Premises for violations of this section. Landlord, at its expense, shall provide Tenant with a current Phase I environmental study of the Premises certified to both Landlord and Tenant and containing no recognized environmental conditions prior to the Commencement Date. Tenant, at its expense, shall provide Landlord with a current Phase I environmental study of the Premises certified to both Landlord and Tenant and containing no recognized environmental conditions on the Leased Property without specific, prior written approval from Premises upon its vacation of 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 LawsPremises.

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 axxxx 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. Indemnification (a) Tenant agrees that it will not onshall indemnify, 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 complydefend, 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 axxxx 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 duringhold OCII, the Term on any Leased Property City 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 assignscommissioners, officers, directorsagents and employees (individually, shareholdersan “Indemnified Party” and collectively, partners, members, affiliates, beneficiaries and employees, the “Indemnified Parties”) harmless from and against any and all losses, costs, claims, damages, liabilities, and causes of actionsaction of any nature whatsoever (including, suitswithout limitation, demands the reasonable fees and disbursements of counsel and engineering consultants) incurred by or judgments asserted against any Indemnified Party in connection with, arising out of, in response to, or in any manner relating to (a) a violation of any Environmental Law occurring during the term of this Ground Lease caused by Tenant, its employees, agents, affiliates or contractors, or (b) any Tenant Environmental Condition (as defined herein below); provided, however, that this Section 21.02(a) shall not be deemed or construed to, and shall not impose an obligation on Tenant to indemnify and save harmless the Indemnified Parties from, any claim, loss, damage, liability or expense, of any nature whatsoever, arising from or in any way related to or connected with any willful misconduct or gross negligence by any Indemnified Party. (b) Landlord shall indemnify, defend, and hold the Tenant and its successors, employees, affiliates, agents, representatives and contractors (individually, a “Tenant Indemnified Party” and collectively, the “Tenant Indemnified Parties”) harmless from and against any and all losses, costs, claims, damages, penalties, expenses, fees, claims, costs (including response and remedial costs)liabilities, and liabilities, causes of action of any nature whatsoever (including, but not limited towithout limitation, the reasonable attorneys’ fees and costs disbursements of litigationcounsel and engineering consultants) incurred by or asserted against any Tenant Indemnified Party in connection with, arising out of of, in response to, or in any manner connected with (i) the relating to a 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 Hazardous Substances at the Site first existing or failure occurring prior 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 TermEffective Date. (c) The Tenant agrees that it will not install any underground or above-ground storage tank at any Leased Property without specificFor purposes of this Section 21.02, 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 definitions shall apply:

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 axxxx 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 axxxx 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 SUBLESSOR hereby advises SUBLESSEE that: low levels of petroleum hydrocarbon products were found in the soil excavated at the time that ATT Wireless’ predecessor in interest at the Property removed an underground storage tank from the Property in 1993; and that SUBLESSOR’s indemnity from said transferor will be lost if any hydrocarbons are brought onto the Site by SUBLESSEE. SUBLESSEE represents, warrants, and agrees that it SUBLESSEE has not and will not, and will not onpermit and third party to use, aboutgenerate, or under any Leased Property, release, treat store or dispose of hydrocarbons or any other Hazardous Materials; but Material (defined herein) on, under, abut or within the foregoing shall Site. SUBLESSOR represents, warrants, and agrees that SUBLESSOR, to the best of its knowledge, has not, and will not prevent use, generate, store or dispose of, or knowingly permit the use, generation, storage or existence disposal of, any Hazardous Material on, under, about or within the Site in violation of any Hazardous Materials in law or regulation. SUBLESSOR and SUBLESSEE acknowledge and agree that both Prime Lessor and the ordinary course of Tenant’s business in accordance with applicable laws other party may rely upon the foregoing representations and regulationswarranties. Tenant covenants that it will at all times comply, SUBLESSOR and will cause SUBLESSEE 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 axxxx 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 Lenderharmless Prime Lessor, the Trustee other party, and Landlord, their respective successors and assigns, officers, directors, shareholders, the partners, members, affiliates, beneficiaries agents and employees, harmless from employees of Prime Lessor and the other party against any and all causes of actions, suits, demands or judgments of any nature whatsoever, losses, damagesliabilities, penalties, expenses, fees, claims, claims and/or costs (including response and remedial costs), and liabilities, including, but not limited to, reasonable attorneys’ attorney’s fees and costs costs) arising from any breach of litigationany representation, arising out of warranty or agreement contained in this Section. As used in this Section, “Hazardous Material” shall mean petroleum or any petroleum product, asbestos, any substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any manner connected with (i) the violation of any Environmental Law with respect to any Leased Property applicable federal, state or any prior ownership of any Leased Property; (ii) the Release local law 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 Landlordregulation. The Tenant agrees that it provisions of the Section 16 will not store combustible survive expiration or flammable materials on any Leased Property except in compliance with all applicable Environmental Lawstermination of this Sublease.

Hazardous Substances. (a) Tenant agrees 14.1 At such time that it will not Owner knows, or has reasonable cause to believe, that a hazardous substance has come to be located in, on, aboutunder or about the ROW, or under any Leased Propertyother than as previously consented to by City, release, treat or dispose OWNER must immediately give written notice 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 such fact to City and provide City 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 any report, notice, claim or other documentation which it has concerning 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. 14.2 Owner shall not cause or permit any hazardous substance to be spilled or released in, (ii) prevent any Asbestos from becoming friable on, under or about the ROW, and if any Asbestos does become friableshall promptly, Tenant shall axxxx said Asbestos and dispose of it at a properly licensed landfill in accordance with law as soon as practicable following the discovery thereofOwner’s expense, (iii) comply with all Environmental Laws related to Asbestos applicable federal, state and (iv) if local requirements and recommendations of City’s engineers or consultants, and take all investigatory and remedial action reasonably recommended, whether or not formally ordered or required, for the O&M Plan requires cleanup 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 Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release contamination of, and shall remove any Hazardous Materialsfor the maintenance, whether existing prior tosecurity or monitoring of, the ROW or neighboring properties, that was caused or materially contributed to by Owner, or occurring during, pertaining to or involving any hazardous substance brought onto 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 ROW during the Term. In addition to, and without limiting Paragraph 10, term of this LeaseAgreement, Tenant by or for Owner, or any third party. 14.3 Owner shall and hereby does agree to defendindemnify, indemnify defend and hold each LenderCity, the Trustee and Landlord, their respective successors and assigns, its public officers, directors, shareholders, partners, members, affiliates, beneficiaries employees and employeesagents, harmless from and against any and all causes of actions, suits, demands loss or judgments of any nature whatsoever, losses, damages, penaltiesliabilities, judgments, claims, expenses, feespenalties and attorneys’ and consultants’ fees arising from or relating to any hazardous substance brought on the ROW by or for Owner, claimsor any third party. Owner’s obligations shall include, costs (including response and remedial costs)without limitation, the effects of any contamination or injury to person, property or the environment created or suffered by Owner, and liabilitiesthe cost of investigation, removal, remediation, restoration and abatement, and shall survive the expiration or termination of this Agreement. No termination, cancellation or release agreement entered into by City and Owner shall release Owner from its obligations under this Agreement with respect to hazardous substances, unless specifically so agreed by City in writing at the time of such agreement. 14.4 As used in this Section 14, “hazardous substance” means any product, substance or waste, including, but not limited towithout limitation, reasonable attorneys’ fees and costs of litigationhydrocarbons, arising out of petroleum, gasoline, crude oil or any byproducts or fraction thereof, whose presence, use, manufacture, disposal, transportation or release, either by itself or in combination with other materials expected to be on the ROW, is: (1) potentially injurious to the public health, safety or welfare, the environment or the ROW; (2) regulated or monitored by any manner connected with governmental authority; or (i3) the violation a basis for potential liability of any Environmental Law with respect City to any Leased Property governmental agency or third party under any prior ownership of any Leased Property; (ii) the Release applicable statute 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 Termcommon law theory. (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. 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. Xxxxxx agrees to indemnify, defend and hold Landlord and Xxxxxxxx’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 Xxxxxxxx’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”), 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 axxxx 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 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 or any of Tenant’s or any of Tenant’s employees, assignees, subtenants, agents, contractors and representatives, then Landlord shall not be in breach hereof or liable to Tenant for damages but Landlord, at its sole cost, shall use commercially reasonable efforts to cause such Person to investigate, monitor, dispose, remediate and/or remove such Hazardous Substances to the extent required by Environmental applicable Laws, Tenant shall respond . Subject to any release of, the terms 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, conditions of this Lease, Tenant shall and hereby does agree Xxxxxxxx agrees 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, 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. (aA) 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 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 (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 (such consent not to be unreasonably withheld); Tenant shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency in connection with the Permitted Activities; (B) 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 Substances except for the temporary storage of such materials (the "Permitted Materials; but the foregoing shall not prevent the use, storage or existence of any Hazardous Materials ") that are used in the ordinary course of Tenant’s business the Permitted Activities, provided such Permitted Materials are properly stored in accordance with applicable laws a manner 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 axxxx 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 and acknowledged and consented to Asbestos in advance in writing by Landlord (such consent not to be unreasonably withheld); Tenant shall be responsible for obtaining any required permits and (iv) if the O&M Plan requires paying any remediation, provide Landlord fees and Lender with written notice when such remediation is completed and expert certification that such remediation has been completed satisfactorily and providing any testing required by any governmental agency in accordance connection 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 Permitted 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; (iiC) no portion of the Release Premises will be used as a landfill 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. a dump; (cD) 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; (E) Tenant agrees that it will not store combustible cause any surface or flammable materials subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (F) Tenant will not knowingly or negligently permit any Hazardous Substances to be brought onto the Premises by or on any Leased Property behalf of Tenant, except in for the Permitted Materials described above, and if so brought 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 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 (but reasonable) opinion, that said 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 take such corrective action within ten (10) days (or such shorter period as is reasonable under the circumstances), Landlord shall have the right to perform such work and Tenant shall promptly reimburse Landlord for any and all actual, out-of-pocket costs associated with said work. If at any time during or after the Lease Term, the Premises are found to be contaminated by Hazardous Materials as a consequence of the acts or omissions of Tenant or any of Tenant's Agents, or any surface or subsurface conditions exist at the Property as a consequence of the acts or omissions of Tenant or any of Tenant's Agents, 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 Property, and their respective agents, partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, penalties (whether civil or criminal), damages (actual or punitive) and obligations of any nature arising from or as a result of such contamination or conditions. The foregoing indemnification and the responsibilities of Tenant shall survive the termination or expiration of this Lease.

Hazardous Substances. Sublessee shall not cause or permit any Hazardous Substances (aas defined below) Tenant agrees that it will not to be used, stored, generated, or disposed of in, on, aboutor about the Premises by Sublessee, its agents, employees, contractors, or under any Leased Propertyinvitees, release, treat except for such Hazardous Substances as are normally utilized in an office or dispose of any light manufacturing environment. Any such Hazardous Materials; but Substances permitted on 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 complyPremises as hereinabove provided, and will cause each Leased Property to all containers therefor, shall be used, kept, stored, and disposed of 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 axxxx 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 manner that complies with all Environmental Laws related Laws. Sublessee shall not discharge, release or emit Hazardous Substances on or about the Premises so as to Asbestos pollute or contaminate air, soil (including sediment and subsurface soil), or water (iv) if including groundwater). Any testing, control, or treatment of discharges, releases or emissions of Hazardous Substances required as a result of Sublessee's use and occupancy 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 Premises shall be solely the O&M Plan. (b) To the extent required by Environmental Laws, Tenant shall respond to any release ofresponsibility of Sublessee, and shall remove costs incurred by Sublessor in effecting any Hazardous Materialssuch tests, whether existing prior tocontrols, or occurring duringtreatment shall be reimbursed by Sublessee to Sublessor upon demand as additional rent. Sublessor reserves the right to enter upon the Premises at any time throughout the Prime Term or, the if applicable, Additional 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 subject to governmental security regulations 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)Sublessee's reasonable proprietary requirements, and liabilitiesupon prior notice, to assure compliance with this Section 12.01. For the purposes of this Section 12.01 and Section 10.02, "Hazardous Substances" means substances defined as "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants," or "contaminants," and any toxic, radioactive, ignitable, corrosive, reactive, or otherwise hazardous substance, waste, or material, including, but not limited towithout 1imitation, reasonable attorneys’ fees asbestos and costs of litigationpetroleum, arising out of or its derivatives, by-products and other hydrocarbons, in any manner connected with (i) the violation of each case as regulated under 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) 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 axxxx 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 that it will Borrower 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 on or in the foregoing Property. Borrower 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 axxxx 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 todo, or occurring duringallow anyone else to do, anything affecting the Term on any Leased Property and whether or not arising out of or that is 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 Law. The preceding two sentences shall not apply to any Leased the presence, use or storage on the Property or any prior ownership of small quantity of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall immediately give Lender written notice of any Leased Property; (ii) investigation, claim, demand lawsuit or other action by any governmental or regulatory agency or private party involving 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 Hazardous Substance or threatened release during the Initial Term Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any Renewal Termgovermental or regulatory authority, whether that any removal or not arising out of or in any manner connected with Tenant’s occupancy other remediation of any Leased Hazardous Substance affecting the Property during is necessary, Borrower hall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 23, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the Initial Term following substances: gasoline, kerosene, other flammable or any extension toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or Renewal Term. formaldehyde, and radioactive materials. As used in this paragraph 23, "Environmental Law" means federal laws and laws of the jurisdiction where the property is located that relate to health, safety and environmental protection. In Witness Whereof, Borrower has executed this Instrument or has caused the same to be executed by its representatives thereunto duly authorized. Signed, sealed and delivered in the presence of: ______________________________________ (cSeal) 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.-Borrower _______________________________________ _______________________________________