Common use of Hazardous Substances Clause in Contracts

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.

Hazardous Substances. A. Tenant shall Except as set forth in the environmental reports respecting the Property obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (i) the Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substance Substances”); (as hereinafter definediii) no Hazardous Substances are or have been (including the period prior to be usedOwner’s acquisition of the Property), storeddischarged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend ; (with counsel reasonably acceptable to Landlordiv) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are present in, on, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. For purposes of this Section 7, “Hazardous Substance” means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, U.S.C. Section 9601 et seq. (including the so-called “Superfund” amendments thereto), any other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories being sometimes hereinafter collectively referred to as “Hazardous Materials Laws”). Tenant shall cooperate with Landlord and permit Landlord and all Governmental Authorities reasonable access to the Property in a manner that will not cause unreasonably interfere with Tenant’s (or permit any of its occupants’) use of the Property for purposes of operating, inspecting, maintaining and monitoring any environmental controls, equipment, barriers and/or systems required by applicable Hazardous Substance Materials Laws. Except for Known Existing Environmental Conditions (as hereinafter defined) to be usedremoved and remediated pursuant to the Development Agreement (if any), storedif, generatedduring the Term, contained or disposed of the existence, presence, release, placement on or in the Complex by TenantProperty or the generation, Tenant’s agentstransportation, employeesstorage, contractors treatment or invitees in violation disposal at the Property of any Hazardous Substance (including Unknown Existing Environmental Laws Conditions (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted ) (i) gives rise to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses liability (including, without limitationbut not limited to, a decrease in value of response action, remedial action or removal action) under Hazardous Materials Laws; (ii) causes a public health effect; or (iii) pollutes the Complexenvironment, damages Tenant, except to the extent such matters were caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claimsIndemnified Landlord Parties (as hereinafter defined), attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, promptly take any and all remedial and removal action necessary actions to return clean up the Complex Property and mitigate exposure to liability arising from the condition existing prior to Hazardous Substance, in accordance with Hazardous Material Laws. For purposes of this Lease, “Known Existing Environmental Conditions” means any environmental conditions at the presence of any such Hazardous Substance Property disclosed on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible most recent Phase I Environmental Assessment available for the application for and maintenance Property, such conditions discovered during the performance of all required permits, the submittal of all notices and reports, proper labeling, training and record keepingImprovements, and timely environmental conditions at the Property known by any of the Indemnified Landlord Parties, and appropriate response to any “Unknown Existing Environmental Conditions” means the existence, presence or release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in violation of Hazardous Materials Laws at the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, Property as of the Effective Date, no Hazardous Substances are in, on, under or about other than the Leased Premises in violation of any Known Existing Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementConditions.

Hazardous Substances. A. Tenant shall To Borrower’s knowledge, except as disclosed in the reports identified on Schedule 2 attached hereto and delivered to Lender in connection with the Loan (the “Environmental Reports”): (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, “Environmental Laws”); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property (“Toxic Mold”) and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrower and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Except as hereinafter defined) to be used, stored, generated, contained or disposed of on or disclosed in the Complex by Tenantenvironmental assessment report delivered to Lender in connection with the Loan, Tenant’s agents, employees, contractors or invitees (i) the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "ENVIRONMENTAL LAWS"); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property ("TOXIC MOLD") or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, "HAZARDOUS SUBSTANCES"). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation best of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual each Borrower's knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to such Borrower's acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to the best of Borrowers' knowledge, no Toxic Mold is on or about the Leased Premises in violation Property which requires remediation; and (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge after due inquiry and investigation, except as disclosed in the Phase I Reports, in all material respects: (a) each Individual Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super- lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) no Individual Property is subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of each Individual Property) discharged, generated, contained or treated, disposed of on or in the Complex by Tenantstored on, Tenant’s agentsincorporated in, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and removed or transported from each Individual Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; and (d) no Hazardous Substances other than Permitted Materials are present in, on or under any nearby real property which could migrate to or otherwise affect each Individual Property. So long as Borrower owns or is in possession of each Individual Property, Borrower (i) shall keep or cause each Individual Property to be kept free from Hazardous Substances other than Permitted Materials and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances other than Permitted Materials on or near each Individual Property and/or if Borrower shall become aware that each Individual Property is in direct or indirect violation of any Environmental Laws and/or if Borrower shall become aware of any condition on or near each Individual Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Borrower shall remove or cause removal of such Hazardous Substances and/or cure such violations and/or remove such threats, as applicable, as required by law (or as shall be reasonably required by Lender in accordance with reasonable commercial lending standards and practices 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 Lender ("LENDER'S CONSULTANT")), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this paragraph, Borrower and its tenants may use and store Hazardous Substances at each Individual Property if such use or storage is in connection with the ordinary operation, cleaning and maintenance of each Individual Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) does not violate any specific recommendations in the Phase I Reports. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this Section 9.1 shall survive any termination, rules satisfaction, or assignment of this Agreement and regulationsthe exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, the acquisition of each Individual Property by foreclosure or a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed conveyance in lieu of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Except as expressly disclosed in any environmental report regarding the Property and delivered to Lender in connection with the Loan, and to Borrower’s knowledge, (i) the Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant; (iii) to Borrower’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to Borrower’s knowledge, no Toxic Mold is on or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit For purposes of this Section 7, “Hazardous Substance” means any Hazardous Substance (as hereinafter defined) matter giving rise to be usedliability under the Resource Conservation and Recovery Act, stored42 U.S.C. Section 6901 et seq., generatedthe Comprehensive Environmental Response, contained or disposed of on or in the Complex by TenantCompensation and Liability Act, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined)U.S.C. Section 9601 et seq. Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and the so-called “Superfund” amendments thereto), any other related medical research items as are necessary applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to the operation of a research laboratory up to and including Biosafety Xxxxx 0any hazardous substances, provided Tenant must use and store such materials in compliance with all applicable lawshazardous wastes, rules and regulationschemicals or other materials, including, without limitation, asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof or any common law theory based on nuisance or strict liability (all Environmental of the foregoing statutes, laws, ordinances, rules, regulations and common law theories being sometimes hereinafter collectively referred to as “Hazardous Materials Laws”). Tenant shall cooperate with Landlord and permit Landlord and all Governmental Authorities reasonable access to the Property in a manner that will not unreasonably interfere with Tenant’s (or any of its occupants’) use of the Property for purposes of operating, inspecting, maintaining and monitoring any environmental controls, equipment, barriers and/or systems required by applicable Hazardous Materials Laws. All bio-hazardous waste shall Except for Known Existing Environmental Conditions to be removedremoved and remediated pursuant to the Development Agreement (if any), at Tenant’s sole cost and expenseif, and at Tenant’s riskduring the Term, by a third party company following any and all Environmental Lawsthe existence, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedpresence, storedrelease, generated, contained or disposed of placement on or in the Complex in violation of Environmental LawsProperty or the generation, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such usetransportation, storage, generation, treatment or disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of at the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence Property of any Hazardous Substance on (including Unknown Existing Environmental Conditions (as hereinafter defined)) (i) gives rise to liability (including, but not limited to, a response action, remedial action or removal action) under Hazardous Materials Laws; (ii) causes a public health effect; or (iii) pollutes the Complex in violation of Environmental Laws that results in contaminationenvironment, Tenant Tenant, except to the extent such matters were caused by the Indemnified Landlord Parties (as hereinafter defined), shall promptly, at its sole expense, promptly take any and all remedial and removal action necessary actions to return clean up the Complex Property and mitigate exposure to liability arising from the condition existing prior to Hazardous Substance, in accordance with Hazardous Material Laws. For purposes of this Lease, “Known Existing Environmental Conditions” means, collectively, any environmental conditions at the presence of any such Hazardous Substance Property disclosed on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible most recent Phase I Environmental Assessment available for the application for Property, such conditions discovered during the performance of the Improvements, Specified Environmental Liabilities (as hereinafter defined) and maintenance environmental conditions at the Property known by any of all required permits, the submittal of all notices and reports, proper labeling, training and record keepingIndemnified Landlord Parties, and timely and appropriate response to any “Unknown Existing Environmental Conditions” means the existence, presence or release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in violation of Hazardous Materials Laws at the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, Property as of the Effective Date, no Hazardous Substances are in, on, under or about other than the Leased Premises in violation of any Known Existing Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementConditions.

Hazardous Substances. A. Tenant covenants and agrees that it shall not cause or permit any “Hazardous Substance Substances” (as hereinafter defined) to be usedplaced, storedheld, generated, contained handled, transported, located or disposed of on in, on, about or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of at the Leased Premises or the Building or any part thereof and that neither the Leased Premises or the Building nor any part thereof shall ever be used as a research laboratory, dump site or storage site (whether permanent or temporary) for any Hazardous Substances during the Lease Term. Tenant shall be permitted hereby agrees to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) indemnify Landlord and other related medical research items as are necessary to the operation of a research laboratory up to hold Landlord harmless from and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following against any and all Environmental Lawslosses, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedliabilities, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claimsincluding strict liability, damages, finesinjuries, judgmentsexpenses, penaltiesincluding reasonable attorneys’ fees, costscosts of any settlement or judgment and claims of any and every kind whatsoever paid incurred or suffered by, liabilities and losses or asserted against, Landlord by any person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from, the Leased Premises or the Building of any Hazardous Substance (including, without limitation, a decrease in value of the Complexany losses, damages caused by loss or restriction of rentable or usable space liabilities, including strict liability, damages, injuries, expenses, including reasonable attorney’s fees, costs or any damages caused by adverse impact on marketing of settlement or judgment or claims asserted or arising under the space Comprehensive Environmental Response, Compensation and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitationLiability Act, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a so called federal, state or local agency “Superfund” or political subdivision. Without limitation “Superlien” laws, statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, substances or standards of the foregoing, if Tenant causes or permits the presence of conduct concerning any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexSubstance); provided, however, Tenant must obtain Landlordthat the foregoing indemnity is limited to matters arising solely from Tenant’s prior written approval for any such remedial actionviolation of the covenants contained herein. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination For purposes of this Lease Agreement. Notwithstanding the foregoing to the contraryLease, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.“

Hazardous Substances. A. Tenant shall Trustor hereby represents and warrants to Beneficiary that, to the best of Trustor's knowledge, after due inquiry and investigation except as disclosed in the report dated December 19, 1997, prepared by KTR Environmental Services, Inc. (the "PHASE I REPORT") and delivered to Beneficiary in connection with the Loan: (a) the Trust Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Trustor's acquisition of the Trust Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Trust Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Trustor owns or is in possession of the Trust Property, Trustor (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Beneficiary if Trustor shall become aware of any Hazardous Substances on or near the Trust Property and/or if Trustor shall become aware that the Trust Property is in direct or indirect violation of any Environmental Laws and/or if Trustor shall become aware of any condition on or near the Trust Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Trustor 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 Beneficiary 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 Beneficiary ("BENEFICIARY'S CONSULTANT")), promptly after Trustor becomes aware of same, at Trustor's sole expense. Notwithstanding anything to the contrary in this paragraph, the Trustor may use and store immaterial amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Trustor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Trustor under this Paragraph 34 shall survive any termination, rules satisfaction, or assignment of this Deed of Trust and regulationsthe exercise by Beneficiary of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Trust Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge, after due inquiry and investigation, and except as hereinafter defined) to be used, stored, generated, contained or disposed of on or disclosed in the Complex by Tenant, Tenant’s agents, employees, contractors environmental audits of the Mortgaged Property furnished to Lender in connection with the Loan: (a) the Mortgaged Property is not in direct or invitees in indirect violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of Tenant’s use of the Leased Premises as a research laboratoryconduct concerning environmental regulation, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory contamination or clean-up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws. All bio-"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous waste shall be removedand/or toxic, at Tenant’s sole cost and expensedangerous and/or regulated, and at Tenant’s risksubstances, by a third party company following any and all Environmental Lawssolvents, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedwastes, storedmaterials, generatedpollutants or contaminants, contained petroleum, tremolite, anthlophylie or disposed of on actinolite or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses polychlorinated biphenyls (including, without limitation, a decrease in value any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Borrower's acquisition of the ComplexMortgaged Property, damages caused by loss discharged, generated, treated, disposed of or restriction of rentable stored on, incorporated in or usable space removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any damages caused by adverse impact on marketing of the space Mortgaged Property. So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and all Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. If Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under the Note and the Mortgage and shall bear interest thereafter until paid for settlement at the Default Rate. The obligations and liabilities of claims, attorneys’ fees, consultant and expert fees) Borrower under this Section which relate to conditions created or arising during Borrower's ownership of the Mortgaged Property and prior to Lender's taking possession of the Mortgaged Property shall survive any termination, satisfaction, or after assignment of the Term Mortgage and as a result the exercise by Lender of such use, storage, generation, disposal any of its rights or contamination in violation of Environmental Laws. This indemnification includesremedies thereunder including, without limitation, any and all costs incurred because of any investigation the acquisition of the site Mortgaged Property by foreclosure or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation conveyance in lieu of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause To the best of each Borrower's knowledge after due inquiry, except as disclosed in the written environmental reports delivered to Lender prior to the date hereof: (i) no Collateral Property is in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Hazardous Substance state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (as hereinafter definedcollectively, "Environmental Laws"); (ii) no Collateral Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (iii) no Hazardous Substances are or have been (including the period prior to the acquisition of any Collateral Property by the Borrower that owns it), discharged, generated, contained treated, stored on, incorporated in, or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and removed from any Collateral Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If ; (iv) except for Routine Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective DateSubstances, no Hazardous Substances are or have been (including the period prior to the acquisition of any Collateral Property by the Borrower that owns it), disposed of or transported from any Collateral Property other than in compliance with all Environmental Laws; (v) no Hazardous Substances are present in, onon or under any nearby real property which could migrate to or otherwise affect any Collateral Property; and (vi) no underground storage tanks exist on any Collateral Property. There have been no environmental investigations, under studies, audits, reviews or about the Leased Premises in violation other analyses conducted by or on behalf of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (i) Except as set forth in the Environmental Reports (as hereinafter defined) to be used, stored, generated, contained or disposed of on or defined in the Complex by TenantEnvironmental Indemnity being executed contemporaneously herewith), Tenantto Borrower’s agentsknowledge, employees, contractors or invitees the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) to Borrower’s knowledge, the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant; (iii) to Borrower’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without based solely upon the duty of investigation or injury, Phase I prepared for Lender as of the Effective Datedirected by Borrower, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, based solely upon the Phase I prepared for Lender as directed by Borrower, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to Borrower’s knowledge, after due inquiry, no Toxic Mold is on or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Each Borrower hereby represents and warrants to Lender that, to such Borrower's knowledge: (a) the Borrower's Project is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all regulations adopted in respect to the foregoing laws (as hereinafter definedcollectively, "Environmental Laws"); (b) such Project is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) except for lawfully used cleaning fluids and/or copier toner or other substances typically used in offices or non-dry cleaning retail establishments ("Permitted Substances"), no Hazardous Substances are or have been (including the period prior to such Borrower's acquisition of such Project) discharged, generated, contained or treated, disposed of on or in the Complex by Tenantstored on, Tenant’s agentsincorporated in, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and removed or transported from such Project other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect such Project; and (e) no underground storage tanks exist on any of such Project. So long as such Borrower owns or is in possession of such Project, such Borrower (i) shall keep or cause such Project to be kept free from Hazardous Substances (except for Permitted Substances) and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if such Borrower shall become aware of any Hazardous Substances (except for Permitted Substances) on or near such Project and/or if such Borrower shall become aware that such Project is in direct or indirect violation of any Environmental Laws and/or if such Borrower shall become aware of any condition on or near such Project which shall pose a threat to the health, safety or welfare of humans, (iii) such Borrower shall remove such Hazardous Substances (except for Permitted 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 in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("Lender's Consultant")), promptly after such Borrower becomes aware of same, at such Borrower's sole expense and (iv) shall comply with all of the recommendations contained in the environmental report which was delivered to Lender in connection with the origination of the applicable lawsLoan. Nothing herein shall prevent a Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of a Borrower under this Section 9.1 shall survive any termination, rules satisfaction, or assignment of the Deed of Trust or Mortgage and regulationsthe exercise by Lender of any of its rights or remedies thereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant acquisition of a Hazardous Substance under Environmental Laws. The indemnity obligations Project by foreclosure or a conveyance in lieu of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant hereby covenants and agrees that Tenant shall not cause or permit any "Hazardous Substance Substances" (as hereinafter defined) to be usedgenerated, placed, held, stored, generatedused, contained located or disposed of on at the Project or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws CERCLA (as hereinafter defined). Landlord acknowledges , and agrees that so long as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in strictly complies or causes compliance with all applicable laws, governmental rules and regulationsregulations concerning the use or production of such Hazardous Substances. For purposes of this Article 43, including, without limitation, all Environmental Laws. All bio-hazardous waste "Hazardous Substances" shall be removed, at Tenant’s sole cost mean and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Congress or the EPA which are useddefined as hazardous, storedtoxic, generatedpollutant, contained infectious or disposed of on radioactive by any other federal, state or in the Complex in violation of Environmental Lawslocal statute, law, ordinance, code, rule, regulation, order or if the Complex becomes contaminated with Hazardous Substances in any manner due decree regulating, relating to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses imposing liability (including, without limitation, a decrease strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all sums paid for settlement of claimslosses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ ' fees, consultant costs of settlement or judgment and expert fees) arising during claims of any and every kind whatsoever paid, incurred or after the Term and 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 of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includesany Hazardous Substances (including, without limitation, any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs incurred because of any investigation of settlement or judgment or claims asserted or arising under the site or Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any cleanup, removal or restoration mandated by a so-called federal, state or local agency "Superfund" or political subdivision. Without limitation of the foregoing, if Tenant causes "Superlien" laws or permits the presence of any Hazardous Substance on the Complex in violation of other Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexLaw); provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for that the application for and maintenance foregoing indemnity is limited to matters arising solely from Tenant's violation of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Lawscovenant contained in this Article. The indemnity obligations of Tenant under this Section 39 Article shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLease.

Hazardous Substances. A. Tenant shall not cause Each of the Contributing Parties represents, to its, his or permit any Hazardous Substance her Actual Knowledge, that (x) as hereinafter definedof the date hereof and (y) to be used, stored, generated, contained or disposed of on or except as set forth in the Complex environmental audit reports provided to BNP by Tenant, Tenant’s agents, employees, contractors or invitees the Contributing Parties and in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use the environmental assessments of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen Property conducted on behalf of BNP (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all "Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injuryAssessments"), as of the Effective Closing Date, no Hazardous Substances are inthe Contributing Parties have not generated, onstored, under released, discharged or about disposed of hazardous substances or hazardous wastes at, upon or from the Leased Premises Property in violation of any Environmental Law, order, judgment or requiring any notice, investigation, clean-updecree or permit, or other response in connection with which remedial action would be required under any Environmental Law, order, judgment, decree or permit. To the Actual Knowledge of each of the Contributing Parties, (x) as of the date hereof and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenanty) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term except as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no hazardous substances or hazardous wastes have otherwise been generated, stored, released, discharged or disposed of from, at or upon the Property in violation of any Environmental Law. To the Actual Knowledge of each of the Contributing Parties, (x) as of the date hereof and (y) except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no underground storage tanks are located on the Property. As used in this Section 39 Agreement, the terms "hazardous substances" and "hazardous wastes" shall survive have the expiration meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the regulations thereunder, and the Federal Clean Water Act, as amended, and the regulations thereunder, and such terms shall also include asbestos, petroleum products, radioactive materials and any regulated substances under any Environmental Law, regulation or termination of this Lease Agreementordinance.

Hazardous Substances. A. Tenant shall Oneida hereby represents and warrants to Mortgagee that, to the best of Oneida's knowledge, after due inquiry and investigation except as disclosed on Exhibit B annexed hereto: (a) the Mortgaged Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, New York's Navigation Law, and any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Oneida's acquisition of the Mortgaged Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Mortgaged Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable lawsEnvironmental Laws; (d) no Hazardous Substances are present in, rules on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and regulations(e) no underground storage tanks exist on any of the Mortgaged Property. So long as Oneida owns any interest in or is in possession of the Mortgaged Property, Oneida (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Oneida shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Oneida shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Oneida shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Oneida 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 Oneida 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 Mortgagee ("Mortgagee's Consultant")), promptly after Oneida becomes aware of same, at Oneida's sole expense. Notwithstanding anything to the contrary in this paragraph, Oneida and/or tenants on the Mortgaged Property may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. Nothing herein shall prevent Oneida from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Oneida under this Paragraph 28 shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Mortgaged Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall To Borrower's knowledge, except as disclosed in the reports, dated December 15, 2004 prepared by URS Corporation Americas (the "Phase I Reports") and delivered to Lender in connection with the Loan: (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, "Environmental Laws"); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property ("Toxic Mold") and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrower and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance Except as disclosed in the environmental assessment report delivered to Lender in connection with the Loan, (as hereinafter definedi) to be usedthe best of Borrower’s knowledge, storedafter due inquiry, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) to the best of Borrower’s knowledge, after due inquiry, the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation best of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at TenantBorrower’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) to the best of Borrower’s knowledge, after due inquiry, no Toxic Mold is on or about the Leased Premises in violation Property which requires remediation; and (vi) to the best of any Environmental LawBorrower’s knowledge, or requiring any noticeafter due inquiry, investigationno underground storage tanks exist on the Property and the Property has never been used as a landfill. To the best of Borrower’s knowledge, clean-upafter due inquiry, there have been no environmental investigations, studies, audits, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Buffalo China hereby represents and warrants to Mortgagee that, to the best of Buffalo China's knowledge, after due inquiry and investigation except as disclosed on Exhibit B annexed hereto: (a) the Mortgaged Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, New York's Navigation Law, and any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Buffalo China's acquisition of the Mortgaged Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Mortgaged Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable lawsEnvironmental Laws; (d) no Hazardous Substances are present in, rules on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and regulations(e) no underground storage tanks exist on any of the Mortgaged Property. So long as Buffalo China owns any interest in or is in possession of the Mortgaged Property, Buffalo China (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Buffalo China shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Buffalo China shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Buffalo China shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Buffalo China 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 Buffalo China 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 Mortgagee ("Mortgagee's Consultant")), promptly after Buffalo China becomes aware of same, at Buffalo China's sole expense. Notwithstanding anything to the contrary in this paragraph, Buffalo China and/or tenants on the Mortgaged Property may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. Nothing herein shall prevent Buffalo China from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Buffalo China under this Paragraph 28 shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Mortgaged Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Mortgagor hereby represents and warrants to Mortgagee that except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees environmental report delivered to Mortgagee on the Closing Date in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use connection with the closing of the Leased Premises as Loan: (a) except where the failure to comply is not reasonably likely to cause a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to Material Adverse Change the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials Mortgaged Property is in full compliance with all applicable local, state, federal and other governmental authority statutes, ordinances, codes, orders, decrees, laws, rules and regulationsregulations pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including, without limitation, all the Comprehensive Environmental Laws. All bioResponse, Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, as amended, the Emergency Planning and Community Right-hazardous waste shall be removedto-Know Act of 1986, at Tenant’s sole cost as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and expenseHealth Act, as amended, any state super-lien and at Tenant’s risk, by a third party company following any environmental clean-up statutes and all Environmental Lawsregulations, insurance requirements orders and industry disposal regulations regarding said waste. If Hazardous Substances are usedguidelines adopted in respect of the foregoing laws, storedwhether presently in force or coming into being and/or effectiveness hereafter (collectively, generated"ENVIRONMENTAL LAWS"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, contained investigation or disposed of on claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or in the Complex in violation of Environmental Lawscontaminants, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease asbestos or any substance or material containing asbestos, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in value terms of the Complexhealth, damages caused by loss safety or restriction welfare of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claimshumans (collectively, attorneys’ fees, consultant and expert fees"HAZARDOUS SUBSTANCES"); (c) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence best knowledge of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, Mortgagor no Hazardous Substances are or have been (including, the period prior to Mortgagor's acquisition of the Mortgaged Property) released, discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (d) to the best knowledge of Mortgagor no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises Mortgaged Property; and (e) to the best knowledge of Mortgagor no underground storage tanks exist on the Mortgaged Property. So long as Mortgagor owns or is in violation possession of the Mortgaged Property, Mortgagor: (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances; (ii) shall keep or cause the Mortgaged Property to be kept in compliance with all Environmental Laws; (iii) shall promptly notify Mortgagee in writing if Mortgagor shall become aware of any Environmental Law, Hazardous Substances on or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold near the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.Mortgaged Property and/or if Mortgagor shall

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex by Tenantenvironmental report delivered to Lender in connection with the closing of the Loan, Tenant’s agents, employees, contractors or invitees (i) the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Laws (as hereinafter defined). Landlord acknowledges Response, Compensation and agrees that as part Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right–to–Know Act of Tenant’s use 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super–lien and environmental clean–up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the Leased Premises as a research laboratoryforegoing laws (collectively, Tenant shall be permitted “Environmental Laws”); (ii) the Property is not subject to use lab alcoholsany private or governmental Lien or judicial or administrative notice or action or inquiry, acidsinvestigation or claim relating to hazardous, radioactive agentstoxic or dangerous substances, liquid nitrogen (including installation of liquid nitrogen freezers) wastes, contaminants, and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationspollutants, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removedpetroleum, at Tenant’s sole cost petroleum products, crude oil and expensefractions thereof, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental LawsToxic Mold, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions other substances or omissions of Tenant materials which are included under or its agentsregulated by, employeesor for which liability may arise pursuant to, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results other than those substances which are in contamination, Tenant shall promptly, at its sole expense, take any deminimis quantities and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible customarily used or stored in similar properties for the application for and purposed of cleaning, maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a operations and otherwise in compliance with Environmental Laws (collectively, “Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing Substances”); (iii) to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To LandlordBorrower’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental LawProperty; (v) no underground storage tanks exist on the Property and, or requiring any noticeto Borrower’s knowledge, investigationthe Property has never been used as a landfill; and (vi) there have been no environmental investigations, clean-upstudies, audits, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (as hereinafter definedi) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees No Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws"); (ii) no Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, "Hazardous Substances"). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation best of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual each Borrower's knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to such Borrower's acquisition of its Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from any Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about the Leased Premises in violation otherwise affect any Property; (v) no underground storage tanks exist on any Property and no Property has ever been used as a landfill; and (vi) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (Borrower in connection with counsel reasonably acceptable the Loan which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to the best of Borrower’s knowledge, except as set forth in the Phase I Environmental Site Assessment dated March 18, 2004 prepared by EMG, as reviewed and approved by XxXxxxxxx & XxXxxxxxx LLP on March 19, 2004 (the “Phase I”) and any other environmental reports of which Lender has received a written copy: (a) the Property is not cause in direct or permit indirect violation of any Hazardous Substance local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (collectively, “Environmental Laws”); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic, dangerous and/or regulated substances, Toxic Mold (as hereinafter defined) to be used, stored, generated, contained or disposed of on or defined in the Complex by TenantEnvironmental Agreement), Tenant’s agentssolvents, employeeswastes, contractors materials, pollutants or invitees in violation of Environmental Laws contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratoryincluding, Tenant shall be permitted to use lab alcoholswithout limitation, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezersany raw materials which include hazardous constituents) and any other related medical research items as substances (including, without limitation, lead-based paint), materials or solvents which are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsincluded under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been, prior to Borrower’s acquisition of the Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. All bio-hazardous waste So long as Borrower owns or is in possession of the Property, Borrower shall keep or cause the Property to be removed, at Tenant’s sole cost kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and expense, lawfully used in the operation of the Property as a hotel or motel and at Tenant’s risk, by a third party company following any which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, insurance requirements shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Property and/or if Borrower shall become aware that the Property is in direct or indirect violation of any Environmental Laws and industry disposal regulations regarding said wasteBorrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower’s sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender’s request, at any time and from time to time while this Deed is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender’s election but at Lender’s expense), Borrower shall provide at Borrower’s sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Property. If Hazardous Substances are usedBorrower fails to provide such inspection or audit within thirty (30) days after such request, storedLender may order such inspection or audit, generatedand Borrower hereby grants to Lender and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under the Note and this Deed and shall bear interest thereafter until paid at the Default Rate, contained or disposed subject to the terms and conditions set forth in Section 63 of on or in the Complex in violation this Deed. The obligations and liabilities of Environmental LawsBorrower under this Section shall survive any termination, satisfaction, or if assignment of this Deed and the Complex becomes contaminated with Hazardous Substances in exercise by Lender of any manner due to the actions of its rights or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (remedies thereunder including, without limitation, a decrease in value the acquisition of the Complex, damages caused Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant Mortgagor represents and warrants to Mortgagee that except as disclosed in the existing Phase I Environmental assessment dated September 27, 1999 prepared by Pinnacle Engineering, Inc.: (i) there are not present in, on or under the Mortgaged Property any Hazardous Substances (as defined below); (ii) the Mortgaged Property is not presently being used and, to the best of Mortgagor’s knowledge after due inquiry, has not in the past been used, for the handling, storage, transportation, manufacture, release or disposal of any Hazardous Substances; (iii) there are no present and have not in the past been any claims, investigations, administrative proceedings, litigation, regulatory hearings or requests or demands for remedial or response actions or for compensation, which may be proposed, threatened or pending with respect to the Mortgaged Property, alleging noncompliance with or violation of any Environmental Law (as defined below), seeking relief under any Environmental Law or relating to any required environmental permits, licenses or authorizations; (iv) all reports and notices required by any Environmental Law have been duly made with respect to the Mortgaged Property, and all permits, licenses and authorizations required by any Environmental Law have been obtained and are in full force and effect with respect to the Mortgaged Property; (v) to the best of Mortgagor’s knowledge, based upon its investigation and inquiry, there is not now present, nor has there ever been present, in, on or under the Mortgaged Property any above-ground or underground storage tanks used for the storage of petroleum, petroleum by-products or any other Hazardous Substances; (vi) the Mortgaged Property is not and never has been listed on the United States Environmental Protection Agency’s National Priorities List of Hazardous Waste Sites or on any other list, schedule, log, inventory or record of hazardous waste sites maintained by any federal, state, or local agency; and (vii) Mortgagor has disclosed and delivered to Mortgagee all environmental reports and investigations which Mortgagor has obtained or ordered with respect to the Mortgaged Property. Mortgagor shall not cause use, or permit the use of, the Mortgaged Property for the handling, storage, transportation, manufacture, release or disposal of any Hazardous Substance Substances. In addition, Mortgagor shall not install or maintain, or permit the installation or maintenance of, any above-ground or underground storage tanks for the storage of petroleum, petroleum by-products or other Hazardous Substances in, about or under the Mortgaged Property unless: (as hereinafter definedi) to be used, stored, generated, contained Mortgagor has obtained the prior written consent of Mortgagee for such installation and maintenance; and (ii) Mortgagor installs and maintains such above-ground or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials underground storage tanks in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall Notwithstanding the foregoing, Mortgagor and any occupant of the Mortgaged Property may use or store immaterial amounts of commonly known and used materials which may be removeddeemed Hazardous Substances hereunder, provided that any such use or storage: (A) does not constitute a remunerative activity of Mortgagor; (B) is incidental to Mortgagor’s primary use of the Mortgaged Property and does not constitute a primary use thereof; and (C) complies at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all times with all applicable Environmental Laws. Upon the occurrence of an Event of Default hereunder or if Mortgagee, insurance requirements in its sole and industry disposal regulations regarding said waste. If absolute discretion, believes that any Hazardous Substances are usedSubstance is present on or is being handled, stored, generatedtransported, contained manufactured, released or disposed of in, on or in under the Complex in violation Mortgaged Property, Mortgagee or its authorized agent may enter upon the Mortgaged Property for the purpose of Environmental Lawsperforming inspections, taking soil borings, or if the Complex becomes contaminated with Hazardous Substances in conducting any manner due to the actions other tests or omissions procedures, and obtain such further environmental reports as Mortgagee deems necessary or appropriate, from a reputable environmental consultant of Tenant or its agentsMortgagee’s choice, employeesall at Mortgagor’s expense. If any such environmental report indicates any presence, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such usehandling, storage, generationtransportation, manufacture, release or disposal of Hazardous Substances in, on or contamination under the Mortgaged Property, Mortgagee may require Mortgagor, at Mortgagor’s expense, to remedy any such presence, handling, storage, transportation, manufacture, release or disposal to the satisfaction of Mortgagee. Mortgagor shall immediately notify Mortgagee in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because writing of any investigation claim, investigation, administrative proceeding, litigation, regulatory hearing or request or demand for remedial or response action or for compensation which may be proposed, threatened or pending, alleging the presence, handling, storage, transportation, manufacture, release or disposal of Hazardous Substances in, on or under the site Mortgaged Property. Mortgagee shall have the right, but not the obligation, to join and participate in any such investigation, administrative proceeding, litigation, regulatory hearing or any cleanup, removal or restoration mandated other action and to have its attorneys’ fees and expenses in connection therewith paid by a federal, state or local agency or political subdivisionMortgagor. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain LandlordMortgagee’s prior written approval for consent, Mortgagor shall not take any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate or response action or enter into any settlement or other compromise with respect to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any noticeclaim, investigation, clean-upadministrative proceeding, litigation, regulatory hearing or other request or demand for remedial or response and Landlord shall indemnifyaction or for compensation which, defend (with counsel reasonably acceptable to Tenant) and hold in Mortgagee’s reasonable judgment, may impair the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result value of LandlordMortgagee’s breach of such representation and warranty. Landlord’s obligations set forth in security under this Section 39 shall survive the expiration or termination of this Lease AgreementSecond Mortgage.

Hazardous Substances. A. Tenant hereby covenants and agrees that Tenant shall not cause or permit any "Hazardous Substance Substances" (as hereinafter defined) to be usedgenerated, placed, held, stored, generatedused, contained located or disposed of on at the Project or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws CERCLA (as hereinafter defined). Landlord acknowledges , and agrees that so long as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in strictly complies or causes compliance with all applicable laws, governmental rules and regulationsregulations concerning the use or production of such Hazardous Substances. For purposes of this Article 43, including, without limitation, all Environmental Laws. All bio-hazardous waste "Hazardous Substances" shall be removed, at Tenant’s sole cost mean and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If include those elements or compounds which are contained in the list of Hazardous Substances are used, stored, generated, contained or disposed of on adopted by the United States Environmental Protection Agency (EPA) or in any list of toxic pollutants designated by Congress or the Complex in violation of Environmental LawsEPA or which are defined as hazardous, toxic, pollutant, infectious or if the Complex becomes contaminated with Hazardous Substances in radioactive by any manner due other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses imposing liability (including, without limitation, a decrease strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all sums paid for settlement of claimslosses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ ' fees, consultant cost of settlement or judgment and expert fees) arising during claims of any and every kind whatsoever paid, incurred or after the Term and 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 of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includesany Hazardous Substances (including, without limitation, any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs incurred because of any investigation of settlement or judgment or claims asserted or arising under the site or Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any cleanup, removal or restoration mandated by a so-called federal, state or local agency "Superfund" or political subdivision. Without limitation of the foregoing, if Tenant causes "Superlien" laws or permits the presence of any Hazardous Substance on the Complex in violation of other Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexLaw); provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for that the application for and maintenance foregoing indemnity is limited to matters arising solely from Tenant's violation of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Lawscovenant contained in this Article. The indemnity obligations of Tenant under this Section 39 Article shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLease.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance Except as disclosed in environmental reports -------------------- provided to Lender in connection with the origination of the Loan, (as hereinafter definedi) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees no Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws "); (ii) no Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter defined). Landlord acknowledges collectively, "Hazardous Substances "provided, however that Hazardous Substances shall not include de minimus quantities of such substances commonly used in the day-to-day operation and agrees that as part of Tenant’s use maintenance by Borrower or any tenant of the Leased Premises as a research laboratoryProperties which do not require remediation under the Environmental Laws, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials otherwise in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due ); (iii) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual Borrower's knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Properties), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from any Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about the Leased Premises in violation of otherwise affect any Environmental LawProperty; (v) no underground storage tanks exist on any Property and no Property has ever been used as a landfill; and (vi) there have been no more recent environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower than those which have been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Except as hereinafter defined) to be used, stored, generated, contained or disposed of on or disclosed in the Complex by Tenantenvironmental assessment report delivered to Lender in connection with the Loan, Tenant’s agents, employees, contractors or invitees (i) the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "ENVIRONMENTAL LAWS"); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, "HAZARDOUS SUBSTANCES"). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation best of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual each Borrower's knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to such Borrower's acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of each Borrower's knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation Property; and (v) no underground storage tanks exist on the Property and the Property has never been used as a landfill. There have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause To the best of Borrower's knowledge -------------------- and except as set forth in the environmental reports delivered to Lender in connection with the closing of the Loan, (i) no Property is in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Hazardous Substance state super-lien and environmental clean-up statutes and all amendments to and regulations in respect of the foregoing laws (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (ii) no Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the period prior to the applicable Borrower's acquisition of any Property), discharged, generated, contained or treated, disposed of on or in the Complex by Tenantstored on, Tenant’s agentsincorporated in, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and removed or transported from such Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend ; (with counsel reasonably acceptable to Landlordiv) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are present in, on, on or under any nearby real property which could migrate to or about the Leased Premises in violation of otherwise affect any Environmental Law, or requiring Property; and (v) no underground storage tanks exist on any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (The term "hazardous materials" as hereinafter defined) to be used, stored, generated, contained or disposed of on or used in the Complex by TenantLease shall mean and refer to any pollutant, Tenant’s agentscontaminant, employees, contractors toxic or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitationbut not limited to, a decrease in value of the Complexasbestos, damages caused by loss or restriction of rentable or usable space Polychlorinated Biphenyls and petroleum products) or any damages caused by adverse impact on marketing other substance, the removal or remediation of which is required, or the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal use or contamination in violation handling of which is restricted, prohibited, regulated or penalized by an "Environmental Laws. This indemnification includes", without limitation, which term shall mean any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency law, rule, regulation or political subdivision. Without limitation ordinance relating to pollution or protection of the foregoingenvironment or hereafter enacted, if including but not limited to, the Comprehensive Environmental Response Compensating and Liability Act of 1980, the Resource Conservation and Recovery Act and the Superfumd Amendments and ReauthorLzation Act of 1986. Tenant causes or permits hereby agrees that (i) the presence of any Hazardous Substance Leased Premises will at all times be operated in full compliance with the Environmental Laws; (ii) no activity will be conducted on the Complex Leased Premises that will generate any hazardous materials except for activities that are part of the ordinary course of Tenant's business activities and which are specifically described in violation of this Lease (the "Permitted Activities"), provided said activities have been approved in advance in writing by landlord and are conducted in accordance with all Environmental Laws and provided further that results Tenant has fully disclosed to Landlord in contaminationwriting the existence, Tenant shall promptly, at its sole expense, take any extent and all necessary actions to return the Complex to the condition existing prior to the presence nature of any such Hazardous Substance on the Complex; provided, however, hazardous materials which Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for is legally authorized and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response empowered to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, maintain on, in or under or about the Leased Premises or to use in connection therewith, and provided further that Tenant has obtained and will maintain all licenses, permits and approvals required with respect thereto and is in full compliance with all the terms, conditions and requirements of such licenses, permits and approvals; (iii) the Leased Premises will not be used in any manner for the storage of any hazardous materials except for the temporary storage of such materials in accordance with applicable law that are used in the ordinary course of Tenant's business and which are described by quantities in Schedule "A" attached hereto (the "Permitted Materials"), provided such permitted materials are properly stored in a manner and location meeting all Enviromnental Laws and the same is approved in advance in writing by Landlord; (iv) Tenant has not and will not mix or dispose of any hazardous materials on or within the Leased Premises; (v) Tenant will not install any underground tanks of any type within the Leased Premises or on any part of the property; (vi)Tenant will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute, a public or private nuisance or a violation of any Environmental Law, (vii) Tenant will not permit any hazardous materials to be brought or requiring found or located, the same shall be immediately removed by Tenant or caused to be removed by Tenant, with proper packaging, labeling, transportation and disposal and all required cleanup and remediation procedures shall be diligently undertaken by Tenant and at Tenant's sole cost and expense pursuant to all Environmental Laws. In additiom violation of any noticeof the foregoing conditions shall be and constitute a default under this Lease entitling Landlord to terminate this Lease. Any such termination shall not, investigationhowever, clean-uprelieve Tenant of its obligations to comply with the terms of this provision regarding the removal of hazardous materials or of the indemnification provided herein. In addition, if Tenant fails to comply with any of the covenants of this subparagraph, or fails to comply with any Environmental Laws, Landlord, at Tenant's sole cost and expense, may immediately commence remedial action to restore the Leased Premises to all environmentally sound condition. Tenant agrees to immediately notify Landlord of (a) any significant release of hazardous materials, or other response chemicals or substances; and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenantb) and hold the Tenant and its officers, directors, agents and employees harmless receipt of any pertinent notices or communications from any governmental authority. Tenant further agrees to provide Landlord with a letter of certification from time to time upon the request of Landlord and on each anniversary of this Lease, certifying that Tenant has complied with all claims, damages, fines, judgments, penalties, costs, liabilities applicable errviromnental laws and losses arising during requirements and the requirements of all applicable agencies and that no contamination has occurred or after exists within the Term Leased Premises or on the property as a result of Tenants, activities, Without in anyway limiting the obligations of the Tenant, Landlord reserves the right to enter and inspect the Leased Premises and conduct any testing, samples, borings and analysis which Landlord’s breach , in its sole discretion, may deem necessary. Tenant further covenants and agrees that it shall not cause or allow any lien to be recorded against the Leased Premises as a consequence of, or in any way related to, the presence, remediation or disposal of any hazardous materials in or relating to the Lcased Premises or the property, or related in any way to the activities of Tenant, including any mechanics,' materialmans', suppliers' laborers' liens or any state, federal or local environmental liens relating to such matters. Tenant hereby agrees to indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims, penalties, fines, suits, liabilities and expenses, including cleanup costs, attorney fees, consultants or experts' fees and expenses of every kind and nature incurred or suffered by or asserted against Landlord directly or indirectly as a result of or on account of (i) the location on the Leased Premises or the property of any hazardous material, the storage of which or the exposure to which is prohibited, limited or regulated by any Environmental Law or any federal, state, county, regional or local governmental unit, agency or authority for which storage or exposure, even if not so prohibited, limited or regulated, may pose a hazard to the health and safety of the occupants of the property or to that of the owners or occupants of real property adjacent hereto, or (ii) the failure by Tenant to comply with any applicable Environmental Laws; or (iii) any warranty or representation and warranty. Landlord’s obligations set forth made by Tenant in this Section 39 paragraph being false or untrue in any material respect. Tenant's obligation hereunder shall survive not be limited to any extent by the term of this Lease, and, as to any act of occurrence prior to the expiration of the term hereof, whether terminated by Landlord or termination other expiration pursuant to the terms hereof and, as to any act or occurrence prior to the expiration of this Lease Agreementthe term hereof which gives rise to liability hereunder, shall continue, survive or remain in full force and effect notwithstanding the expiration ofthe terms hereof.

Hazardous Substances. A. Tenant shall To the best of each of Owner's and Borrower's knowledge after due inquiry, except as disclosed in the written environmental reports delivered to Lender prior to the date hereof. (i) the Collateral Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Hazardous Substance state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (as hereinafter definedcollectively, "Environmental Laws"); (ii) the Collateral Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (iii) no Hazardous Substances are or have been (including the period prior to the acquisition of the Collateral Property by Owner, discharged, generated, contained treated, stored on, incorporated in, or disposed of on or in removed from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Collateral Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If ; (iv) except for Routine Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective DateSubstances, no Hazardous Substances are or have been (including the period prior to the acquisition of the Collateral Property by Owner), disposed of or transported from the Collateral Property other than in compliance with all Environmental Laws; (v) no Hazardous Substances are present in, onon or under any nearby real property which could migrate to or otherwise affect the Collateral Property; and (vi) no underground storage tanks exist on the Collateral Property. There have been no environmental investigations, under or about the Leased Premises in violation of any Environmental Lawstudies, or requiring any noticeaudits, investigation, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Owner or Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant Sublessor hereby notifies Subtenant, and Subtenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Sublease, Subtenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statute), that Sublessor knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), including without limitation common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come to be located on or beneath the Premises and/or the Project. Subtenant hereby indemnifies Sublessor against all Environmental Claims (as defined below) and all costs, expenses, and attorneys’ fees incurred in the defense of any such Environmental Claims or any action or proceeding brought on any of such Environmental Claims. For purposes of this Paragraph, “Environmental Claims” shall not cause mean all liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims (except to the extent they arise as a result of Sublessor’s grossly negligent acts or permit willful misconduct), arising from or which seek to impose liability (i) because of or relating to any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any of the preceding a “Hazardous Material”) into ambient air, water, or land from, on, under, or above the Premises, (ii) relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, or materials from, on, or under, the Premises, or (iii) under any environmental law (which shall mean any federal, state or local law, statute, regulation, ordinance, guideline, or common law principle relating to public health or safety or the use or control of the environment, including without limitation the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substance Account Act, the California Hazardous Waste Control Law, the Federal Clean Air Act, the California Air Resources Act, the Federal Clean Water Act, the California Xxxxxx-Cologne Water Quality Control Act, the Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z’xxxx-Xxxxx Solid Waste Management and Recovery Act, and California Health and Safety Code Section 25359.7) and relating to the Premises, from the beginning of the Term to the end of the Term. Subtenant agrees to promptly reimburse Sublessor for all of Sublessor’s costs arising from periodic monitoring of Subtenant’s use, handling, or storage of Hazardous Substances at or surrounding the Premises. Neither Subtenant nor any of Subtenant’s Invitees shall use, manufacture, store, or dispose of any Hazardous Substance Materials anywhere within the Premises or the Project which are or could (as hereinafter defineda) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary detrimental to the operation of a research laboratory up to and including Biosafety Xxxxx 0Project, provided Tenant must use and store such materials human health, or the environment, except in compliance accordance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said wasteor (b) adversely affect the value of the Premises or the Project. If Hazardous Substances the Premises are usedcontaminated (or, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions acts or omissions of Tenant Subtenant or its agentsSubtenant’s Invitees, employeesthe Project is contaminated) by any Hazardous Material during the Term, contractors or invitees, Tenant then (1) Subtenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease promptly notify Sublessor in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result writing of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptlyand (2) Sublessor may elect to either (A) demand that Subtenant perform all remediation required by Sublessor (to Sublessor’s satisfaction and at Subtenant’s sole cost, at its sole expense, take any and all necessary actions to return the Complex Premises (and/or the Project) to at least as good a condition as the condition existing prior to Premises (or the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present Project) are in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Datedate of this Sublease, no Hazardous Substances are in, on, under or about the Leased Premises in violation which Subtenant shall immediately do upon receipt of any Environmental Lawnotice from Sublessor, or requiring any notice, (B) proceed to cause such investigation, clean-up, and remediation work which Sublessor deems necessary or other response and Landlord shall indemnifydesirable to be undertaken, defend whereupon the entire cost thereof (with counsel reasonably acceptable plus a supervisory fee equal to Tenantten percent (10%) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation cost) will be payable by Subtenant to Sublessor upon demand as Additional Rent. If Subtenant does not promptly commence and warranty. Landlorddiligently pursue such remediation, then Sublessor may, at Sublessor’s obligations set forth election, perform or cause to be performed such remediation and Subtenant shall immediately, upon demand, pay the cost thereof, plus a supervisory fee in this Section 39 shall survive the expiration or termination amount of this Lease Agreementten percent (10%) of such cost.

Hazardous Substances. A. Landlord hereby notifies Tenant, and Tenant hereby acknowledges that, prior to the leasing of the Premises pursuant to this Lease, Tenant has been notified, pursuant to California Health and Safety Code Section 25359.7 (or any successor statue), that Landlord knows, or has reasonable cause to believe, that certain hazardous substances (as such term is used in such Section 25359.7), such as common cleaning supplies, office supplies, spillage of petroleum products from motor vehicles, and other consumer products, may have come to be located on or beneath the Premises and/or the Project, Tenant hereby agrees to indemnify Landlord against all actions, liabilities, damages, losses, costs, expenses, attorneys’ fees, and claims (except to the extent they arise as a result of Landlord’s grossly negligent acts or willful misconduct), arising from or relating to: (i) any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any of the preceding a “Hazardous Material”) into ambient air, water, or land by Tenant or Tenant’s Invitee’s, or otherwise from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, or materials by Tenant or Tenant’s Invitees, or otherwise from, on, or under, the Premises, or (iii) a violation of any environmental law on, under, or above the Premises (for purposes hereof, “environmental laws” shall not cause mean any Federal, State, or permit any local law, statute, regulation, ordinance, guideline, or common law principle relating to public health or safety or the use or control of the environment, including without limitation the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Xxxxxxxxx-Xxxxxxx-Xxxxxx Hazardous Substance (as hereinafter defined) to be usedAccount Act, storedthe California Hazardous Waste Control Law, generatedthe Federal Clean Air Act, contained or disposed of on or in the Complex by TenantCalifornia Air Resources Act, Tenant’s agentsthe Federal Clean Water Act, employeesthe California Xxxxxx-Cologne Water Quality Control Act, contractors or invitees in violation of Environmental Laws (as hereinafter definedthe Federal Resource Conservation and Recovery Act, the California Xxxxxxx-Z’xxxx-Xxxxx Solid Waste Management and Recovery Act, and California Health and Safety Code Section 25359.7). Tenant agrees to promptly reimburse Landlord acknowledges and agrees that as part for all of Landlord’s costs arising from periodic monitoring of Tenant’s use use, handling, or storage of Hazardous Substances at or surrounding the Leased Premises. Neither Tenant nor any of Tenant’s Invitees shall use, manufacture, store, or dispose of any Hazardous Materials anywhere within the Premises as a research laboratory, Tenant shall or the Project which are or could (a) be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary detrimental to the operation of a research laboratory up to and including Biosafety Xxxxx 0Project, provided Tenant must use and store such materials human health, or the environment, except in compliance accordance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said wasteor (b) adversely affect the value of the Premises or the Project. If Hazardous Substances the Premises are usedcontaminated (or, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions acts or omissions of Tenant or its agentsTenant’s Invitees, employeesthe Project is contaminated) by any Hazardous Material during the Term, contractors or invitees, then (1) Tenant shall indemnifypromptly notify Landlord in writing of such contamination, defend and (with counsel reasonably acceptable 2) Landlord may elect to either (A) demand that Tenant perform all remediation required by Landlord (to Landlord) ’s satisfaction and hold the Landlord Parties harmless from any and all claimsat Tenant’s sole cost, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex Premises (and/or the Project) to at least as good a condition as the condition existing prior to Premises (or the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present Project) are in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Datedate of this Lease, no Hazardous Substances are in, on, under or about the Leased Premises in violation which Tenant shall immediately do upon receipt of any Environmental Lawnotice from Landlord, or requiring any notice, (B) proceed to cause such investigation, clean-up, and remediation work which Landlord deems necessary or other response desirable to be undertaken, whereupon the entire cost thereof (plus a supervisory fee equal to ten percent (10%) 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, at Landlord’s election, perform or cause to be performed such remediation and Tenant shall indemnifyimmediately, defend upon demand, pay the cost thereof, plus a supervisory fee in the amount of ten percent (with counsel reasonably acceptable 10%) of such cost. Tenant’s obligations and liability under this Paragraph shall survive the termination of Tenant’s tenancy and the Term of this Lease, except that nothing contained in this Paragraph shall be deemed to Tenant) and hold the impose liability on Tenant and its officers, directors, agents and employees harmless from for any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses problem arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.provided neither Tenant nor Tenant’s Invitees contributed to such problem during the Term of the Lease. 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE]

Hazardous Substances. A. Tenant shall To the best of Manager's knowledge after due investigation except as disclosed in the Environmental Reports, (i) the Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Hazardous Substance state super-lien and environmental clean-up statutes and all amendments to and regulations in respect of the foregoing laws (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Property), discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend ; (with counsel reasonably acceptable to Landlordiv) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are present in, on, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response Property; and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenantv) and hold no underground storage tanks exist on the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance To the Seller’s knowledge, and based solely on, and except as set forth in, the Existing Environmental Reports (as hereinafter defined) as to matters occurring before Seller came into ownership of the Property, (i) no “hazardous substances”, as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq., the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901, et seq., and the rules and regulations promulgated pursuant to these acts, any so-called “super-fund” or “super-lien” laws or any applicable state or local laws (collectively, the “Environmental Laws”), nor any other pollutants, toxic materials, or contaminants have been or shall prior to Closing be useddischarged, disbursed, released, stored, treated, generated, contained disposed of, or allowed to escape on the Property, (ii) no asbestos or asbestos containing materials have been installed, used, incorporated into, or disposed of on or in the Complex by TenantProperty, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezersiii) and other related medical research items as no polychlorinated biphenyls are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of located on or in the Complex Property, in violation the form of electrical transformers, fluorescent light fixtures with ballasts, cooling oils, or any other device or form, (iv) no underground storage tanks are located on the Property, (v) no investigation, administrative order, consent order and agreement, litigation, or settlement with respect to hazardous substances has been entered into with respect to the Property, and (vi) the Property has not previously been used as a landfill, cemetery, or as a dump for garbage or refuse. As used herein, the term “Existing Environmental Reports” shall mean the reports and studies listed on Exhibit E attached hereto and by reference incorporated herein. Seller represents to Purchaser that to its knowledge the Existing Environmental Reports constitute all of the environmental reports and studies relating to the Land and Improvements obtained by Seller or any affiliate of Seller or otherwise in the possession or control of Seller. Except as expressly set forth in Section 6.1(f) and this Section 6.1(i), Seller makes no representation whatsoever regarding: (a) compliance with Environmental Laws, or if (b) the Complex becomes contaminated with Hazardous Substances in presence, location or scope of any manner due materials, waste, contaminates, pollutants, mold, fungus, bacteria or other substances or conditions which are toxic, dangerous, radioactive, disease causing, carcinogenic, infectious, caustic, or contain petroleum products or by-products, asbestos, heavy metals, or are defined as toxic, dangerous to the actions health or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable otherwise hazardous by reference to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Except as hereinafter defined) to be used, stored, generated, contained or disposed of on or expressly disclosed in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees environmental reports provided to Lender in connection with the closing of the Loan: (i) the Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, including Toxic Mold, or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation best of a research laboratory up to Borrower’s knowledge, after due inquiry, no Hazardous Substances, other than substances of kinds and including Biosafety Xxxxx 0, provided Tenant must use in amounts ordinarily and store customarily used or stored in similar properties for the purposes of cleaning or other maintenance or operations by tenants in the ordinary course of each such materials tenant’s business in compliance with all applicable lawsEnvironmental Laws, rules and regulationsare or have been (including the period prior to Borrower’s acquisition of the Property), includingdischarged, without limitationgenerated, treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due ; (iv) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain LandlordBorrower’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are present in, onon or under any nearby real property which could migrate to or otherwise affect the Property; (v) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, under or about the Leased Premises in violation of any Environmental Lawstudies, or requiring any noticeaudits, investigation, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance Except as disclosed in the Environmental Report (as hereinafter defined) to be used, stored, generated, contained or disposed of on or defined in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees Environmental Indemnity) (i) no Borrowing Base Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any Regulatory Actions (as defined in the Environmental Indemnity) relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of any Borrowing Base Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation best of a research laboratory up to and including Biosafety Xxxxx 0each Borrower's knowledge, provided Tenant must use and store such materials after due inquiry no prior or current owner, tenant, subtenant, occupant or operator of any Borrowing Base Property has engaged in compliance with all applicable laws, rules and regulations, including, without limitation, all any Environmental Activity (as defined in the Environmental Indemnity) which violates any Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due ; (iv) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual each Borrower's knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are present in, onon or under any nearby real property which could migrate to or otherwise affect any Borrowing Base Property; (v) to the best of each Borrower's knowledge, under after due inquiry, no Toxic Mold is on or about any Borrowing Base Property which requires remediation; (vi) to the Leased Premises best of each Borrower's knowledge after due inquiry, no Tanks (as defined in violation the Environmental Indemnity) no underground storage tanks exist on any Borrowing Base Property and no Borrowing Base Property has ever been used as a landfill; and (vii) there have been no environmental or engineering investigations, studies, audits, tests reviews or other analyses conducted by are in the possession of any Credit Party or their respective Affiliates in relation to the Property that have not been previously delivered to Administrative Agent; and (viii) each Borrower has delivered to Administrative Agent a true, complete and correct copy of the Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (Report with counsel reasonably acceptable respect to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementeach Borrowing Base Property.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance To the best of Mortgagor’s knowledge, except for “Permitted Substances” (as hereinafter defineddefined in the Environmental Indemnity Agreement) and except as specifically described in the Report (as defined in the Environmental Indemnity Agreement), the Mortgaged Property does not contain (a) any hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in, defined in or listed under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, and any applicable state or local statutes, including Mass. Gen. Law §21E or in any regulations promulgating pursuant thereto as such statutes and regulations have been or may be amended from time to be time, or in any other applicable Law, including without limitation those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency or the list of toxic pollutants designated by Congress or said agency, or (b) any petroleum products, including without limitation, gasoline, diesel fuel, fuel oil, heating oil, kerosene, naphtha, benzene, lubricating oil, motor oil, used oil and waste oil, asbestos and materials containing asbestos, lead paint and polychlorinated biphenyls (“PCBs”) (all of the foregoing in clauses (a) and (b) being herein collectively called “Hazardous Substances”). Mortgagor has not received, handled, used, stored, generatedtreated, contained shipped or disposed of on or any Hazardous Substances, except for Permitted Substances. Except as specifically described in the Complex by TenantReport, Tenantno release or threatened release of Hazardous Substances has occurred on, at, under, about, in or from the Mortgaged Property. To the best of Borrower’s agentsknowledge, employeesthere is no civil, contractors criminal or invitees in violation administrative action, suit, demand, claim, hearing, lien, request for information, notice or demand letter, notice of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s violation, citation, penalty, investigation or proceeding pending or threatened with respect to the condition, use or occupancy of the Leased Premises as a research laboratory, Tenant shall be permitted Mortgaged Property which relates to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions Law referred to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement1.02.

Hazardous Substances. A. Tenant shall To the best of Manager's knowledge after due investigation except as disclosed in the Environmental Reports, (i) the Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Hazardous Substance state super-lien and environmental clean-up statutes and all amendments to and regulations in respect of the foregoing laws (as hereinafter definedcollectively, "Environmental Laws"); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos 61 containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (iii) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Property), discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend ; (with counsel reasonably acceptable to Landlordiv) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are present in, on, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response Property; and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenantv) and hold no underground storage tanks exist on the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation except as disclosed in the report dated November 25, 1997, prepared by Certified Environmental Inc. (the "PHASE I REPORT") and delivered to Mortgagee in connection with the Loan: (a) the Mortgaged Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Mortgaged Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Mortgagor 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 Mortgagee 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 Mortgagee ("MORTGAGEE'S CONSULTANT")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Notwithstanding anything to the contrary in this paragraph, the Mortgagor may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Mortgagor under this Paragraph 34 shall survive any termination, rules satisfaction, or ------------ assignment of this Mortgage and regulationsthe exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Mortgaged Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to the best of Borrower’s knowledge, after due inquiry and investigation except as disclosed in the environmental report delivered to Lender in connection with the Loan (the “Phase I Report”): (a) the Security Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), the Resource Conservation and Recovery Act, as amended (“RCRA”), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, “Environmental Laws”); (b) the Security Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Security Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Security Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (e) no underground storage tanks exist on any of the Security Property. So long as Borrower owns or is in possession of the Security Property, Borrower (i) shall keep or cause the Security Property to be kept free from Hazardous Substances except for those substances used by Borrower or tenants in the ordinary course of their businesses and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on or near the Security Property and/or if Borrower shall become aware that the Security Property is in direct or indirect violation of any Environmental Laws and/or if Borrower shall become aware of any condition on or near the Security Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Borrower 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 in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender (“Lender’s Consultant”)), promptly after Borrower becomes aware of same, at Borrower’s sole expense. Notwithstanding anything to the contrary in this Section, the Borrower and/or tenants on the Security Property may use and store immaterial amounts of Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Security Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) is not the subject of any specific recommendations in the AMENDED AND RESTATED MORTGAGE, rules SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 50 43412-20/Continental Towers Phase I Report. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and regulationsliabilities of Borrower under this Section 34 shall survive any termination, satisfaction, or assignment of this Security Instrument and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Security Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall To Borrower’s knowledge, except as disclosed in the reports, dated March 28, 2006, prepared by URS Corporation (the “Phase I Reports”) and delivered to Lender in connection with the Loan: (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, “Environmental Laws”); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property (“Toxic Mold”) and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrower and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Borrower hereby represents and warrants to Lender, except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex by TenantEnvironmental Reports listed on SCHEDULE 7 attached hereto, Tenant’s agents, employees, contractors that: (a) the Properties are not in direct or invitees in indirect violation of any local, state, federal or other applicable governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Laws Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes, including, but not limited to, those specific state and local statutes, regulations and ordinances set forth in each Mortgage with respect to the applicable Property (as hereinafter definedcollectively, "Environmental Laws"). Landlord acknowledges and agrees that as part of Tenant’s use of ; (b) the Leased Premises as a research laboratoryProperties are not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic, Tenant shall be permitted to use lab alcoholsdangerous and/or regulated substances, acidssolvents, radioactive agentswastes, liquid nitrogen materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including installation of liquid nitrogen freezersincluding, without limitation, any raw materials which include hazardous constituents) and any other related medical research items as substances, materials or solvents which are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsincluded under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, to the best of Borrower's knowledge, prior to Borrower's acquisition of the Properties, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Properties other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Properties. All bio-hazardous waste So long as Borrower owns or is in possession of the Properties, Borrower shall keep or cause the Properties to be removed, at Tenant’s sole cost kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and expenselawfully used in the operation of the Property as a hotel or motel, and at Tenant’s risk, by a third party company following any which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, insurance requirements shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on any of the Properties (other than de minimis quantities of Hazardous Substances that are necessary and industry disposal regulations regarding said wastelawfully used in the operation of the Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and/or if Borrower shall become aware that any of the Properties is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while any Mortgage is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of each of the Properties prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Properties. If Hazardous Substances are usedBorrower fails to provide such inspection or audit within thirty (30) days after such request, storedLender may order such inspection or audit, generatedand Borrower hereby grants to Lender and its employees and agents access to the each of the Properties and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under this Agreement, contained or disposed the Note and the Mortgages and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of on or in the Complex in violation of Environmental LawsBorrower under this Section shall survive any termination, satisfaction, or if assignment of any of the Complex becomes contaminated with Hazardous Substances in Mortgages and the exercise by Lender of any manner due to the actions of its rights or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (remedies thereunder including, without limitation, a decrease in value the acquisition of any of the Complex, damages caused Properties by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation except as disclosed in the report dated December 20, 1996, prepared by Certified Environmental Inc. (the "Phase I Report") and delivered to Mortgagee in connection with the Loan: (a) the Mortgaged Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Mortgagor's acquisition of the Mortgaged Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Mortgaged Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and (e) no underground storage tanks exist on any of the Mortgaged Property. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Mortgagor 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 Mortgagee 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 Mortgagee ("Mortgagee's Consultant")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Notwithstanding anything to the contrary in this paragraph, the Mortgagor and the tenants under the Leases may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Mortgagor under this Paragraph 34 shall survive any termination, rules satisfaction, or assignment of this Mortgage and regulationsthe exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Mortgaged Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Except as set forth in that certain Phase I Environmental Site Assessment Report prepared by GZA dated November 3, 2010 and that certain Phase 1 Environmental Site Assessment prepared by Triumvirate Environmental, Inc. dated June 18, 2014 (collectively, the “Environmental Report”), (i) the Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any State super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substance Substances”); (as hereinafter definediii) no Hazardous Substances are or have been (including to be usedthe best of Borrower’s knowledge, storedthe period prior to Borrower’s acquisition of the Property), discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due ; (iv) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain LandlordBorrower’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are present in, on, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response analyses conducted by or on behalf of Borrower or any Guarantor and Landlord shall indemnify, defend (with counsel reasonably acceptable within Borrower’s or any Guarantor’s possession which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall To Borrower's knowledge, except as disclosed in the reporx, xxxxx Xxxxst 18, 2003 prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loan: (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "ENVIRONMENTAL LAWS"); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property ("TOXIC MOLD") and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to and including Biosafety Xxxxx 0contrary in this Section 4.21, provided Tenant must Borrower may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant The following terms shall not cause have the following definitions: (1) "Environmental Laws" means all federal, state, local, or permit municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter later defined). Landlord acknowledges , or pertaining to occupational health or industrial hygiene (and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary only to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable extent that the occupational health or industrial hygiene laws, rules ordinances, or regulations relate to Hazardous Substances on, under, or about the PROPERTY), occupational or environmental conditions on, under, or about the PROPERTY, currently in effect; and regulations, including(2) "Hazardous Substances" means, without limitation, all those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" under any Environmental Laws. All bio-hazardous waste shall be removedLaw; and other substances, at Tenant’s sole cost and expensematerials, and at Tenant’s riskwastes that are regulated or classified as hazardous or toxic under federal, by a third party company following state, or local laws or regulations, including petroleum hydrocarbons and asbestos. SELLER represents that, to its knowledge, and without any and all Environmental Lawsduty of inquiry: Except as may be disclosed in any environmental report delivered to SELLER to COUNTY hereunder, insurance requirements and industry disposal regulations regarding said waste. If the PROPERTY does not contain Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of any Environmental Laws; SELLER has received no written notice, warning, notice of violation, administrative complaint, judicial complaint, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions other formal or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance informal notice alleging that conditions on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances PROPERTY are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring informing SELLER that the PROPERTY is subject to investigation or inquiry regarding Hazardous Substances on the PROPERTY or the violation of any notice, investigation, clean-up, or other response Environmental Law; and Landlord shall indemnify, defend (with counsel reasonably acceptable SELLER has delivered to Tenant) and hold COUNTY copies of all environmental reports in its possession regarding the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementPROPERTY.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Mortgagor hereby represents and warrants to Mortgagee that except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees environmental report delivered to Mortgagee on the Closing Date in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use connection with the closing of the Leased Premises as Loan: (a) except where the failure to comply is not reasonably likely to cause a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to Material Adverse Change the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials Mortgaged Property is in full compliance with all applicable local, state, federal and other governmental authority statutes, ordinances, codes, orders, decrees, laws, rules and regulationsregulations pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including, without limitation, all the Comprehensive Environmental Laws. All bioResponse, Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, as amended, the Emergency Planning and Community Right-hazardous waste shall be removedto-Know Act of 1986, at Tenant’s sole cost as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and expenseHealth Act, as amended, any state super-lien and at Tenant’s risk, by a third party company following any environmental clean-up statutes and all Environmental Lawsregulations, insurance requirements orders and industry disposal regulations regarding said waste. If Hazardous Substances are usedguidelines adopted in respect of the foregoing laws, storedwhether presently in force or coming into being and/or effectiveness hereafter (collectively, generated"ENVIRONMENTAL LAWS"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, contained investigation or disposed of on claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or in the Complex in violation of Environmental Lawscontaminants, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease asbestos or any substance or material containing asbestos, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in value terms of the Complexhealth, damages caused by loss safety or restriction welfare of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claimshumans (collectively, attorneys’ fees, consultant and expert fees"HAZARDOUS SUBSTANCES"); (c) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence best knowledge of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, Mortgagor no Hazardous Substances are or have been (including, the period prior to Mortgagor's acquisition of the Mortgaged Property) released, discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (d) to the best knowledge of Mortgagor no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises Mortgaged Property; and (e) to the best knowledge of Mortgagor no underground storage tanks exist on the Mortgaged Property. So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor: (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances; (ii) shall keep or cause the Mortgaged Property to be kept in compliance with all Environmental Laws; (iii) shall promptly notify Mortgagee in writing if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental LawLaws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which could pose a threat to the health, safety or requiring any noticewelfare of humans; and (iv) shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, investigationas applicable, clean-up, as required by law (or other response and Landlord as shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold be required by Mortgagee in the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result case of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.removal which is not

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (To Borrower’s knowledge, except as hereinafter defined) to may otherwise be used, stored, generated, contained or disposed of on or set forth in the Complex by TenantEnvironmental Report, Tenant’s agents, employees, contractors or invitees (i) the Property is not in violation in any material respect of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien nor has Borrower or Operating Tenant received written notice of a judicial or administrative notice or action or, to Borrower’s knowledge, inquiry, investigation or claim relating to hazardous or toxic substances, or toxic mold or fungus of a type that may pose a risk to human health or the environment or which requires remediation pursuant to applicable law (“Toxic Mold”) or any other substances or materials which are defined as hazardous or toxic under or regulated by Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratorycollectively, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If “Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexSubstances”; provided, however, Tenant must obtain Landlord’s prior written approval for any that Hazardous Substances shall not include de minimis quantities of such remedial action. Tenant shall be responsible for substances commonly used in the application for ordinary course of business of, or day-to-day operation and maintenance of all required permitsthe Property by, Borrower, Operating Tenant, Manager, any guest or any tenant at the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, Property ); (iii) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance in all material respects with all Environmental Laws; (iv) no Hazardous Substances are present in, on or under any nearby real property which are reasonably likely to migrate on to or from the Property and require remediation by Borrower or Operating Tenant pursuant to applicable law; (v) no Toxic Mold is on or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response Property which requires remediation pursuant to applicable law; (vi) no underground storage tanks exist on the Property and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term Property has never been used as a result landfill; and (vii) there have been no written environmental investigations, studies, audits, reviews or similar analyses conducted by or on behalf of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration Borrower or termination of this Lease AgreementOperating Tenant which have not been provided to Lender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Mortgagor hereby represents and warrants to Mortgagee that, except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex Phase I Environmental I Site Assessment dated June 26, 1997, prepared by TenantSCS Engineering, Tenant’s agents, employees, contractors Inc.: (a) the Property is not in direct or invitees in indirect violation of any local, state, federal or other applicable governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Laws Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"). Landlord acknowledges and agrees that as part of Tenant’s use of ; (b) the Leased Premises as a research laboratoryProperty is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic, Tenant shall be permitted to use lab alcoholsdangerous and/or regulated substances, acidssolvents, radioactive agentswastes, liquid nitrogen materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including installation of liquid nitrogen freezersincluding, without limitation, any raw materials which include hazardous constituents) and any other related medical research items as substances, materials or solvents which are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsincluded under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been, prior to Mortgagor's acquisition of the Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. All bio-hazardous waste So long as Mortgagor owns or is in possession of the Property, Mortgagor shall keep or cause the Property to be removed, at Tenant’s sole cost kept free from Hazardous Substances (other than DE MINIMIS quantities of Hazardous Substances that are necessary and expenselawfully used in the operation of the Property as a hotel or motel, and at Tenant’s risk, by a third party company following any which are stored and disposed of in compliance with all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease chlorinators, pesticides, fertilizers, de-icers, cleaning supplies and other Hazardous Substances used by Mortgagor or its agents in value the operation of the ComplexProperty) and in compliance with all Environmental Laws, damages caused shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on the Property and/or if Mortgagor shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Mortgagor shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by loss law, promptly after Mortgagor becomes aware of such Hazardous Substances or restriction of rentable such violations, at Mortgagor's sole expense. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or usable space cure. Upon Mortgagee's request, at any time and from time to time while this Mortgage is in effect (but in no event more frequently than once in any three-year period or any damages caused by adverse impact on marketing more frequently if specific facts and circumstances reasonably dictate, or otherwise at Mortgagee's election but at Mortgagee's expense), Mortgagor shall provide at Mortgagor's sole expense, an inspection or audit of the space Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Mortgagee indicating the presence or absence of Hazardous Substances on the Property. If Mortgagor fails to provide such inspection or audit within thirty (30) days after such request, Mortgagee may order such inspection or audit, and any Mortgagor hereby grants to Mortgagee and all sums paid for settlement of claims, attorneys’ fees, consultant its employees and expert fees) arising during agents access to the Property and a license to undertake such inspection or after the Term and as a result audit. The cost of such useinspection or audit shall be paid by Mortgagor and added to the principal balance of the sums due under the Note and this Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Mortgagor under this Section shall survive any termination, storagesatisfaction, generation, disposal or contamination in violation assignment of Environmental Laws. This indemnification includesthis Mortgage and the exercise by Mortgagee of any of its rights or remedies thereunder including, without limitation, any and all costs incurred because of any investigation the acquisition of the site Property by foreclosure or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation conveyance in lieu of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance Except as disclosed in the Environmental Reports, (as hereinafter definedi) to be usedeach Borrower’s knowledge, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees no Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) to each Borrower’s knowledge, no Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of such Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant; (iii) to each Borrower’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are or have been (including the period prior to any Borrower’s acquisition of any Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from such Property other than in compliance with all Environmental Laws; (iv) to each Borrower’s knowledge, under no Toxic Mold is on or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; and (v) no underground storage tanks exist on any Property and, or requiring any noticeto each Borrower’s knowledge, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term no Property has ever been used as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementlandfill.

Hazardous Substances. A. Tenant shall To Borrower’s knowledge, except as disclosed in the reports identified on Schedule 2 attached hereto and delivered to Lender in connection with the Loan (the “Environmental Reports”): (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, “Environmental Laws”); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property (“Toxic Mold”) and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Owner’s acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrower, Senior Mezzanine Loan Borrower, Owner and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulationsSenior Mezzanine Loan Borrower, includingOwner, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Grantor hereby represents and warrants to Beneficiary that, to the best of Grantor's knowledge, after due inquiry and investigation, except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex Phase I Environmental Site Assessment dated April ___, 2007 prepared by Tenant, Tenant’s agents, employees, contractors _____ (the "Phase I"): (a) the Property is not in direct or invitees in indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Laws Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the [APPLICABLE STATE LAWS AND REGULATIONS] (as hereinafter definedcollectively, "Environmental Laws"). Landlord acknowledges and agrees that as part of Tenant’s use of ; (b) the Leased Premises as a research laboratoryProperty is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic, Tenant shall be permitted to use lab alcoholsdangerous and/or regulated substances, acidsToxic Mold, radioactive agentssolvents, liquid nitrogen wastes, materials, pollutants or contaminants, petroleum, tremolite, anthophyllite or actinolite or polychlorinated biphenyls (including installation of liquid nitrogen freezersincluding, without limitation, any raw materials which include hazardous constituents) and any other related medical research items as substances, materials or solvents which are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsincluded under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Grantor's acquisition of the Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. All bio-hazardous waste So long as Grantor owns or is in possession of the Property, Grantor shall keep or cause the Property to be removed, at Tenant’s sole cost kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and expense, lawfully used in the operation of the Property as a hotel or motel and at Tenant’s risk, by a third party company following any which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, insurance shall promptly notify Beneficiary if Grantor shall become aware of any Hazardous Substances on the Property and/or if Grantor shall become aware that the Property is in direct or indirect violation of any Environmental Laws and Grantor shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law (including, but not limited to, all remedial requirements applicable pursuant to [APPLICABLE STATE LAWS AND REGULATIONS] to the extent required by the [STATE] Commission on Environmental Quality), promptly after Grantor becomes aware of such Hazardous Substances or such violations, at Grantor's sole expense. Nothing herein shall prevent Grantor from recovering such expenses from any other party that may be liable for such removal or cure. Upon Beneficiary's request, at any time and industry disposal regulations regarding said wastefrom time to time while this Deed of Trust is in effect (but in no event more frequently than when specific facts and circumstances reasonably dictate, or otherwise at Beneficiary's election but at Beneficiary's expense), Grantor shall provide at Grantor's sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Beneficiary indicating the presence or absence of Hazardous Substances on the Property. If Hazardous Substances are usedGrantor fails to provide such inspection or audit within thirty (30) days after such request, storedBeneficiary may order such inspection or audit, generatedand Grantor hereby grants to Beneficiary and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Grantor and added to the principal balance of the sums due under the Note and this Deed of Trust and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Grantor under this Section shall survive any termination, contained or disposed of on or in the Complex in violation of Environmental Lawssatisfaction, or if assignment of this Deed of Trust and the Complex becomes contaminated with Hazardous Substances in exercise by Beneficiary of any manner due to the actions of its rights or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (remedies thereunder including, without limitation, a decrease in value the acquisition of the Complex, damages caused Property by loss foreclosure or restriction a conveyance in lieu of rentable foreclosure for acts or usable space events occurring or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) obligations arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release foreclosure or other discharge by Tenant transfer of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex title from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementGrantor.

Hazardous Substances. A. Tenant shall Except as set forth in (a) the environmental report relating to the Property provided to or prepared for Lender in connection with the Loan and (b) the environmental report dated February 18, 2009 relating to the Property provided to or prepared for Borrower, a copy of which has been delivered to Lender (collectively, the “Environmental Report”), (i) the Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen ; (including installation of liquid nitrogen freezersiii) and other related medical research items as are necessary to the operation actual knowledge of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective DateBorrower, no Hazardous Substances are or have been discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (v) there have been no environmental investigations, under or about the Leased Premises in violation of any Environmental Lawstudies, or requiring any noticeaudits, investigation, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during analyses conducted by or after the Term as a result on behalf of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementBorrower.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge after due inquiry and investigation, except as hereinafter defined) to be used, stored, generated, contained or disposed of on or disclosed in the Complex by Tenant, Tenant’s agents, employees, contractors Environmental Reports: (a) the Mortgaged Property is not in direct or invitees in indirect material violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of Tenant’s use of the Leased Premises as a research laboratoryconduct concerning environmental regulation, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory contamination or clean-up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws. All bio-"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous waste shall be removedand/or toxic, at Tenant’s sole cost and expensedangerous and/or regulated, and at Tenant’s risksubstances, by a third party company following any and all Environmental Lawssolvents, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedwastes, storedmaterials, generatedpollutants or contaminants, contained petroleum, tremolite, anthlophylie or disposed of on actinolite or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses polychlorinated biphenyls (including, without limitation, a decrease in value any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Borrower's acquisition of the ComplexMortgaged Property, damages caused by loss discharged, generated, treated, disposed of or restriction of rentable stored on, incorporated in or usable space removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any damages caused by adverse impact on marketing of the space Mortgaged Property. So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Borrower shall have the right to contest any Environmental Law (as such term is defined in the Environmental Agreement) as provided in the Environmental Agreement, subject to any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after conditions to the Term and as a result exercise of such useright contained therein. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, storageat any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, generationor otherwise at Lender's election but at Lender's expense), disposal Borrower shall provide at Borrower's sole expense, an inspection or contamination in violation audit of Environmental Lawsthe Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. This indemnification includesIf Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and, if not so paid, shall be added to the principal balance of the sums due under the Note and the Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section shall survive any termination, satisfaction, or assignment of the Mortgage and the exercise by Lender of any of its rights or remedies thereunder including, without limitation, any and all costs incurred because of any investigation the acquisition of the site Mortgaged Property by foreclosure or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation conveyance in lieu of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreementforeclosure. Notwithstanding the foregoing anything herein to the contrary, Tenant acknowledges that Borrower shall have no liability under this Section with respect to: (i) any acts or omissions which occur from and after the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as conveyance of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental LawMortgaged Property to Lender, or requiring any noticeits designee, investigationby foreclosure, clean-updeed in lieu of foreclosure or similar transaction, or other response and Landlord shall indemnifythe discharge, defend by satisfaction or assignment of the Mortgage; or (with counsel reasonably acceptable to Tenantii) and hold any matters which arise by reason of the Tenant and its officersacts or omissions of Lender or any of successors, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during assigns or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementdesignees.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as disclosed in the report, dated March 7, 2003, prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loan: (a) the Trust Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"): (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Trust Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Trust Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable lawsEnvironmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, rules Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Laws or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and regulations(iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation 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 Lender ("LEADER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Trust Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause To the best of each Borrower's -------------------- knowledge after due inquiry, except as disclosed in the written environmental reports delivered to Lender prior to the date hereof: (i) no Collateral Property is in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Hazardous Substance state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (ii) no Collateral Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic, dangerous and/or regulated substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including asbestos, asbestos containing materials, petroleum, tremolite, anthlophylite, actinolite, polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (iii) no Hazardous Substances are or have been (including the period prior to the acquisition of any Collateral Property by the Borrower that owns it), discharged, generated, contained treated, stored on, incorporated in, or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and removed from any Collateral Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If ; (iv) except for Routine Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective DateSubstances, no Hazardous Substances are or have been (including the period prior to the acquisition of any Collateral Property by the Borrower that owns it), disposed of or transported from any Collateral Property other than in compliance with all Environmental Laws; (v) no Hazardous Substances are present in, onon or under any nearby real property which could migrate to or otherwise affect any Collateral Property; and (vi) no underground storage tanks exist on any Collateral Property. There have been no environmental investigations, under studies, audits, reviews or about the Leased Premises in violation other analyses conducted by or on behalf of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation except as disclosed on Exhibit B annexed hereto: (a) the Mortgaged Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, New York's Navigation Law, and any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Mortgagor's acquisition of the Mortgaged Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Mortgaged Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws and other than releases of Hazardous Substances which have been remediated in compliance with applicable lawsEnvironmental Laws; (d) no Hazardous Substances are present in, rules on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; and regulations(e) no underground storage tanks exist on any of the Mortgaged Property. So long as Mortgagor owns any interest in or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances and in compliance with all Environmental Laws, (ii) shall promptly notify Mortgagee if Mortgagor shall become aware of any Hazardous Substances on or near the Mortgaged Property and/or if Mortgagor shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Mortgagor 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 Mortgagor 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 Mortgagee ("Mortgagee's Consultant")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Notwithstanding anything to the contrary in this paragraph, Mortgagor and/or tenants on the Mortgaged Property may use and store immaterial amounts of Hazardous Substances at the Mortgaged Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Mortgaged Property so long as such use and storage does not violate any applicable Environmental Laws. Nothing herein shall prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Mortgagor under this Paragraph 28 shall survive any termination, satisfaction, or assignment of this Mortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Mortgaged Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge, after due inquiry and investigation: (a) the Mortgaged Property is not cause in direct or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in indirect violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of Tenant’s use of the Leased Premises as a research laboratoryconduct concerning environmental regulation, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory contamination or clean-up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes, and all regulations adopted in respect to the foregoing laws (collectively, "Environmental Laws"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants, including without limitation petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be otherwise dangerous in terms of the health, safety or welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Mortgagor's acquisition of the Mortgaged Property) discharged, generated, treated, disposed of or stored on, incorporated in, or removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Mortgaged Property; (e) no underground storage tanks exist on any of the Mortgaged Property; and (f) no Hazardous Substances which are upon the Property, but which are not subject to the Environmental Laws, present a threat to the health, safety or welfare of any person. All bio-hazardous waste So long as Mortgagor owns or is in possession of the Mortgaged Property, Mortgagor (i) shall keep or cause the Mortgaged Property to be removed, at Tenant’s sole cost kept free from Hazardous Substances and expense, and at Tenant’s risk, by a third party company following any and in compliance with all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or (ii) shall promptly notify Mortgagee if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant Mortgagor shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence become aware of any Hazardous Substance Substances on or near the Complex in violation of Environmental Laws that results in contamination, Tenant Mortgaged Property and/or if Mortgagor shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges become aware that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present Mortgaged Property is in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation direct or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in indirect violation of any Environmental LawLaws and/or if Mortgagor shall become aware of any condition on or near the Mortgaged Property which shall pose a threat to the health, safety or requiring any noticewelfare of humans, investigationand (iii) shall remove such Hazardous Substances and/or cure such violations and/or remove such threats, clean-upas applicable, as required by law (or as shall be required by Mortgagee in the case of removal which is not required by law, but in response to the opinion and recommendation of a licensed hydrogeologist, licensed environmental engineer or other response and Landlord qualified consultant engaged by Mortgagee ("Mortgagee's Consultant")), promptly after Mortgagor becomes aware of same, at Mortgagor's sole expense. Nothing herein shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless prevent Mortgagor from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in Mortgagor under this Section 39 paragraph shall survive the expiration any termination, satisfaction or termination assignment of this Lease AgreementMortgage and the exercise by Mortgagee of any of its rights or remedies hereunder, including, but not limited to, the acquisition of the Mortgaged Property by foreclosure or a conveyance in lieu of foreclosure.

Hazardous Substances. A. Tenant shall Mortgagor covenants, warrants and represents to the Mortgagee, its successors and assigns, (i) that except as permitted by law, including all applicable statutes, regulations, and rulings, it has not cause used or permitted and will not use or permit any Hazardous Substance (as hereinafter defined) the Project to be used, storedwhether directly or through contractors, generatedagents or tenants, contained and to the best of the Mortgagor’s knowledge and except as disclosed to the Mortgagee in writing, for the generating, transporting, treating, storage, manufacture, emission of, or disposed disposal of on any dangerous, toxic or hazardous pollutants, chemical wastes or substances as defined in the Complex Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), or the Federal Resource Conservation and Recovery Act of 1976 (“FRCRA”), or the Minnesota Environmental Response Liability Act, Minnesota Statutes, Chapter 115A (“XXXXX”), or any other federal, state or local environmental laws, statutes, regulations, requirements and ordinances (“Hazardous Materials”); (ii) that there have been no investigations or reports citing the Mortgagor or its operations as violating the foregoing by Tenantany governmental authority which in any way pertain to Hazardous Materials; (iii) that to the best of Mortgagor’s knowledge, Tenantthe Mortgaged Property is not listed in the United States Environmental Protection Agency’s agentsNational Priorities List of Hazardous Waste Sites nor any other list, employeesschedule, contractors log, inventory or invitees in violation record of Environmental Laws Hazardous Materials or hazardous waste sites, whether maintained by the United States Government or any other state or local agency; (as hereinafter defined). Landlord acknowledges and agrees iv) that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up the Mortgaged Property will not violate any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials; (v) that to the best of Xxxxxxxxx’s knowledge, the Mortgaged Property does not contain any formaldehyde, urea-formaldehyde, or asbestos, except as may have been disclosed in writing to the Mortgagee by the Mortgagor at the time of execution and including Biosafety Xxxxx 0delivery of this Mortgage; and (vi) that at its expense it will take, provided Tenant must use or cause to be taken, any and store all actions required to investigate, remedy, correct, or modify any adverse or potentially adverse environmental conditions at the Mortgaged Property which the so-called “Phase I” environmental report discloses exist, or which is otherwise disclosed to exist. In addition to the foregoing, the Mortgagor shall not install or maintain, or permit the installation or maintenance of any above-ground storage tanks for the storage of petroleum, petroleum byproducts, or other Hazardous Materials in, about, or under the Mortgaged Property unless (i) the Mortgagor has obtained the prior consent of the Mortgagee for such materials installation and maintenance, and (ii) the Mortgagor installs and maintains each such storage tank in compliance with all applicable Federal, State and local laws, rules including the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C, as amended. The Mortgagor agrees to indemnify and regulationsreimburse the Mortgagee, includingits successors and assigns, without limitationfor any breach of these representations and warranties and from loss, all Environmental Laws. All bio-hazardous waste shall be removeddamage, at Tenant’s sole expense or cost and expense, and at Tenant’s risk, arising out of or incurred by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as Mortgagee which is a result of such usea breach, storagemisstatement of or misrepresentation of the above covenants, generationrepresentations and warranties, disposal or contamination together with all reasonable attorneys’ fees incurred in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because connection with the defense of any investigation action against the Mortgagee arising out of the site or any cleanupabove. These covenants, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation representations and warranties are for the benefit of the foregoingMortgagee, if Tenant causes and any successor or permits assign of the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contaminationMortgagee, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response deemed to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreementthe Mortgage. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.ARTICLE FOUR

Hazardous Substances. A. Tenant shall To Borrowers’ knowledge, except as disclosed in the reports, dated June 1, 2004 prepared by ACC Environmental Consultants, Inc. (the "Phase I Reports") and delivered to Lender in connection with the Loan: (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (collectively, "Environmental Laws"); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property ("Toxic Mold") and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Borrowers’ acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrowers and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrowers, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Grantor hereby represents and warrants to Beneficiary that, to the best of Grantor's knowledge, after due inquiry and investigation, except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set forth in the Complex Phase I Environmental Site Assessment (EBI Project #11063582) dated August 4, 2006 prepared by Tenant, Tenant’s agents, employees, contractors EBI Consulting (the "Phase I"): (a) the Property is not in direct or invitees in indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation or common law pertaining to or imposing liability or standards of conduct concerning the protection of human health, environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Laws Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (as hereinafter definedcollectively, "Environmental Laws"). Landlord acknowledges and agrees that as part of Tenant’s use of ; (b) the Leased Premises as a research laboratoryProperty is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous and/or toxic, Tenant shall be permitted to use lab alcoholsdangerous and/or regulated substances, acidsToxic Mold, radioactive agentssolvents, liquid nitrogen wastes, materials, pollutants or contaminants, petroleum, tremolite, anthlophylie or actinolite or polychlorinated biphenyls (including installation of liquid nitrogen freezersincluding, without limitation, any raw materials which include hazardous constituents) and any other related medical research items as substances, materials or solvents which are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsincluded under or regulated by Environmental Laws, including, without limitation, Asbestos (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Grantor's acquisition of the Property, discharged, generated, treated, disposed of or stored on, incorporated in or removed or transported from the Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Property. All bio-hazardous waste So long as Grantor owns or is in possession of the Property, Grantor shall keep or cause the Property to be removed, at Tenant’s sole cost kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and expense, lawfully used in the operation of the Property as a hotel or motel and at Tenant’s risk, by a third party company following any which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, insurance requirements shall promptly notify Beneficiary if Grantor shall become aware of any Hazardous Substances on the Property and/or if Grantor shall become aware that the Property is in direct or indirect violation of any Environmental Laws and industry disposal regulations regarding said wasteGrantor shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Grantor becomes aware of such Hazardous Substances or such violations, at Grantor's sole expense. Nothing herein shall prevent Grantor from recovering such expenses from any other party that may be liable for such removal or cure. Upon Beneficiary's request, at any time and from time to time while this Deed of Trust is in effect (but in no event more frequently than when specific facts and circumstances reasonably dictate, or otherwise at Beneficiary's election but at Beneficiary's expense), Grantor shall provide at Grantor's sole expense, an inspection or audit of the Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Beneficiary indicating the presence or absence of Hazardous Substances on the Property. If Hazardous Substances are usedGrantor fails to provide such inspection or audit within thirty (30) days after such request, storedBeneficiary may order such inspection or audit, generatedand Grantor hereby grants to Beneficiary and its employees and agents access to the Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Grantor and added to the principal balance of the sums due under the Note and this Deed of Trust and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Grantor under this Section shall survive any termination, contained or disposed of on or in the Complex in violation of Environmental Lawssatisfaction, or if assignment of this Deed of Trust and the Complex becomes contaminated with Hazardous Substances in exercise by Beneficiary of any manner due to the actions of its rights or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (remedies thereunder including, without limitation, a decrease in value the acquisition of the Complex, damages caused Property by loss foreclosure or restriction a conveyance in lieu of rentable foreclosure for acts or usable space events occurring or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) obligations arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release foreclosure or other discharge by Tenant transfer of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex title from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementGrantor.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to Borrower’s knowledge, except as disclosed in the report, dated March 7, 2003, prepared by Certified Environments, Inc. (the “PHASE I REPORT”) and delivered to Lender in connection with the Loan: (a) the Trust Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), the Resource Conservation and Recovery Act, as amended (“RCRA”), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, “ENVIRONMENTAL LAWS”); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “HAZARDOUS SUBSTANCES”): (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Trust Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Trust Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable lawsEnvironmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, rules Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Laws or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and regulations(iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation 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 Lender (“LEADER’S CONSULTANT”) provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower’s sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Trust Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance To the best of Borrower’s knowledge, except for “Permitted Substances” (as hereinafter defineddefined in the Environmental Indemnity Agreement) and except as specifically described in the Report (as defined in the Environmental Indemnity Agreement), the Mortgaged Property does not contain (a) any hazardous wastes, hazardous substances, hazardous materials, toxic substances, hazardous air pollutants or toxic pollutants, as those terms are used in, defined in or listed under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, and any applicable state or local statutes, including Mass. Gen. Law §21E or in any regulations promulgating pursuant thereto as such statutes and regulations have been or may be amended from time to be time, or in any other applicable Law, including without limitation those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency or the list of toxic pollutants designated by Congress or said agency, or (b) any petroleum products, including without limitation, gasoline, diesel fuel, fuel oil, heating oil, kerosene, naphtha, benzene, lubricating oil, motor oil, used oil and waste oil, asbestos and materials containing asbestos, lead paint and polychlorinated biphenyls (“PCBs”) (all of the foregoing in clauses (a) and (b) being herein collectively called “Hazardous Substances”). Borrower has not received, handled, used, stored, generatedtreated, contained shipped or disposed of on or any Hazardous Substances, except for Permitted Substances. Except as specifically described in the Complex by TenantReport, Tenantno release or threatened release of Hazardous Substances has occurred on, at, under, about, in or from the Mortgaged Property. To the best of Borrower’s agentsknowledge, employeesthere is no civil, contractors criminal or invitees in violation administrative action, suit, demand, claim, hearing, lien, request for information, notice or demand letter, notice of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s violation, citation, penalty, investigation or proceeding pending or threatened with respect to the condition, use or occupancy of the Leased Premises as a research laboratory, Tenant shall be permitted Mortgaged Property which relates to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions Law referred to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement1.02.

Hazardous Substances. A. Tenant shall To the best of Borrower’s knowledge as of the date hereof, and except as otherwise set forth and disclosed in the Environmental Report, (i) the Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substance Substances”); (as hereinafter definediii) to be used, storedno Hazardous Substances are or have been discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of ; (iv) no Toxic Mold is on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; (vi) no underground storage tanks exist on the Property; and (vii) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Mortgagor hereby represents and warrants to Mortgagee that, to the best of Mortgagor's knowledge and except as disclosed in that certain Phase I Environmental Site Assessment dated April 12, 2004 prepared by National Assessment Corporation and previously delivered to Mortgagee in connection with the Loan (the "Environmental Report"): (a) the Mortgaged Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, permits, rule or regulation pertaining to or imposing liability or standards of Tenant’s use of the Leased Premises as a research laboratoryconduct concerning environmental regulation, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory contamination or clean-up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all regulations adopted in respect to the foregoing laws (collectively, "Environmental Laws. All bio-"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation, claim or threatened claim relating to hazardous waste shall be removedand/or toxic, at Tenant’s sole cost and expensedangerous and/or regulated, and at Tenant’s risksubstances, by a third party company following any and all Environmental Lawswastes, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedmaterials, storedraw materials which include hazardous constituents, generated, contained pollutants or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, contaminants including without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.petroleum,

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as disclosed in the report, dated May 23, 2003 prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loans: (a) the Trust Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Trust Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Trust Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable lawsEnvironmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, rules Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Laws or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and regulations(iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation 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 Lender ("LENDER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Trust Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant hereby covenants and agrees that Tenant shall not cause or knowingly permit any “Hazardous Substance Substances” (as hereinafter defined) to be usedgenerated, placed, held, stored, generatedused, contained located or disposed of on at the Building or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a “response action”, as that term is defined in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws CERCLA (as hereinafter defined). Landlord acknowledges , and agrees that so long as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in strictly complies or causes compliance with all applicable laws, governmental rules and regulationsregulations concerning the use or production of such Hazardous Substances. For purposes of this paragraph, including, without limitation, all Environmental Laws. All bio-hazardous waste “Hazardous Substances” shall be removed, at Tenant’s sole cost mean and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Congress or the EPA which are useddefined as hazardous, storedtoxic, generatedpollutant, contained infectious or disposed of on radioactive by any other federal, state or in the Complex in violation of Environmental Lawslocal statute, law, ordinance, code, rule, regulation, order or if the Complex becomes contaminated with Hazardous Substances in any manner due decree regulating, relating to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses imposing liability (including, without limitation, a decrease strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space effect (collectively “Environmental Laws”). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all sums paid for settlement of claimslosses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, consultant costs of settlement or judgment and expert fees) arising during claims of any and every kind whatsoever paid, incurred or after the Term and 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 of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includesany Hazardous Substances (including, without limitation, any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ fees, costs incurred because of any investigation of settlement or judgment or claims asserted or arising under the site or Comprehensive Environmental Response, Compensation and Liability Act [“CERCLA”], any cleanup, removal or restoration mandated by a so–called federal, state or local agency “Superfund” or political subdivision. Without limitation of the foregoing, if Tenant causes “Superlien” laws or permits the presence of any Hazardous Substance on the Complex in violation of other Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexLaw); provided, however, Tenant must obtain Landlordthat the foregoing indemnity is limited to matters arising solely from Tenant’s prior written approval for any such remedial action. Tenant shall be responsible for violation of the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Lawscovenant contained in this Article. The indemnity obligations of Tenant under this Section 39 Article shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLease. See Special Stipulation 12.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or Except for matters set forth in the Complex by Tenantenvironmental reports furnished to Lender in connection with the Loan, Tenant’s agentsBorrower hereby represents and warrants to Lender that, employees, contractors to the best of Borrower's knowledge: (a) the Mortgaged Property is not in direct or invitees in indirect violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of Tenant’s use of the Leased Premises as a research laboratoryconduct concerning environmental regulation, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory contamination or clean-up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any State or Territory super-lien and/or environmental clean-up statutes (collectively, "Environmental Laws. All bio-"); (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous waste shall be removedand/or toxic, at Tenant’s sole cost and expensedangerous and/or regulated, and at Tenant’s risksubstances, by a third party company following any and all Environmental Lawssolvents, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedwastes, storedmaterials, generatedpollutants or contaminants, contained petroleum, tremolite, anthlophylie or disposed of on actinolite or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses polychlorinated biphenyls (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space raw materials which include hazardous constituents) and any and all sums paid for settlement of claimsother substances, attorneys’ fees, consultant and expert fees) arising during materials or after the Term and as a result of such use, storage, generation, disposal solvents which are included under or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated regulated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination(collectively, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such "Hazardous Substance on the ComplexSubstances"); provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, (c) no Hazardous Substances are inor have been, prior to Borrower's acquisition of the Mortgaged Property, discharged, generated, treated, disposed of or stored on, under incorporated in or about removed or transported from the Leased Premises Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any of the Mortgaged Property. So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (other than existing conditions at the Mortgaged Property which, as and when remediated by Borrower, are to be remediated in accordance with Lender-approved plans and specifications, and de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any other Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in violation of any Environmental LawLaws (other than with respect to existing conditions at the Mortgaged Property which shall be remediated in accordance with Lender-approved plans and specifications) and Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or requiring otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. If Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and, if not so paid, shall be added to the principal balance of the sums due under the Note and the Mortgage and shall bear interest thereafter until paid at the Default Rate. The obligations and liabilities of Borrower under this Section shall survive any noticetermination, investigation, clean-upsatisfaction, or other response assignment of the Mortgage and Landlord shall indemnifythe exercise by Lender of any of its rights or remedies thereunder including, defend (with counsel reasonably acceptable to Tenant) and hold without limitation, the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during acquisition of the Mortgaged Property by foreclosure or after the Term as a result conveyance in lieu of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall To Borrower's knowledge, except as disclosed in the reports, dated December 21, 2004 prepared by URS Corporation Americas (the "Phase I Reports") and delivered to Lender in connection with the Loan: (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super- lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, "Environmental Laws"); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property ("Toxic Mold") and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrower and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to the best of Borrower’s knowledge, after due inquiry and investigation except as disclosed in the environmental report delivered to Lender in connection with the Loan (the “Phase I Report”): (a) the Security Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended (“CERCLA”), the Resource Conservation and Recovery Act, as amended (“RCRA”), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 49 43412-20/Continental Towers the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, “Environmental Laws”); (b) the Security Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Security Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Security Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (e) no underground storage tanks exist on any of the Security Property. So long as Borrower owns or is in possession of the Security Property, Borrower (i) shall keep or cause the Security Property to be kept free from Hazardous Substances except for those substances used by Borrower or tenants in the ordinary course of their businesses and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on or near the Security Property and/or if Borrower shall become aware that the Security Property is in direct or indirect violation of any Environmental Laws and/or if Borrower shall become aware of any condition on or near the Security Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Borrower 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 in response to the opinion of a licensed hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender (“Lender’s Consultant”)), promptly after Borrower becomes aware of same, at Borrower’s sole expense. Notwithstanding anything to the contrary in this Section, the Borrower and/or tenants on the Security Property may use and store immaterial amounts of Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Security Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this Section 34 shall survive any termination, rules satisfaction, or assignment of this Security Instrument and regulationsthe exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Security Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Mortgagor covenants, warrants and represents to the Mortgagee, its successors and assigns, (i) that except as permitted by law, including all applicable statutes, regulations, and rulings, it has not cause used or permitted and will not use or permit any Hazardous Substance (as hereinafter defined) the Project to be used, storedwhether directly or through contractors, generatedagents or tenants, contained and to the best of the Mortgagor’s knowledge and except as disclosed to the Mortgagee in writing, for the generating, transporting, treating, storage, manufacture, emission of, or disposed disposal of on any dangerous, toxic or hazardous pollutants, chemical wastes or substances as defined in the Complex Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), or the Federal Resource Conservation and Recovery Act of 1976 (“FRCRA”), or the Minnesota Environmental Response Liability Act, Minnesota Statutes, Chapter 115A (“XXXXX”), or any other federal, state or local environmental laws, statutes, regulations, requirements and ordinances (“Hazardous Materials”); (ii) that there have been no investigations or reports citing the Mortgagor or its operations as violating the foregoing by Tenantany governmental authority which in any way pertain to Hazardous Materials; (iii) that to the best of Mortgagor’s knowledge, Tenantthe Mortgaged Property is not listed in the United States Environmental Protection Agency’s agentsNational Priorities List of Hazardous Waste Sites nor any other list, employeesschedule, contractors log, inventory or invitees in violation record of Environmental Laws Hazardous Materials or hazardous waste sites, whether maintained by the United States Government or any other state or local agency; (as hereinafter defined). Landlord acknowledges and agrees iv) that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up the Mortgaged Property will not violate any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials; (v) that to the best of Mortgagor’s knowledge, the Mortgaged Property does not contain any formaldehyde, urea-formaldehyde, or asbestos, except as may have been disclosed in writing to the Mortgagee by the Mortgagor at the time of execution and including Biosafety Xxxxx 0delivery of this Mortgage; and (vi) that at its expense it will take, provided Tenant must use or cause to be taken, any and store all actions required to investigate, remedy, correct, or modify any adverse or potentially adverse environmental conditions at the Mortgaged Property which the so-called “Phase I” environmental report discloses exist, or which is otherwise disclosed to exist. In addition to the foregoing, the Mortgagor shall not install or maintain, or permit the installation or maintenance of any above-ground storage tanks for the storage of petroleum, petroleum byproducts, or other Hazardous Materials in, about, or under the Mortgaged Property unless (i) the Mortgagor has obtained the prior consent of the Mortgagee for such materials installation and maintenance, and (ii) the Mortgagor installs and maintains each such storage tank in compliance with all applicable Federal, State and local laws, rules including the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C, as amended. The Mortgagor agrees to indemnify and regulationsreimburse the Mortgagee, includingits successors and assigns, without limitationfor any breach of these representations and warranties and from loss, all Environmental Laws. All bio-hazardous waste shall be removeddamage, at Tenant’s sole expense or cost and expense, and at Tenant’s risk, arising out of or incurred by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as Mortgagee which is a result of such usea breach, storagemisstatement of or misrepresentation of the above covenants, generationrepresentations and warranties, disposal or contamination together with all reasonable attorneys’ fees incurred in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because connection with the defense of any investigation action against the Mortgagee arising out of the site or any cleanupabove. These covenants, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation representations and warranties are for the benefit of the foregoingMortgagee, if Tenant causes and any successor or permits assign of the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contaminationMortgagee, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response deemed to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreementthe Mortgage. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.ARTICLE FOUR

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to the best of Borrower's knowledge, after due inquiry and investigation except as disclosed in the environmental report delivered to Lender in connection with the Loan (the "Phase I Report"): (a) the Security Property is not cause in direct or permit indirect violation of any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "Environmental Laws"); (b) the Security Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Security Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Security Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Security Property; and (e) no underground storage tanks exist on any of the Security Property. So long as Borrower owns or is in possession of the Security Property, Borrower (i) shall keep or cause the Security Property to be kept free from Hazardous Substances except for those substances used by Borrower or tenants in the ordinary course of their businesses and in compliance with all Environmental Laws, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on or near the Security Property and/or if Borrower shall become aware that the Security Property is in direct or indirect violation of any Environmental Laws and/or if Borrower shall become aware of any condition on or near the Security Property which shall pose a threat to the health, safety or welfare of humans, and (iii) Borrower 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 in response to the opinion of a licensed MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 52 hydrogeologist, licensed environmental engineer or other qualified consultant engaged by Lender ("Lender's Consultant")), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this Section, the Borrower and/or tenants on the Security Property may use and store immaterial amounts of Hazardous Substances at the Security Property if such use or storage is in connection with the ordinary cleaning and maintenance of the Security Property so long as such use and storage (A) does not violate any applicable lawsEnvironmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this Section 34 shall survive any termination, rules satisfaction, or assignment of this Security Instrument and regulationsthe exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Security Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as disclosed in the report, dated March 7, 2003, prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loan: (a) the Trust Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Trust Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Trust Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable lawsEnvironmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, rules Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Laws or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and regulations(iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation 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 Lender ("LENDER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Trust Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (as hereinafter defineda) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees No Property is in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, "Environmental Laws"); (b) no Property is subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of such Property ("Toxic Mold") or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, "Hazardous Substances"). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted ; (c) to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current each Borrower's actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are or have been (including the period prior to such Borrower's acquisition of its Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from any Property other than in compliance with all Environmental Laws; (d) to each Borrower's actual knowledge, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect any Property; (e) to Borrowers' actual knowledge, no Toxic Mold is on or about any Property which requires remediation; (f) to Borrower's knowledge, except for the Leased Premises in violation Hawaii Property, no underground storage tanks exist on any Property and no Property has ever been used as a landfill; and (g) there have been no environmental investigations, studies, audits, reviews or other analyses conducted by or on behalf of any Environmental Law, Borrower or requiring which are in any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable Borrower's possession which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Borrower hereby represents and warrants to Lender that. to the best of Borrower's knowledge. after due inquiry and investigation, and except as hereinafter defined) to be used, stored, generated, contained or disposed of on or disclosed in the Complex by Tenant, Tenant’s agents, employees, contractors environmental audits of the Mortgaged Property furnished to Lender in connection with the Loan: (a) the Mortgaged Property is not in direct or invitees in indirect violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part any local, state, federal or other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of Tenant’s use of the Leased Premises as a research laboratoryconduct concerning environmental regulation, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory contamination or clean-up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, and any state super-lien and environmental clean-up statutes (collectively, "Environmental Laws. All bio-") (b) the Mortgaged Property is not subject to any private or governmental lien or judicial or administrative notice or action relating to hazardous waste shall be removedand/or toxic, at Tenant’s sole cost and expensedangerous and/or regulated, and at Tenant’s risksubstances, by a third party company following any and all Environmental Lawssolvents, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are usedwastes, storedmaterials, generatedpollutants or contaminants, contained petroleum, tremolite, anthlophylie or disposed of on actinolite or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses polychlorinated biphenyls (including, without limitation, a decrease in value any raw materials which include hazardous constituents) and any other substances, materials or solvents which are included under or regulated by Environmental Laws (collectively, "Hazardous Substances"); (c) no Hazardous Substances are or have been, prior to Borrower's acquisition of the ComplexMortgaged Property, damages caused by loss discharged, generated, treated, disposed of or restriction of rentable stored on, incorporated in or usable space removed or transported from the Mortgaged Property other than in compliance with all Environmental Laws; and (d) no underground storage tanks exist on any damages caused by adverse impact on marketing of the space Mortgaged Property. So long as Borrower owns or is in possession of the Mortgaged Property, Borrower shall keep or cause the Mortgaged Property to be kept free from Hazardous Substances (other than de minimis quantities of Hazardous Substances that are necessary and lawfully used in the operation of the Mortgaged Property as a hotel or motel, and which are stored and disposed of in compliance with all Environmental Laws) and in compliance with all Environmental Laws, shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Mortgaged Property and/or if Borrower shall become aware that the Mortgaged Property is in direct or indirect violation of any Environmental Laws and all Borrower shall remove such Hazardous Substances and/or cure such violations, as applicable, as required by law, promptly after Borrower becomes aware of such Hazardous Substances or such violations, at Borrower's sole expense. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. Upon Lender's request, at any time and from time to time while this Agreement is in effect (but in no event more frequently than once in any three-year period or more frequently if specific facts and circumstances reasonably dictate, or otherwise at Lender's election but at Lender's expense), Borrower shall provide at Borrower's sole expense, an inspection or audit of the Mortgaged Property prepared by a licensed hydrogeologist or licensed environmental engineer approved by Lender indicating the presence or absence of Hazardous Substances on the Mortgaged Property. If Borrower fails to provide such inspection or audit within 30 days after such request, Lender may order such inspection or audit, and Borrower hereby grants to Lender and its employees and agents access to the Mortgaged Property and a license to undertake such inspection or audit. The cost of such inspection or audit shall be paid by Borrower and added to the principal balance of the sums due under the Note and the Mortgage and shall bear interest thereafter until paid for settlement at the Default Rate. The obligations and liabilities of claims, attorneys’ fees, consultant and expert fees) Borrower under this Section which relate to conditions created or arising during Borrower's ownership of the Mortgaged Property and prior to Lender's taking possession of the Mortgaged Property shall survive any termination, satisfaction, or after assignment of the Term Mortgage and as a result the exercise by Lender of such use, storage, generation, disposal any of its rights or contamination in violation of Environmental Laws. This indemnification includesremedies thereunder including, without limitation, any and all costs incurred because of any investigation the acquisition of the site Mortgaged Property by foreclosure or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation conveyance in lieu of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in Borrower represents and warrants that the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expenseCollateral never has been, and at Tenant’s risk, by never will be so long as this Agreement remains a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance lien on the Complex in violation of Environmental Laws that results in contaminationCollateral, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental LawLaws or for the generation, manufacture, storage, transportation, treatment, disposal, release or requiring threatened release of any notice, investigation, clean-up, Hazardous Substance in violation of any Environmental Laws. The representations and warranties contained herein are based on Borrower’s due diligence in investigating the Collateral for Hazardous Substances. Borrower hereby (i) releases and waives any future claims against Lender for indemnity or contribution in the event any Borrower becomes liable for cleanup or other response costs under any Environmental Laws, and Landlord shall indemnify, defend (with counsel reasonably acceptable ii) agree to Tenant) indemnify and hold the Tenant and its officers, directors, agents and employees harmless from Lender against any and all claims, damages, fines, judgments, penalties, costs, liabilities claims and losses arising during or after the Term as resulting from a result of Landlord’s breach of such representation and warrantythis provision of this Agreement. Landlord’s obligations set forth in this Section 39 This obligation to indemnify shall survive the expiration or termination payment of the Obligations and the satisfaction of this Lease Agreement. For purposes of this Agreement, “Environmental Law” shall mean any present or future federal, foreign, state or local law, ordinance, order, rule or regulation and all judicial, administrative and regulatory decrees, judgments and orders, pertaining to health, industrial hygiene, the use, disposal or transportation of Hazardous Substances, environmental contamination or pertaining to the protection of the environment as these laws have been or may be amended or supplemented, and any successor thereto, and any analogous foreign, state or local statutes, and the rules, regulations and orders promulgated pursuant thereto; and “Hazardous Substances” shall mean and include hazardous substances as defined by Environmental Law, oil of any kind, petroleum products and their by-products, including, but not limited to, sludge or residue; asbestos containing materials; polychlorinated biphenyls; any and all other hazardous or toxic substances; hazardous waste; medical waste; infectious waste; explosives; radioactive materials; and all other pollutants, contaminants and other substances regulated or controlled by the Environmental Laws and any other substance that requires special handling in its collection, storage, treatment or disposal under the Environmental Laws.

Hazardous Substances. A. Tenant shall not cause or permit any Schedule 4.05 attached hereto lists all environmental reports, audits, studies and similar documents relating to the Real Property which are in General Partner's possession and control (the "Environmental Reports"), and General Partner has delivered a true and correct copy of each such report to Buyer. Except as otherwise disclosed in the Environmental Reports, to the best knowledge of General Partner, (a) no Hazardous Substance Materials (as hereinafter defined) to be have been used, stored, generated, contained stored at, in or under or disposed of on at or from the Real Property during the period of the Partnership's ownership except in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of accordance with Environmental Laws (as hereinafter defined), (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that would require investigation or cleanup under, any Environmental Law, (c) neither General Partner nor the Partnership has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. Landlord acknowledges As used herein, the term (i) "Hazardous Materials" shall mean and agrees that as part include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of Tenant’s use of the Leased Premises as their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a research laboratorydanger or hazard to public health, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary safety or welfare or to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsenvironment, including, without limitation, all Environmental Laws. All bio-any hazardous or toxic waste shall or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex amended from time to time. To Landlord’s current actual knowledge), without the duty Environmental Laws, and (ii) "Environmental Laws" shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of investigation or injury1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances Control Act, and any state or local statute, regulation, ordinance, order or decree relating to health, safety or the environment. Notwithstanding anything to the contrary set forth herein, General Partner has disclosed to Buyer that the Partnership may store and use on the Real Property reasonable quantities of gasoline, oil, swimming pool chemicals, pesticides, herbicides and cleaning products for use in the operation and maintenance of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementReal Property.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance Except as otherwise disclosed in those certain phase I environmental reports delivered to Lender in connection with the closing of the Loan (as hereinafter definedcollectively, the “Environmental Reports”), (i) to be usedthe knowledge of Borrower and Operating Lessee, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees Property is not in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Laws (as hereinafter defined). Landlord acknowledges Response, Compensation and agrees that as part Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right–to–Know Act of Tenant’s use 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super–lien and environmental clean–up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the Leased Premises as a research laboratoryforegoing laws (collectively, Tenant shall be permitted “Environmental Laws”); (ii) the Property is not subject to use lab alcoholsany private or governmental Lien or judicial or administrative notice or action or inquiry, acidsinvestigation or claim relating to hazardous, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationstoxic or dangerous substances, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental LawsToxic Mold, or if the Complex becomes contaminated with any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substances in any manner due Substances”); (iii) to the actions or omissions knowledge of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) Borrower and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or Operating Lessee after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Datedue inquiry, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, released, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the knowledge of Borrower and Operating Lessee after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation Property; (v) to the knowledge of any Environmental LawBorrower and Operating Lessee, or requiring any noticeno underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, investigationstudies, clean-upaudits, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower or Operating Lessee which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall not cause or permit any Hazardous Substance (Except as hereinafter defined) to be used, stored, generated, contained or disposed of on or set froth in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees Environmental Reports listed on Schedule 4.19 attached hereto and made a part hereof: (i) the Property is not to the knowledge of Borrower in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, Legal Requirements relating to Toxic Mold, and any state super-lien and environmental clean-up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, including, Toxic Mold, or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant; (iii) to Borrower’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported to or from the Property other than in compliance with all Environmental Laws; (iv) to Borrower’s knowledge, without any obligation to enter upon and inspect any nearby real property, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental LawProperty; (v) no underground storage tanks exist on the Property and the Property to Borrower’s knowledge, or requiring any noticehas never been used as a landfill; and (vi) there have been no environmental investigations, investigationstudies, clean-upaudits, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall (i) The Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Laws (as hereinafter defined). Landlord acknowledges Response, Compensation and agrees that as part Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right–to–Know Act of Tenant’s use 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super–lien and environmental clean–up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the Leased Premises as a research laboratoryforegoing laws (collectively, Tenant shall be permitted “Environmental Laws”); (ii) the Property is not subject to use lab alcoholsany private or governmental Lien or judicial or administrative notice or action or inquiry, acidsinvestigation or claim relating to hazardous, radioactive agentstoxic or dangerous substances, liquid nitrogen (including installation of liquid nitrogen freezers) wastes, contaminants, and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationspollutants, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removedpetroleum, at Tenant’s sole cost petroleum products, crude oil and expensefractions thereof, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental LawsToxic Mold, or if the Complex becomes contaminated with any other substances or materials which are included under or regulated by, or for which liability may arise pursuant to, Environmental Laws (collectively, “Hazardous Substances in any manner due Substances”); (iii) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain LandlordBorrower’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental LawProperty; (v) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall (a) To Borrower’s knowledge and other than as disclosed in writing to Lender, the Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”). (b) To Borrower’s knowledge and other than as disclosed in writing to Lender, the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus - 17 - of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (as hereinafter definedcollectively, “Hazardous Substances”). Landlord acknowledges and agrees that as part of Tenant(c) To Borrower’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) knowledge and other related medical research items than as are necessary disclosed in writing to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective DateLender, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws. (d) To Borrower’s knowledge and other than as disclosed in writing to Lender, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property. (e) To Borrower’s knowledge and other than as disclosed in writing to Lender, no Toxic Mold is on or about the Leased Premises Property which requires remediation. (f) To Borrower’s knowledge and other than as disclosed in violation of any Environmental Lawwriting to Lender, or requiring any noticeno underground storage tanks exist on the Property and the Property has never been used as a landfill. (g) There have been no environmental investigations, investigationstudies, clean-upaudits, reviews or other response analyses conducted by or on behalf of Borrower or any Guarantor and Landlord shall indemnify, defend (with counsel reasonably acceptable within Borrower’s or any Guarantor’s possession which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warrantyLender. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.3.12

Hazardous Substances. A. Tenant shall Except as set forth in the environmental reports obtained by Lender in connection with the making of this Agreement, and to Borrower’s Knowledge, (i) the Property is not cause in violation of any Legal Requirement pertaining to or permit imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any state super-lien and environmental clean-up statutes (including with respect to Toxic Mold), any local law requiring related permits and licenses and all amendments to and regulations in respect of the foregoing laws (collectively, “Environmental Laws”); (ii) the Property is not subject to any private or governmental Lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous, toxic and/or dangerous substances, toxic mold or fungus of a type that may pose a risk to human health or the environment or would negatively impact the value of the Property (“Toxic Mold”) or any other substances or materials which are included under or regulated by Environmental Laws (collectively, “Hazardous Substance Substances”); (as hereinafter definediii) no Hazardous Substances are or have been (including the period prior to be usedBorrower’s acquisition of the Property), storeddischarged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend ; (with counsel reasonably acceptable to Landlordiv) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are present in, on, on or under any nearby real property which could migrate to or otherwise affect the Property; (v) no Toxic Mold is on or about the Leased Premises in violation of any Environmental LawProperty which requires remediation; (vi) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vii) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warrantyLender. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreement.32

Hazardous Substances. A. Tenant shall not cause Each of the Contributing Parties represents, to its, his or permit any Hazardous Substance her Actual Knowledge, that (x) as hereinafter definedof the date hereof and (y) to be used, stored, generated, contained or disposed of on or except as set forth in the Complex environmental audit reports provided to BNP by Tenant, Tenant’s agents, employees, contractors or invitees the Contributing Parties and in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use the environmental assessments of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen Property conducted on behalf of BNP (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all "Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injuryAssessments"), as of the Effective Closing Date, no Hazardous Substances are inthe Contributing Parties have not generated, onstored, under released, discharged or about disposed of hazardous substances or hazardous wastes at, upon or from the Leased Premises Property in violation of any Environmental Law, order, judgment or requiring any notice, investigation, clean-updecree or permit, or other response in connection with which remedial action would be required under any Environmental Law, order, judgment, decree or permit. To the Actual Knowledge of each of the Contributing Parties, (x) as of the date hereof and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenanty) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term except as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no hazardous substances or hazardous wastes have otherwise been generated, stored, released, discharged or disposed of from, at or upon the Property in violation of any Environmental Law. To the Actual Knowledge of each of the Contributing Parties, (x) as of the date hereof and (y) except as set forth in the environmental audit reports provided to BNP by the Contributing Parties or in the Environmental Assessments, as of the Closing Date, no underground storage tanks are located on the Property. As used in this Section 39 Agreement, the terms "hazardous substances" and "hazardous wastes" shall survive have the expiration meanings set forth in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, and the regulations thereunder, the Resource Conservation and Recovery Act, as amended, and the regulations thereunder, and the Federal Clean Water Act, as amended, and the regulations thereunder, and such terms shall also include asbestos, petroleum products, radioactive materials and any regulated substances under any Environmental Law, regulation or termination of this Lease Agreement.ordinance. 183

Hazardous Substances. A. Tenant shall Except as otherwise disclosed by that certain Phase I environmental report (or Phase II environmental report, if required) delivered to lender by Borrower in connection with the origination of the Loan (i) The Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Laws (as hereinafter defined). Landlord acknowledges Response, Compensation and agrees that as part Liability Act, the Resource Conservation and Recovery Act, the Transfer Act, the Emergency Planning and Community Right–to–Know Act of Tenant’s use 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super–lien and environmental clean–up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the Leased Premises as a research laboratoryforegoing laws (collectively, Tenant shall be permitted “Environmental Laws”); (ii) the Property is not subject to use lab alcoholsany private or governmental Lien or judicial or administrative notice or action or inquiry, acidsinvestigation or claim relating to hazardous, radioactive agentstoxic or dangerous substances, liquid nitrogen (including installation of liquid nitrogen freezers) wastes, contaminants, and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationspollutants, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removedpetroleum, at Tenant’s sole cost petroleum products, crude oil and expensefractions thereof, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental LawsToxic Mold, or if the Complex becomes contaminated with any other substances or materials which are included under or regulated by, or for which liability may arise pursuant to, Environmental Laws (collectively, “Hazardous Substances in any manner due Substances”); (iii) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain LandlordBorrower’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental LawProperty; (v) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant shall Except as (i) disclosed on Schedule 7.1.10 hereto or in any of the environmental reports furnished to Purchaser or otherwise obtained by Purchaser, or as otherwise disclosed by Seller to Purchaser in writing, or (ii) would not cause have a material and adverse effect on the Property or permit the business of Seller operated thereon, (a) Seller's operation and management of the Property and, to the best of Seller's knowledge, the Property is not in violation of any Hazardous Substance Environmental Law (as hereinafter defined) or subject to be usedany pending or, storedto the best of Seller's knowledge, generatedthreatened litigation or inquiry by any governmental authority or to any remedial action or obligations under any Environmental Law; (b) no underground storage tanks have been located on the Property by Seller during their period of ownership and Seller is not otherwise aware of any underground storage tanks having been located at the Property; (c) Seller has not used the Property and, contained to the best of Seller's knowledge, no other party has used the Property, for the storage, treatment or disposal of hazardous waste, hazardous material, chemical waste, or other toxic substance except in accordance with Environmental Law, and (d) no hazardous substances or toxic wastes have been disposed of on or in located upon the Complex Property by TenantSeller, Tenant’s agentsand, employeesto the best of Seller's knowledge, contractors or invitees by any other party, in violation of applicable Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulations, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses Law (including, without limitation, a decrease in value of asbestos and PCBs. As used herein, the Complexterm "Environmental Law" means any law, damages caused by loss statute, ordinance, rule, regulation, order or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because determination of any investigation governmental authority or agency affecting the Property and pertaining to health or the environment including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1982 and the site or any cleanupResource Conservation and Recovery Act of 1986. Prior to Closing, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence Seller agrees to promptly notify Purchaser of any Hazardous Substance on the Complex in violation fact of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any which Seller acquires actual knowledge which would cause this representation to become false and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on written notice that Seller receives regarding the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations matters set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementSECTION 7.1.10.

Hazardous Substances. A. Tenant shall (i) The Property is not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated, contained or disposed of on or in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of any Legal Requirement pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean–up, including the Comprehensive Environmental Laws (as hereinafter defined). Landlord acknowledges Response, Compensation and agrees that as part Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right–to–Know Act of Tenant’s use 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substance Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, any Legal Requirements relating to Toxic Mold, any state super–lien and environmental clean–up statutes, any local law requiring related permits and licenses, any common law relating to Toxic Mold or other Hazardous Substances, and all amendments to and regulations in respect of the Leased Premises as a research laboratoryforegoing laws (collectively, Tenant shall be permitted “Environmental Laws”); (ii) the Property is not subject to use lab alcoholsany private or governmental Lien or judicial or administrative notice or action or inquiry, acidsinvestigation or claim relating to hazardous, radioactive agentstoxic or dangerous substances, liquid nitrogen (including installation of liquid nitrogen freezers) wastes, contaminants, and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationspollutants, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removedpetroleum, at Tenant’s sole cost petroleum products, crude oil and expensefractions thereof, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental LawsToxic Mold, or if the Complex becomes contaminated with any other substances or materials which are included under or regulated by, or for which liability may arise pursuant to, Environmental Laws (collectively, “Hazardous Substances in any manner due Substances”); (iii) to the actions or omissions best of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain LandlordXxxxxxxx’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Dateafter due inquiry, no Hazardous Substances are or have been (including the period prior to Borrower’s acquisition of the Property), discharged, generated, treated, disposed of or stored on, incorporated in, onor removed or transported from the Property other than in compliance with all Environmental Laws; (iv) to the best of Borrower’s knowledge, after due inquiry, no Hazardous Substances are present in, on or under any nearby real property which could migrate to or about otherwise affect the Leased Premises in violation of any Environmental LawProperty; (v) no underground storage tanks exist on the Property and the Property has never been used as a landfill; and (vi) there have been no environmental investigations, or requiring any noticestudies, investigationaudits, clean-up, reviews or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable analyses conducted by or on behalf of Borrower which have not been provided to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLender.

Hazardous Substances. A. Tenant hereby covenants and agrees that Tenant shall not cause or knowingly permit any "Hazardous Substance Substances" (as hereinafter defined) to be usedgenerated, placed, held, stored, generatedused, contained located or disposed of on at the Building or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws CERCLA (as hereinafter defined). Landlord acknowledges , and agrees that so long as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in strictly complies or causes compliance with all applicable laws, governmental rules and regulationsregulations concerning the use or production of such Hazardous Substances. For purposes of this paragraph, including, without limitation, all Environmental Laws. All bio-hazardous waste "Hazardous Substances" shall be removed, at Tenant’s sole cost mean and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (EPA) or the list of toxic pollutants designated by Congress or the EPA which are useddefined as hazardous, storedtoxic, generatedpollutant, contained infectious or disposed of on radioactive by any other federal, state or in the Complex in violation of Environmental Lawslocal statute, law, ordinance, code, rule, regulation, order or if the Complex becomes contaminated with Hazardous Substances in any manner due decree regulating, relating to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses imposing liability (including, without limitation, a decrease strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all sums paid for settlement of claimslosses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ ' fees, consultant costs of settlement or judgment and expert fees) arising during claims of any and every kind whatsoever paid, incurred or after the Term and 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 of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includesany Hazardous Substances (including, without limitation, any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs incurred because of any investigation of settlement or judgment or claims asserted or arising under the site or Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any cleanup, removal or restoration mandated by a so-called federal, state or local agency "Superfund" or political subdivision. Without limitation of the foregoing, if Tenant causes "Superlien" laws or permits the presence of any Hazardous Substance on the Complex in violation of other Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexLaw); provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for that the application for and maintenance foregoing indemnity is limited to matters arising solely from Tenant's violation of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Lawscovenant contained in this Article. The indemnity obligations of Tenant under this Section 39 Article shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLease. SEE SPECIAL STIPULATION 12.

Hazardous Substances. A. Tenant shall Borrower hereby represents and warrants to Lender that, to Borrower's knowledge, except as disclosed in the report, dated May 23, 2003 prepared by Certified Environments, Inc. (the "PHASE I REPORT") and delivered to Lender in connection with the Loans: (a) the Trust Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended ("CERCLA"), the Resource Conservation and Recovery Act, as amended ("RCRA"), the Emergency Planning and Community Right-to-know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes and all rules and regulations adopted in respect to the foregoing laws whether presently in force or coming into being and/or effectiveness hereafter (as hereinafter definedcollectively, "ENVIRONMENTAL LAWS"); (b) the Trust Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, "HAZARDOUS SUBSTANCES"); (c) no Hazardous Substances are or have been (including the period prior to Borrower's acquisition of the Trust Property) discharged, generated, contained or treated, disposed of on or in stored on, incorporated in, or removed or transported from the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and Trust Property other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Trust Property and which would reasonably be likely to result in a requirement under applicable lawsEnvironmental Laws to remediate the Trust Property; and (e) no underground storage tanks exist on any of the Trust Property. So long as Borrower owns or is in possession of the Trust Property, rules Borrower (i) shall keep or cause the Trust Property to be kept free from Hazardous Substances except those in compliance with all Environmental Law.s or any permits issued with respect thereto, (ii) shall promptly notify Lender if Borrower shall become aware of any Hazardous Substances on the Trust Property and/or if Borrower shall become aware that the Trust Property is in violation of any Environmental Laws and/or if Borrower shall become aware of any condition on the Trust Property which shall pose a threat to the health, safety or welfare of humans, and regulations(iii) shall remove or remediate such Hazardous Substances and/or cure such violations and/or remove or remediate such threats, as applicable, as required by law (or as shall be reasonably required by Lender in the case of removal or remediation 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 Lender ("LENDER'S CONSULTANT") provided that such removal, remediation or cure is reasonably necessary to eliminate imminent danger to the health, safety or welfare of humans and would customarily be performed by prudent owners of properties similar to the Trust Property in similar circumstances), promptly after Borrower becomes aware of same, at Borrower's sole expense. Notwithstanding anything to the contrary in this paragraph, the Borrower, Manager and/or tenants on the Trust Property may use and store ordinary amounts of Hazardous Substances at the Trust Property if such use or storage is in connection with business supplies used by Borrower, a tenant in accordance with the terms of its Lease or by Manager pursuant to the Management Agreement or is in connection with the ordinary cleaning and maintenance of the Trust Property so long as such use and storage (A) does not violate any applicable Environmental Laws and (B) is not the subject of any specific recommendations in the Phase I Report that would prohibit such use or storage. Nothing herein shall prevent Borrower from recovering such expenses from any other party that may be liable for such removal or cure. The obligations and liabilities of Borrower under this paragraph 34 shall survive any termination, satisfaction, or assignment of this Deed of Trust and the exercise by Lender of any of its rights or remedies hereunder, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value acquisition of the Complex, damages caused Trust Property by loss foreclosure or restriction a conveyance in lieu of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementforeclosure.

Hazardous Substances. A. (a) Tenant hereby covenants and agrees that -------------------- Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) Substances to be usedgenerated, placed, held, stored, generatedused, contained located or disposed of on at the Project or any part thereof, except for Hazardous Substances as are commonly and legally used or stored as a consequence of using the Demised Premises for general office and administrative purposes, but only so long as the quantities thereof do not pose a threat to public health or to the environment or would necessitate a "response action", as that term is defined in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of Environmental Laws CERCLA (as hereinafter defined). Landlord acknowledges , and agrees that so long as part of Tenant’s use of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in strictly complies or causes compliance with all applicable laws, governmental rules and regulationsregulations concerning the use, includingstorage, without limitationproduction, all Environmental Lawstransportation and disposal of such Hazardous Substances. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed Promptly upon receipt of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or inviteesLandlord's request, Tenant shall indemnifysubmit to Landlord true and correct copies of any reports filed by Tenant with any governmental or quasi-governmental authority regarding the generation, defend placement, storage, use, treatment or disposal of Hazardous Substances on or about the Demised Premises. For purposes of this Article 43, "Hazardous Substances" shall mean and include those elements or compounds which are contained in the list of Hazardous Substances adopted by the United States Environmental Protection Agency (with counsel reasonably acceptable 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 Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses or imposing liability (including, without limitation, a decrease strict liability) or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereinafter in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space effect (collectively "Environmental Laws"). Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all sums paid for settlement of claimslosses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys’ ' fees, consultant costs of settlement or judgment and expert fees) arising during claims of any and every kind whatsoever paid, incurred or after the Term and 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 of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includesany Hazardous Substances (including, without limitation, any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' fees, costs incurred because of any investigation of settlement or judgment or claims asserted or arising under the site or Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"], any cleanup, removal or restoration mandated by a so-called federal, state or local agency "Superfund" or political subdivision. Without limitation of the foregoing, if Tenant causes "Superlien" laws or permits the presence of any Hazardous Substance on the Complex in violation of other Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the ComplexLaw); provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for that the application for and maintenance foregoing indemnity is limited to matters arising solely from Tenant's violation of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Lawscovenant contained in this Article. The indemnity obligations of Tenant under this Section 39 Article shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementLease.

Hazardous Substances. A. Tenant shall not cause To the knowledge of One Winthrop, and except as otherwise disclosed to One Winthrop or permit any the Partnership in written reports from the Local Limited Partnerships to their limited partners, copies of which have been provided to the RESI II Fund, (a) no Hazardous Substance Materials (as hereinafter defined) to be have been used, stored, generated, contained stored at, in or under or disposed of on at or from the Real Property except in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of accordance with Environmental Laws (as hereinafter defined). Landlord acknowledges and agrees , (b) no Hazardous Materials are present at, in or under the Real Property at levels or in quantities in violation of, or that as part of Tenant’s use would require investigation or cleanup under, any Environmental Law, (c) none of the Leased Premises as Partnership, One Winthrop, Xxxxxxxx-Xxxxxxxxx or the LLP General Partner or any Affiliate of any of the foregoing has received any notice of any violation of Environmental Laws or the presence or release of Hazardous Materials on or from the Real Property, and (d) there are no underground storage tanks located on the Real Property. As used herein, the term (i) “Hazardous Materials” shall mean and include, but shall not be limited to, any petroleum product and all hazardous or toxic substances, wastes or substances, any substances which because of their quantities, concentration, chemical or active flammable, explosive, infectious or other characteristics, constitute or may reasonably be expected to constitute or contribute to, a research laboratorydanger or hazard to public health, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary safety or welfare or to the operation of a research laboratory up to and including Biosafety Xxxxx 0, provided Tenant must use and store such materials in compliance with all applicable laws, rules and regulationsenvironment, including, without limitation, all Environmental Laws. All bio-any hazardous or toxic waste shall or substances which are included under or regulated by (whether now existing or hereafter enacted or promulgated, as they may be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed of on or in the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex amended from time to time. To Landlord’s current actual knowledge), without the duty Environmental Laws, and (ii) “Environmental Laws” shall mean and include the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act of investigation or injury1980, as amended, the Superfund Amendments and Reauthorization Act of 1986, the Effective DateFederal Water Pollution Control Act, no Hazardous the Solid Waste Disposal Act, as amended, the Federal Clean Water Act, the Federal Clean Air Act, the Toxic Substances are inControl Act, onand any state or local statute, under regulation, ordinance, order or about decree relating to health, safety or the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease Agreementenvironment.

Hazardous Substances. A. Tenant shall To Borrower’s knowledge, except as disclosed in the reports identified on Schedule 2 attached hereto and delivered to Lender in connection with the Loan (the “Environmental Reports”): (a) the Property is not cause in violation of any local, state, federal or permit other governmental authority, statute, ordinance, code, order, decree, law, rule or regulation pertaining to or imposing liability or standards of conduct concerning environmental regulation, contamination or clean-up including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Emergency Planning and Community Right-to-Know Act of 1986, as amended, the Hazardous Substances Transportation Act, as amended, the Solid Waste Disposal Act, as amended, the Clean Water Act, as amended, the Clean Air Act, as amended, the Toxic Substance Control Act, as amended, the Safe Drinking Water Act, as amended, the Occupational Safety and Health Act, as amended, any Hazardous Substance state super-lien and environmental clean-up statutes (as hereinafter definedincluding with respect to Toxic Mold) and all rules and regulations adopted in respect to the foregoing laws (collectively, “Environmental Laws”); (b) the Property is not subject to any private or governmental lien or judicial or administrative notice or action or inquiry, investigation or claim relating to hazardous and/or toxic, dangerous and/or regulated, substances, wastes, materials, raw materials which include hazardous constituents, pollutants or contaminants including without limitation, petroleum, tremolite, anthlophylie, actinolite or polychlorinated biphenyls, toxic mold or fungus of a type that may pose a risk to human health or the environment or would materially and negatively impact the value of the Property (“Toxic Mold”) and any other substances or materials which are included under or regulated by Environmental Laws or which are considered by scientific opinion to be usedotherwise dangerous in terms of the health, storedsafety and welfare of humans (collectively, “Hazardous Substances”); (c) no Hazardous Substances are or have been (including the period prior to Owner’s acquisition of the Property) discharged, generated, contained or treated, disposed of or stored on, incorporated in, or removed or transported from the Property other than in compliance with all Environmental Laws; (d) no Hazardous Substances are present in, on or under any nearby real property which could migrate to or otherwise affect the Property and which would reasonably be likely to result in the Complex by Tenant, Tenant’s agents, employees, contractors or invitees in violation of a requirement under applicable Environmental Laws to remediate the Property; and (as hereinafter defined). Landlord acknowledges and agrees that as part of Tenant’s use e) no underground storage tanks exist on any of the Leased Premises as a research laboratory, Tenant shall be permitted to use lab alcohols, acids, radioactive agents, liquid nitrogen (including installation of liquid nitrogen freezers) and other related medical research items as are necessary Property. Notwithstanding anything to the operation of a research laboratory up to contrary in this Section 4.21, Borrower, Owner and including Biosafety Xxxxx 0, provided Tenant must tenants may use and store such materials ordinary amounts of Hazardous Substances at the Property in compliance with all applicable lawsEnvironmental Laws if such use and storage is in connection with business supplies used by Borrower, rules and regulationsOwner, including, without limitation, all Environmental Laws. All bio-hazardous waste shall be removed, at Tenant’s sole cost and expense, and at Tenant’s risk, by a third party company following any and all Environmental Laws, insurance requirements and industry disposal regulations regarding said waste. If Hazardous Substances are used, stored, generated, contained or disposed tenant in accordance with the terms of on its Lease or in connection with the Complex in violation of Environmental Laws, or if the Complex becomes contaminated with Hazardous Substances in any manner due to the actions or omissions of Tenant or its agents, employees, contractors or invitees, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses (including, without limitation, a decrease in value of the Complex, damages caused by loss or restriction of rentable or usable space or any damages caused by adverse impact on marketing of the space and any and all sums paid for settlement of claims, attorneys’ fees, consultant and expert fees) arising during or after the Term and as a result of such use, storage, generation, disposal or contamination in violation of Environmental Laws. This indemnification includes, without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal or restoration mandated by a federal, state or local agency or political subdivision. Without limitation of the foregoing, if Tenant causes or permits the presence of any Hazardous Substance on the Complex in violation of Environmental Laws that results in contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions to return the Complex to the condition existing prior to the presence of any such Hazardous Substance on the Complex; provided, however, Tenant must obtain Landlord’s prior written approval for any such remedial action. Tenant shall be responsible for the application for ordinary cleaning and maintenance of all required permits, the submittal of all notices and reports, proper labeling, training and record keeping, and timely and appropriate response to any release or other discharge by Tenant of a Hazardous Substance under Environmental Laws. The indemnity obligations of Tenant under this Section 39 shall survive the expiration or earlier termination of this Lease Agreement. Notwithstanding the foregoing to the contrary, Tenant acknowledges that the Building will be used by various tenants for medical-related purposes and as such, certain Hazardous Substances will be present in the Complex from time to time. To Landlord’s current actual knowledge, without the duty of investigation or injury, as of the Effective Date, no Hazardous Substances are in, on, under or about the Leased Premises in violation of any Environmental Law, or requiring any notice, investigation, clean-up, or other response and Landlord shall indemnify, defend (with counsel reasonably acceptable to Tenant) and hold the Tenant and its officers, directors, agents and employees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities and losses arising during or after the Term as a result of Landlord’s breach of such representation and warranty. Landlord’s obligations set forth in this Section 39 shall survive the expiration or termination of this Lease AgreementProperty.