Common use of Prohibition Against Hazardous Substances Clause in Contracts

Prohibition Against Hazardous Substances. 25.2.1.1 Tenant shall not cause or permit any “Hazardous Substances” (as defined below) to be brought upon, used, handled, produced, treated, stored, transported, released, discharged or disposed of in, on or about the Property without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances in, on or about the Property by any Tenant Party shall strictly comply with all applicable Restrictions. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals necessary for the maintenance and operation of its business, including all permits, authorizations and approvals governing the use, handling, production, treatment, storage, transportation, release, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claims, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ fees, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which for the purposes hereof include “Remedial Work” (as defined below), and sums paid in settlement thereof] that result from or arise out of the use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of the Property outside of the Premises by any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable Laws. 25.2.1.2 Landlord shall have the right, at any time, but not more than one (1) time during any twelve (12)-month period (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.2, or (ii) required by any governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.2. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the reasonable costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Tenant’s operation, use or remediation thereof, or (2) liability on the part of any Landlord Party for the use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant Party, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term Project by Tenant or any Tenant Party and (ii) any portion of the Property outside of the Premises by any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable LawsParties. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one two (12) time during times in any twelve (12)-month period calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.228, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.228. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the reasonable The costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1i) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s operation, use or remediation thereof, or (2ii) liability on the part of Landlord or any Landlord Party for the Tenant’s use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Tenant shall not cause or permit any “Hazardous Substances” Substances (as defined below) to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsApplicable Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” Work (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of on or about the Property Project outside of the Premises by Tenant or any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable LawsParties. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one two (12) time during times in any twelve (12)-month period calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.224.2, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.224.2. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the reasonable The costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1i) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s operation, use or remediation thereof, or (2ii) liability on the part of Landlord or any Landlord Party for the Tenant’s use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Except for de minimis quantities of general office supplies customarily used by office tenants in the ordinary course of their business, such as copier toner, liquid paper, glue, ink and cleaning solvents (which supplies Tenant agrees to use in compliance with all applicable Governmental Requirements) and except as provided in Section 6.1 above, Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of inin or near the Project by Tenant or its agents, on employees, contractors or about the Property invitees without Landlord’s prior written consent, which Landlord may give or withhold in its reasonable but sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term Project by Tenant or any Tenant Party and (ii) any portion of the Property outside of the Premises by any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable LawsParties. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one two (12) time during times in any twelve (12)-month period calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.228, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.228. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the The reasonable costs of all such inspections, tests and investigations required by any lender or governmental agency as a result of Tenant’s handling, use, storage, treatment, transportation or disposal of any Hazardous Substances shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1i) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s operation, use or remediation thereof, or (2ii) liability on the part of Landlord or any Landlord Party for the Tenant’s use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Except for de minimis quantities of general office supplies customarily used by office tenants in the ordinary course of their business, such as copier toner, liquid paper, glue, ink and cleaning solvents (which supplies Tenant agrees to use in compliance with all applicable Governmental Requirements), Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s 's prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term Project by Tenant or any Tenant Party and (ii) any portion of the Property outside of the Premises by any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable LawsParties. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one (1) time during any twelve (12)-month period once per calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.228, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.228. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the The reasonable costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Tenant’s operation, use or remediation thereof, or (2) liability on the part of any Landlord Party for the use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant Party, it being understood that Tenant shall be solely responsible for all liability in connection therewith.by

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Except for de minimis quantities of general office supplies customarily used by office tenants in the ordinary course of their business, such as copier toner, liquid paper, glue, ink and cleaning solvents (which supplies Tenant agrees to use in compliance with all applicable Governmental Requirements), Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s 's prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term Project by Tenant or any Tenant Party and (ii) any portion of the Property outside of the Premises by any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable LawsParties. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one (1) time during any twelve (12)-month period once per calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.228, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.228. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the The reasonable costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1i) a duty on Landlord’s 's part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s 's operation, use or remediation thereof, or (2ii) liability on the part of Landlord or any Landlord Party for the Tenant's use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Prohibition Against Hazardous Substances. 25.2.1.1 Except for (i) Hazardous Substances set forth in the Environmental Questionnaire and Disclosure Statement and (ii) de minimis quantities of general office supplies customarily used by office tenants in the ordinary course of their business, such as copier toner, liquid paper, glue, ink and cleaning solvents, Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property without Landlord’s prior written consent, which Project unless Landlord may give has consented to such storage or withhold use in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term Project by Tenant or any Tenant Party and (ii) Parties. If, as a result of any portion handling, transportation, storage, treatment, disposal or use of any Hazardous Substances in or about the Property outside of the Premises Project by Tenant, its agents, employees, contractors or invitees, any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant lender or governmental agency shall be permitted to use small amounts of require testing for Hazardous Substances in the Premises as reasonably necessary in connection with Premises, Tenant shall pay for such testing. Tenant’s obligations under this Section shall survive the Permitted Use, provided that such use is in accordance with expiration or earlier termination of this Lease until all Applicable Laws. 25.2.1.2 Landlord shall have Claims within the right, at any time, but not more than one (1) time during any twelve (12)-month period (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions scope of this Section 25.228.A are fully, or (ii) required by any governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.2. If an inspection is requested by Landlord based on Reasonable Causefinally, and it is determined that Tenant has failed to meet its obligations under absolutely barred by the provisions applicable statutes of this Section 25.2, then the reasonable costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Tenant’s operation, use or remediation thereof, or (2) liability on the part of any Landlord Party for the use, handling, production, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant Party, it being understood that Tenant shall be solely responsible for all liability in connection therewithlimitations.

Prohibition Against Hazardous Substances. 25.2.1.1 (i) Tenant shall not cause or permit any “Hazardous Substances” Substances (as defined below) to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any useNotwithstanding the foregoing, Tenant shall be permitted to use reasonable quantities of Hazardous Materials that are required for Tenant’s business operations on the Real Property as long as any handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any such Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsEnvironmental Laws. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold Landlord and the other Landlord Parties Indemnitees (as defined in Paragraph 13.2 below) harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, Remedial Work” Work (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of on or about the Property Project outside of the Premises by Tenant or any Tenant Party. Notwithstanding anything to the contrary Parties (as defined in this Lease, Tenant shall be permitted to use small amounts Paragraph 13.2 below) in violation of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable applicable Environmental Laws. 25.2.1.2 (ii) Landlord shall have the right, at any time, but not more than one (1) time during once in any twelve (12)-month period calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.2Paragraph 7.3, or (ii) unless required by any lender or governmental agency [such circumstances under agency) and subject to not less than forty-eight (i48) or hour prior notice to Tenant (ii) above shall constitute “Reasonable Cause”]except in the event of an emergency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.2Paragraph 7.3. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the reasonable The costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Landlord, unless Tenant has met its obligations under been found to have not fully complied with the provisions of this Section 25.2Paragraph 7.3 in any material respect, Landlord in which event Tenant shall pay all bear the costs of samesuch inspection, test or investigation. The foregoing rights granted to Landlord shall not, however, create (1) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s operation, use or remediation thereof, or (2) liability on the part of Landlord or any other Landlord Party Indemnitee for the Tenant’s use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewithTenant’s use, storage, treatment, transportation, release, or disposal of any Hazardous Substances in violation of this Paragraph 7.3, except to the extent such liability is caused or exacerbated by the negligence or willful misconduct of Landlord or any of Landlord’s agents, employees, or contractors.

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Tenant shall not cause or permit any “Hazardous Substances” Substances (as defined below) to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsApplicable Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” Work (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of on or about the Property Project outside of the Premises by Tenant or any Tenant Party. Notwithstanding anything Parties, unless and to the contrary in this Leaseextent such Claim arises as a result of (i) the negligence of Landlord or any Landlord Party, and is not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder (provided, however, that, if covered by the insurance required to be carried by Tenant hereunder, then Landlord shall be permitted to use small amounts responsible for such portion [i.e., the portion of Hazardous Substances in the Premises as reasonably necessary Claim that arises from the negligence of Landlord or any Landlord Parties] of any commercially reasonable deductible in connection with therewith), or (ii) the Permitted Usewillful misconduct of any Landlord Party, provided that or to the extent such use limitation on liability is in accordance with all Applicable Lawsprohibited by law. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one two (12) time during times in any twelve (12)-month period calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.2, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.2. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the reasonable The costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1i) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s operation, use or remediation thereof, or (2ii) liability on the part of Landlord or any Landlord Party for the Tenant’s use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewith.

Prohibition Against Hazardous Substances. 25.2.1.1 (a) Except for de minimis quantities of general office supplies customarily used by office tenants in the ordinary course of their business, such as copier toner, liquid paper, glue, ink and cleaning solvents (which supplies Tenant agrees to use in compliance with all applicable Governmental Requirements), Tenant shall not cause or permit any “Hazardous Substances” (as defined below) Substances to be brought upon, used, handled, produced, treated, stored, transported, releasedused, discharged or disposed of in, on in or about near the Property Project without Landlord’s prior written consent, which Landlord may give or withhold in its sole discretion. Any use, handling, productiontransportation, storage, treatment, storage, transportation, release, discharge disposal or disposal use of any Hazardous Substances in, on in or about the Property Project by any Tenant Party Tenant, its agents, employees, contractors or invitees shall strictly comply with all applicable RestrictionsGovernmental Requirements. Tenant shall be solely responsible for obtaining and complying with all permits, authorizations and approvals permits necessary for the maintenance and operation of its business, including including, without limitation, all permits, authorizations and approvals permits governing the use, handling, productionstorage, treatment, storage, transportation, releasetransport, discharge and disposal of Hazardous Substances. In addition to any other indemnification obligations of Tenant under this Lease, Tenant shall indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any claimsClaims (including, actions, demands, liabilities, damages, penalties, forfeitures, losses, costs or expenses, including without limitation, reasonable attorneys’ feesdiminution in value of the Premises or the Project, consultants’ fees and expenses and the costs and expenses of enforcing any indemnification, defense or hold harmless obligation hereunder [which damages for the purposes hereof include “loss or restriction on use of leasable space or of any amenity of the Premises or the Project, damages arising from any adverse impact on marketing of space in the Project, Remedial Work” (as defined below), and sums paid in settlement thereof] that of claims) which result from or arise out of the use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances on or about (i) the Premises during the Lease Term by any Tenant Party and (ii) any portion of on or about the Property Project outside of the Premises by Tenant or any Tenant Party. Notwithstanding anything to the contrary in this Lease, Tenant shall be permitted to use small amounts of Hazardous Substances in the Premises as reasonably necessary in connection with the Permitted Use, provided that such use is in accordance with all Applicable LawsParties. 25.2.1.2 (b) Landlord shall have the right, at any time, but not more than one two (12) time during times in any twelve (12)-month period calendar year (unless (i) Landlord has reasonable cause to believe that Tenant has failed to fully comply with the provisions of this Section 25.228, or (ii) unless required by any lender or governmental agency [such circumstances under (i) or (ii) above shall constitute “Reasonable Cause”]agency), to inspect the Premises and conduct tests and investigations to determine whether Tenant is in compliance with the provisions of this Section 25.228. If an inspection is requested by Landlord based on Reasonable Cause, and it is determined that Tenant has failed to meet its obligations under the provisions of this Section 25.2, then the reasonable The costs of all such inspections, tests and investigations shall be borne solely by Tenant. If the inspection is not requested by Landlord based on Reasonable Cause or if such inspection reveals that Tenant has met its obligations under the provisions of this Section 25.2, Landlord shall pay all costs of same. The foregoing rights granted to Landlord shall not, however, create (1i) a duty on Landlord’s part to inspect, test, investigate, monitor or otherwise observe the Premises or the activities of Tenant or any other Tenant Party with respect to Hazardous Substances including Substances, including, but not limited to, Tenant’s operation, use or remediation thereof, or (2ii) liability on the part of Landlord or any Landlord Party for the Tenant’s use, handling, productionstorage, treatment, storage, transportation, release, discharge or disposal of any Hazardous Substances by any Tenant PartySubstances, it being understood that Tenant shall be solely responsible for all liability in connection therewith.