Common use of Release of Hazardous Materials; Notification and Cleanup Clause in Contracts

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencement

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's ’s Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's ’s written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's ’s written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord; provided, however, that Landlord shall not require Tenant to perform any clean-up or remediation work in excess of that work required to return the property affected by such release of Hazardous Materials to the condition it was in prior to the date of such release. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's ’s sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's ’s Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's ’s sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant’s obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this PARAGRAPH 11 (including without limitation the obligations described in PARAGRAPH 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant’s Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this PARAGRAPH 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant’s Parties, whether occurring (x) on or after the Commencement Date, or (y) prior to the Commencement Date (to the extent that such condition or conditions occurring prior to the Commencement Date arise from Tenant’s early occupancy of the Premises pursuant to PARAGRAPH 40 below). Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (A) notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (B) obtaining Landlord’s written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 ------------ (including without limitation the obligations described in Paragraph --------- 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part ------------- of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto ------------------- that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord; provided, however, that Landlord shall not require Tenant to perform any clean-up or remediation work in excess of that work required to return the property affected by such release of Hazardous Materials to the condition it was in prior to the date of such release. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this PARAGRAPH 11 (including without limitation the obligations described in PARAGRAPH 11.B.(VI)(B)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this PARAGRAPH 11.B.(VI) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring (x) on or after the Commencement Date, or (y) prior to the Commencement Date (to the extent that such condition or conditions occurring prior to the Commencement Date arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below). Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (A) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (B) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused has occurred during the Term to the extent arising from any act or created by failure to act of Tenant or any of Tenant's ’s Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's ’s written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's ’s written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's ’s sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's ’s Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's ’s sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant’s obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 (including without limitation the obligations described in Paragraph, 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Use by Tenant or any of Tenant’s Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Use or Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant’s Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord’s written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At If at any time during the Term, if Tenant Term Lessee knows or believes that any release of any Hazardous Materials by Xxxxxx's Parties has come or will come to be located upon, about or beneath the PremisesLeased Premises or the Complex, then Tenant Lessee shall immediately, either prior to the release or following the discovery thereof by TenantXxxxxx, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant Lessor. Lessee covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of TenantXxxxxx's Parties. Such Parties at Lessee’s cost and expense; such investigation, clean-up and remediation shall be performed only after Tenant Xxxxxx has obtained, if practicable, Landlord's obtained Lessor’s written consent, which shall not be unreasonably withheld; provided, however, that Tenant Lessee shall be entitled to respond immediately to an emergency without first obtaining Landlord's Lessor’s written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Xxxxxx. Notwithstanding the foregoing, Landlord whether or not such work is prompted by the foregoing notice from Lessee or is undertaken by Lessor for any other reason whatsoever, Lessor shall have the right, but not the obligation, in Landlord's Lessor’s sole and absolute discretion, exercisable by written notice to TenantLessee at any time, to undertake within or outside the Leased Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials brought onto, used, or released on, under or around the Leased Premises or the Complex by Tenant or any of TenantXxxxxx's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant Lessee shall perform the work), all at Tenant's sole Lessee’s cost and expense, which shall be paid by Tenant Lessee as Additional additional Rent within ten (10) days after receipt of written request therefor by Landlord Lessor (and which Landlord Lessor may require to be paid prior to commencementcommencement of any work by Lessor). No such work by Lessor shall create any liability on the part of Lessor to Lessee or any other party in connection with such Hazardous Materials or constitute an admission by Lessor of any responsibility with respect to such Hazardous Materials. It is the express intention of the parties hereto that Lessee shall be liable under this Section 12.3(e) for any and all conditions covered hereby which were caused or created (i) by any of Lessee's Parties, or (ii) by any Hazardous Materials brought onto the Leased Premises or the Complex by or for the benefit of Xxxxxx's Parties. Lessee shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Leased Premises or the Complex without first (i) notifying Lessor of Xxxxxx’s intention to do so and affording Lessor the opportunity to participate in any such proceedings, and (ii) obtaining Lessor’s prior written consent.

Release of Hazardous Materials; Notification and Cleanup. (a) At If at any -------------------------------------------------------- time during the Term, if Tenant Term Lessee knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Leased Premises, then Tenant Lessee shall immediately, either prior to the release or following the discovery thereof by TenantXxxxxx, give verbal and follow-up written notice of that condition to Landlord.Xxxxxx. Lessee covenants to (b) At its sole cost and expense, Tenant covenants to 21. investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenantat Xxxxxx's Parties. Such cost and expense; such investigation, clean-up and remediation shall be performed only after Tenant Xxxxxx has obtained, if practicable, Landlordobtained Xxxxxx's written consent, which shall not be unreasonably withheld; provided, however, that Tenant Lessee shall be entitled to respond immediately to an emergency without first obtaining LandlordLessor's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Xxxxxx. Notwithstanding the foregoing, Landlord whether or not such work is prompted by the foregoing notice from Lessee or is undertaken by Lessor for any other reason whatsoever, Lessor shall have the right, but not the obligation, in LandlordLessor's sole and absolute discretion, exercisable by written notice to TenantLessee at any time, to undertake within or outside the Leased Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant Lessee shall perform the work), all at TenantLessee's sole cost and expense, which shall be paid by Tenant Xxxxxx as Additional Rent additional rent within ten (10) days after receipt of written request therefor by Landlord Lessor (and which Landlord Lessor may require to be paid prior to commencementcommencement of any work by Lessor). No such work by Lessor shall create any liability on the part of Lessor to Lessee or any other party in connection with such Hazardous Materials or constitute an admission by Lessor of any responsibility with respect to such Hazardous Materials. It is the express intention of the parties hereto that Lessee shall be liable under this Section 12.3(e) for any and all conditions covered hereby which were caused or created by any person or entity whatsoever (except Lessor) whether such condition occurred, was created or caused or existed prior to or after the execution of this Lease and/or prior to or after Xxxxxx's possession of the Leased Premises. Lessee shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Leased Premises without first (i) notifying Lessor of Xxxxxx's intention to do so and affording Lessor the opportunity to participate in any such proceedings, and (ii) obtaining Xxxxxx's written consent.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then - Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, . Extended Term clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this PARAGRAPH 11 (including without limitation the obligations described in Paragraph 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this PARAGRAPH 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At If at any time during the Term, if Term Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Leased Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, . Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were occurring or arising after the execution of this Lease and/or after Tenant's possession of the Leased Premises caused or created by Tenant or any of its agents or contractors ("Release") at Tenant's Parties. Such cost and expense; such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, obtained Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) . Notwithstanding the foregoing, whether or not such work is prompted by the foregoing notice from Tenant or is undertaken by Landlord for any other reason whatsoever, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to TenantTenant at any time, to undertake within or outside the Leased Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the workwork with respect to a Release or Hazardous Use), all . All such work with respect to a Release or Hazardous Use shall be at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent additional rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. It is the express intention of the parties hereto that Tenant shall be liable under this Section 13.01 D for any and all conditions covered hereby which were caused or created by Tenant or its agents or contractors) occurring or arising after the execution of this Lease and/or after Tenant's possession of the Leased Premises. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Leased Premises without first (i) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (ii) obtaining Landlord's written consent.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused has occurred during the Term and arose from any act or created by failure to act of Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementwritten

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused has occurred during the Term and arose from any act or created by failure to act of Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord.be (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 (including without limitation the obligations described in Paragraph 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 ------------ (including without limitation the obligations described in Paragraph 11.B.(vi) ------------------- (b)). No such work by Landlord shall create any liability on the part of --- Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all ------------------- conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord; provided, however, that Landlord shall not require Tenant to perform any clean-up or remediation work in excess of that work required to return the property affected by such release of Hazardous Materials to the condition it was in prior to the date of such release. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this PARAGRAPH 11 (including without limitation the obligations described in PARAGRAPH 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this PARAGRAPH 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring (x) on or after the Commencement Date, or (y) prior to the Commencement Date (to the extent that such condition or conditions occurring prior to the Commencement Date arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below). Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (A) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (B) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord; provided, however, that Landlord shall not require Tenant to perform any clean-up or remediation work in excess of that work required to return the property affected by such release of Hazardous Materials to the condition it was in prior to the date of such release. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord; provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this PARAGRAPH 11 (including without limitation the obligations described in PARAGRAPH 11.B. (vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this PARAGRAPH 11.B, (vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring (x) on or after the Commencement Date, or (y) prior to the Commencement Date (to the extent that such condition or conditions occurring prior to the Commencement Date arise from Tenant's early occupancy of the Premises pursuant to PARAGRAPH 40 below). Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (A) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (B) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At If at any time during the Term, if Tenant Term Lessee knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Leased Premises, then Tenant Lessee shall immediately, either prior to the release or following the discovery thereof by TenantLessee, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant Lessor. Lessee covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused by Lessee (or created by Tenant or any of TenantLessee's Parties. Such agents, contractors, employees and representatives), at Lessee's cost and expense; such investigation, clean-up and remediation shall be performed only after Tenant Lessee has obtained, if practicable, Landlordobtained Lessor's written consent, which shall not be unreasonably withheld; provided, however, that Tenant Lessee shall be entitled to respond immediately to an emergency without first obtaining LandlordLessor's written consent. Whenever the term "Lessee" is used in this Section 12 with respect to a use or release of Hazardous Materials, such term shall include Lessee's agents, contractors, employees and representatives. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Lessor. Notwithstanding the foregoing, Landlord whether or not such work is prompted by the foregoing notice from Lessee or is undertaken by Lessor for any other reason whatsoever, Lessor shall have the right, but not the obligation, in LandlordLessor's sole and absolute discretion, exercisable by written notice to TenantLessee at any time, to undertake within or outside the Leased Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties for which Lessee is responsible (or, once having undertaken any of such work, to cease same, in which case Tenant Lessee shall perform the work), all at TenantLessee's sole cost and expense, which shall be paid by Tenant Lessee as Additional Rent additional rent within ten twenty (1020) days after receipt of written request therefor by Landlord Lessor (and which Landlord Lessor may require to be paid prior to commencementcommencement of any work by Lessor). No such work by Lessor shall create any liability on the part of Lessor to Lessee or any other party in connection with such Hazardous Materials or constitute an admission by Lessor of any responsibility with respect to such Hazardous Materials. Lessee shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Leased Premises without first: (i) notifying Lessor of Lessee's intention to do so and affording Lessor the opportunity to participate in any such proceedings; and (ii) obtaining Lessor's reasonable written consent.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused has occurred during the Term to the extent arising from any Hazardous Use on, about or created from the Premises by Tenant or any of Tenant's Parties’s Parties of any Hazardous Materials. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's ’s written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's ’s written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's ’s sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's ’s Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's ’s sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant’s obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 (including without limitation the obligations described in Paragraph 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Use by Tenant or any of Tenant’s Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Use or Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all conditions covered hereby which were or are caused or created by Tenant or any of Tenant’s Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant’s intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord’s written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused has occurred during the Term to the extent arising from any act or created by failure to act of Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 (including without limitation ------------ the obligations described in Paragraph, 11.B.(vi)(b)). No such work by Landlord ----------------------- shall create any liability on the part of Landlord to Tenant or any other party in connection with such Hazardous Use by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Use or Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all conditions ------------------- covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord's written consent, which shall not be unreasonably withheld.

Release of Hazardous Materials; Notification and Cleanup. (a) At any time during the Term, if Tenant knows or believes that any release of any Hazardous Materials has come or will come to be located upon, about or beneath the Premises, then Tenant shall immediately, either prior to the release or following the discovery thereof by Tenant, give verbal and follow-up written notice of that condition to Landlord. (b) At its sole cost and expense, Tenant covenants to investigate, clean up and otherwise remediate any release of Hazardous Materials which were caused or created by Tenant or any of Tenant's Parties. Such investigation, clean-up and remediation shall be performed only after Tenant has obtained, if practicable, Landlord's written consent, which shall not be unreasonably withheld; provided, however, that Tenant shall be entitled to respond immediately to an emergency without first obtaining Landlord's written consent. All clean-up and remediation shall be done in compliance with Environmental Laws and to the reasonable satisfaction of Landlord. (c) Notwithstanding the foregoing, Landlord shall have the right, but not the obligation, in Landlord's sole and absolute discretion, exercisable by written notice to Tenant, to undertake within or outside the Premises all or any portion of any reasonable investigation, clean-up or remediation with respect to any Hazardous Use of such Hazardous Materials by Tenant or any of Tenant's Parties (or, once having undertaken any of such work, to cease same, in which case Tenant shall perform the work), all at Tenant's sole cost and expense, which shall be paid by Tenant as Additional Rent within ten (10) days after receipt of written request therefor by Landlord (and which Landlord may require to be paid prior to commencementcommencement of any work by Landlord); provided, however, that Tenant's obligation to pay for such work shall only be applicable if Tenant fails to perform its obligations under this Paragraph 11 ------------ (including without limitation the obligations described in Paragraph --------- 11.B.(vi)(b)). No such work by Landlord shall create any liability on the part ------------- of Landlord to Tenant or any other party in connection with such Hazardous Materials by Tenant or any of Tenant's Parties or constitute an admission by Landlord of any responsibility with respect to such Hazardous Materials. (d) It is the express intention of the parties hereto that Tenant shall be liable under this Paragraph 11.B.(vi) for any and all ------------------- conditions covered hereby which were or are caused or created by Tenant or any of Tenant's Parties, whether occurring prior to, on, or after the Commencement Date. Tenant shall not enter into any settlement agreement, consent decree or other compromise with respect to any claims relating to any Hazardous Materials in any way connected to the Premises without first (x) notifying Landlord of Tenant's intention to do so and affording Landlord the opportunity to participate in any such proceedings, and (y) obtaining Landlord's written consent, which shall not be unreasonably withheld.