Common use of Remediation Clause in Contracts

Remediation. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (iii) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Remediation. If, at any time prior Except to the termination extent caused by any intentional or negligent act of this AgreementLessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on that pose a risk to human health or the Leased Propertyenvironment in, subject to Tenant's right to contest the same in accordance with Article 8on, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (c15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to use good faith efforts the extent required by any Environmental Law or as reasonably necessary to eliminate respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any further release material Mold or threat of release of Hazardous Substances on Mold Conditions in or about the Leased Property. Tenant Property (or any portion thereof) or any Capital Additions, Lessee shall promptly: (ialso reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to clean-up and remove from the Leased Property pursuant and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to XXXX Title III or implement and diligently pursue any other Applicable Lawsuch cure, (iii) transmit to Landlord copies of any citationsrepair, ordersclosure, notices detoxification, decontamination or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectivelyremediation, "Environmental Notice")Lessor shall have the right, which Environmental Notice requires a written response or any but not the obligation, to carry out such action and to be taken and/or if such Environmental Notice gives notice recover from Lessee all of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe Lessor’s out-of-pocket costs and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same expenses incurred in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4connection therewith.

Remediation. If(1) In the event of a Hazardous Substance spill on the Sublease Premises, the Sublessee will immediately notify the Borough and the Alaska Department of Environmental Conservation and act promptly, at its sole expense, to contain the spill, repair any time prior damage, absorb and clean up the spill area, and restore the Sublease Premises to a condition satisfactory to the termination Borough and otherwise comply with the portions of this Agreement, Hazardous Substances Title 17 and Title 18 of the Alaska Administrative Code applicable to lessees responsibilities for notification and remediation of hazardous substance spills. (other than those maintained in accordance with Applicable Laws2) are discovered on the Leased Property, subject In addition to Tenant's right to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be notices required by any Government Agencythis Sublease, (a) to clean up the Sublessee will immediately notify and remove from and about copy the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord Borough in writing of any material change of the following: (a) any permit, enforcement, clean up, lien, removal or other governmental or regulatory action instituted, completed, or threatened pursuant to any Environmental Law; (b) any claim made or threatened by any person against the Sublessee or arising from the Sublessee's operations authorized by this Sublease, relating to damage, contribution, compensation, loss or injury resulting from, or claimed to result from, any Hazardous Substances in, on, or under the Airport; or (c) any report made to any environmental agency arising out of or in connection with any Hazardous Substances in, on, or removed from the Sublease Premises, including any complaints, notices, warnings or asserted violation. (3) The Borough is under no obligation to remediate Contamination identified in an Environmental Assessment, except the Borough agrees to remediate, or have responsible parties remediate, the Contamination identified in the nature Environmental Liability Baseline if the Sublessee or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which Borough is required to be filed remediate by Tenant an agency with respect such authority. In the event of such required remediation, the Borough will make a reasonable effort to coordinate the remediation with the Sublessee to minimize disruption of the Sublessee's operations and damage to the Leased Property pursuant to XXXX Title III or any other Applicable LawSublessee's improvements and property. The Sublessee releases and holds the Borough harmless for all costs associated with the damage to, (iii) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe relocation and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereofremoval of, and the repair of Sublessee's improvements and property which results from this remediation. (v4) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith Remediation and by appropriate proceedings and the right to use and the value restoration of the Leased Property is not materially affected area must meet all applicable state and adversely affected thereby. Tenant's liability federal laws and obligations pursuant to regulations and must meet the terms requirements of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4all governing regulatory authorities.

Remediation. If(a) Indemnitee shall have the right, at but not the obligation, subsequent to any time prior to the termination Event of Default by Indemnitor hereunder, without in any manner limiting Indemnitee’s other rights and remedies under this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on to enter onto the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take Property or shall cause Manager to take all such other actions and incur any and all expenses, as may be reasonably Indemnitee deems necessary and as may be required by any Government Agency, (a) or advisable to clean up up, remove, resolve or minimize the impact of, or otherwise deal with, any Hazardous Materials or a violation of Environmental Laws at the Property. Except in an emergency situation, so long as Indemnitor or Tenants of Indemnitor are in occupancy of the portion of the Property in question, Indemnitee shall give reasonable advance notice (either written or verbal) of its intention to enter the Property for any such purpose to afford Indemnitor the opportunity to have a representative accompany the agents or representatives of such Indemnitee in question should Indemnitor elect to do so. All reasonable costs and remove from and about expenses paid or incurred by Indemnitee in the Leased Property all Hazardous Substances thereon, exercise of any such rights shall be payable by Indemnitor upon demand. (b) to contain and prevent In the event that the Indemnitor is engaged in the remediation of any further release or threat violation of release Environmental Laws and/or presence of Hazardous Substances on Materials at the Property at the time of a Default or about Event of Default occurs under the Leased Property Loan and (c) to use good faith efforts to eliminate any further release the Default or threat Event of release Default in question does not arise out of such violation of Environmental Laws and/or presence of Hazardous Substances on Materials or about the Leased Property. Tenant shall promptly: (i) upon receipt remediation actions or inactions of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant Indemnitor with respect thereto, then Indemnitee agrees that Indemnitor shall be permitted to control the completion of such remediation activities so long, as Indemnitor diligently proceeds therewith in a manner reasonably satisfactory to Indemnitee and Indemnitor keeps Indemnitee reasonably informed as to the Leased Property pursuant to XXXX Title III or progress of such remediation efforts. In any other Applicable Lawsuch event, (iii) transmit to Landlord copies of any citationshowever, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings this Agreement and the right to use indemnification rights provided for herein shall remain in full force and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4effect.

Remediation. IfIf any investigation, at site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature (the “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any governmental person, board, commission or agency, because of or in connection with the current or future presence, suspected presence, release or suspected release of a Hazardous Substance into the air, soil, groundwater, or surface water at, on, about, under or within the Mortgaged Premises or any portion thereof, Mortgagor shall within thirty (30) days after written demand by Mortgagee for the performance (or within such shorter time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required under applicable law, regulation, ordinance, order or agreement), commence and thereafter diligently prosecute to completion all such Remedial Work to the extent required by any Government Agency, law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee (awhich approval in each case shall not be unreasonably withheld or delayed) and under the supervision of a consulting engineer approved in advance by Mortgagee. All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection with monitoring or review of the Remedial Work shall be paid by Xxxxxxxxx. If Mortgagor shall fail or neglect to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release timely commence or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required cause to be filed by Tenant with respect commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee may (but shall not be required to) cause such Remedial Work to be performed; and all costs and expenses thereof, or incurred in connection therewith (including, without limitation, the Leased Property pursuant to XXXX Title III or any other Applicable Law, (iii) transmit to Landlord copies reasonable fees and expenses of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"Mortgagee’s counsel), which Environmental Notice requires shall be paid by Mortgagor to Mortgagee forthwith after demand and shall be a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value part of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4indebtedness secured hereby.

Remediation. IfIf any investigation, at site monitoring, containment, remediation, removal, restoration or other remedial work of any kind or nature (the “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any governmental person, board, commission or agency, because of or in connection with the current or future presence, suspected presence, Release or suspected Release of a Hazardous Substance into the air, soil, groundwater, or surface water at, on, about, under or within the Premises or any portion thereof, Mortgagor shall within thirty (30) days after written demand by Mortgagee for the performance (or within such shorter time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required under applicable law, regulation, ordinance, order or agreement), commence and thereafter diligently prosecute to completion all such Remedial Work to the extent required by any Government Agency, law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee and under the supervision of a consulting engineer approved in advance by Mortgagee (awhich approval in each case shall not be unreasonably withheld or delayed). All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection with monitoring or review of the Remedial Work shall be paid by Mortgagor to clean up and remove from and about the Leased Property all Hazardous Substances thereon, Mortgagee within fifteen (b15) days following Mortgagor’s written demand therefor. If Mortgagor shall fail or neglect to contain and prevent any further release timely commence or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required cause to be filed by Tenant with respect commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee may (but shall not be required to) cause such Remedial Work to be performed; and all costs and expenses thereof, or incurred in connection therewith (including, without limitation, the Leased Property pursuant to XXXX Title III or any other Applicable Law, (iii) transmit to Landlord copies reasonable fees and expenses of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"Mortgagee’s counsel), which Environmental Notice requires shall be paid by Mortgagor to Mortgagee upon demand and shall be a written response or part of the indebtedness secured hereby. There is no time limit on Mortgagor’s covenants hereunder, and Mortgagor hereby waives all present and future statutes of limitations as a defense to any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to enforce the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.42.9 of this Security Instrument.

Remediation. If, at any time prior Except to the termination extent caused by any intentional or grossly negligent act of this AgreementLessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on that pose a risk to human health or the Leased Propertyenvironment in, subject to Tenant's right to contest the same in accordance with Article 8on, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (c15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to use good faith efforts the extent required by any Environmental Law or as reasonably necessary to eliminate respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any further release material Mold or threat of release of Hazardous Substances on Mold Conditions in or about the Leased Property. Tenant Property (or any portion thereof) or any Capital Additions, Lessee shall promptly: (ialso reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to clean-up and remove from the Leased Property pursuant and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to XXXX Title III or implement and diligently pursue any other Applicable Lawsuch cure, (iii) transmit to Landlord copies of any citationsrepair, ordersclosure, notices detoxification, decontamination or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectivelyremediation, "Environmental Notice")Lessor shall have the right, which Environmental Notice requires a written response or any but not the obligation, to carry out such action and to be taken and/or if such Environmental Notice gives notice recover from Lessee all of and/or presents a material risk Lessor’s out of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe pocket costs and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same expenses incurred in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4connection therewith.

Remediation. If, at any time prior Except to the termination extent caused by any intentional or grossly negligent act of this AgreementLessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on that pose a risk to human health or the Leased Propertyenvironment in, subject to Tenant's right to contest the same in accordance with Article 8on, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (c15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to use good faith efforts the extent required by any Environmental Law or as reasonably necessary to eliminate respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any further release material Mold or threat of release of Hazardous Substances on Mold Conditions in or about the Leased Property. Tenant Property (or any portion thereof) or any Capital Additions, Lessee shall promptly: (ialso reasonably promptly notify Lessor of such event and, at its sole cost and expense, hire a trained and experienced Mold remediation contractor(s) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to clean-up and remove from the Leased Property pursuant and any Capital Additions all Mold or Mold Conditions in strict compliance with all Mold Remediation Requirements. If Lessee fails to XXXX Title III or implement and diligently pursue any other Applicable Lawsuch cure, (iii) transmit to Landlord copies of any citationsrepair, ordersclosure, notices detoxification, decontamination or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectivelyremediation, "Environmental Notice")Lessor shall have the right, which Environmental Notice requires a written response or any but not the obligation, to carry out such action and to be taken and/or if such Environmental Notice gives notice recover from Lessee all of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe Lessor’s out-of-pocket costs and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same expenses incurred in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4connection therewith.

Remediation. If, If at any time prior during the Term of this Ground Lease, any contamination of the Ground Leased Premises by Hazardous Materials shall occur where such contamination is caused by the act or omission of Tenant or Tenant’s Representatives (“Tenant Contamination”), then Tenant, at its sole cost and expense, shall promptly and diligently remove such Hazardous Materials from the Ground Leased Premises, or the groundwater underlying the Ground Leased Premises, to the termination of this Agreement, Hazardous Substances (other than those maintained extent reasonably possible in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest requirements of the same applicable Hazardous Materials Laws and industry standards then prevailing in accordance with Article 8the Hazardous Materials management and remediation industry in North Carolina. However, Tenant shall not take or shall cause Manager any required remedial action in response to take all actions and incur any and all expensesTenant Contamination in, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Ground Leased Property Premises or enter into any settlement agreement, consent, decree or other compromise in respect to any claims relating to any Tenant Contamination without first notifying Landlord of Tenant’s intention to do so and (c) affording Landlord the opportunity to use good faith efforts to eliminate any further release appear, intervene or threat of release of Hazardous Substances on or about the Leased Propertyotherwise appropriately assert and protect Landlord’s interest with respect thereto. Tenant shall promptly: (i) upon receipt present its plan to remediate the Tenant Contamination to Landlord for its approval, which approval shall not be unreasonably withheld. In addition to all other rights and remedies of notice or knowledgethe Landlord hereunder, notify Landlord in writing if Tenant does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant Contamination, and thereafter commence the required remediation of any material change Hazardous Materials released or discharged in connection with Tenant Contamination within thirty (30) days after Landlord has reasonably approved Tenant’s remediation plan and all necessary approvals and consents have been obtained and thereafter continue to prosecute said remediation to completion in accordance with the nature or extent approved remediation plan, then Landlord at its sole discretion, shall have the right, but not the obligation, to cause said remediation to be accomplished, and Tenant shall reimburse Landlord within fifteen (15) business days of Hazardous Substances Landlord’s demand for reimbursement of all amounts reasonably paid by Landlord (together with interest from the date of expenditure on said amounts at the Leased Propertyhighest lawful rate until paid), (ii) transmit to when said demand is accompanied by proof of payment by Landlord a copy of any Community Right to Know report which is required to be filed by the amounts demanded. Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (iii) transmit shall promptly deliver to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice hazardous waste manifests reflecting the legal and proper disposal of and/or presents a material risk all Hazardous Materials removed from the Ground Leased Premises as part of Tenant’s remediation of any material violation Tenant Contamination. In the case of any Applicable Law and/or presents a material risk of any material costTenant Contamination, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant Landlord shall contest the same in good faith and by appropriate proceedings and have the right to use and enter the value Ground Leased Premises for purposes of the Leased Property is not materially and adversely affected thereby. inspecting same accompanied by a representative of Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Remediation. If, at any time prior to the Upon expiration or earlier termination of this AgreementLease, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased PropertyTenant shall, subject to at Tenant's right to contest the same in accordance with Article 8sole cost and expense, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) brought on the Premises by Tenant to contain and prevent any further release or threat of release of be removed from the Premises in compliance with all applicable Hazardous Substances Laws, If Tenant or its employees, agents, or contractors violates the provisions of this section, or if Tenant's acts, negligence, or business operations contaminate, or expand the scope of contamination of, the Premises from such Hazardous Substances, then Tenant shall promptly, at Tenant's expense, take all investigatory and/or remedial action (collectively, the "Remediation") that is necessary in order to clean up, remove and dispose of such Hazardous Substances causing the violation on the Premises or the underlying groundwater or the properties adjacent to the Premises to the extent such contamination was caused by Tenant, in compliance with all applicable Hazardous Substances Laws. Tenant shall further repair any damage to the Premises caused by the Hazardous Substances contamination. Tenant shall provide prior written notice to Landlord of such Remediation, and Tenant shall commence such Remediation no later than thirty (30) days after such notice to Landlord and diligently and continuously complete such Remediation. Such written notice shall also include Tenant's method, time and procedure for such Remediation and Landlord shall have the right to require reasonable changes in such method, time or procedure of the Remediation. Tenant shall not take any Remediation in response to the presence of any Hazardous Substances in or about the Leased Property and (c) Premises or enter into any settlement agreement, consent decree or other compromise in respect to use good faith efforts any claims relating to eliminate any further release or threat of release of Hazardous Substances on in any way connected with the Premises, without first notifying Landlord of Tenant's intention to do so and affording Landlord ample opportunity to appear, intervene or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant otherwise appropriately assert and protect Landlord's interests with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Law, (iii) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Remediation. IfIn the event (i) of any Notice; or (ii) if Tenant has caused, at suffered or permitted, directly or indirectly, any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take Spill or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances Environmental Condition on or about the Leased Property and Property, or (ciii) to use good faith efforts to eliminate if any further release Spill or threat of release of Hazardous Substances Environmental Condition has occurred on or about the Leased Property or otherwise affecting the Property. , then Tenant shall promptly: immediately take and Lease Guarantors shall cause Tenant immediately to take all of the following actions, at its sole cost and expense, and without limiting any other provision of this Lease: (i) upon receipt of notice or knowledgenotify Landlord, notify Landlord as provided in writing of any material change in the nature or extent of Hazardous Substances at the Leased PropertySubsection (g), above; (ii) transmit to Landlord a copy effectuate any Remediation required by any Governmental Authority of any Community Right condition (including, but not limited to, a Release) in, on, under or from the Property and take any other reasonable action deemed necessary by any Governmental Authority for protection of human health or the environment; (iii) promptly commence and diligently pursue all steps necessary or desirable, in Landlord’s reasonable opinion, to Know report which is required clean up any such Spill and any contamination related to be filed by Tenant the Spill or to remediate or xxxxx such Environmental Condition or Notice; (iv) promptly provide Landlord with copies of all reports, data, proposals, test results or analyses, assessment or remediation plans relating to such incidents; (v) fully and diligently xxxxx the Notice or otherwise restore the Property or affected property to its condition prior to the incident and Tenant’s Operations on the Property and in accordance with all Environmental Laws; and (vi) fully cooperate with Landlord with respect to the Leased Property any such incident, including permitting Landlord to monitor and inspect all activities pursuant to XXXX Title III or any other Applicable Law, subparagraphs (iiiii) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and - (v) pay or otherwise dispose of any fineabove. Should Tenant fail to undertake such Remediation in accordance with the preceding sentence, charge or Imposition related theretoLandlord, unless after written notice to Tenant and to each Lease Guarantor and Tenant’s failure to immediately undertake such Remediation, shall contest be permitted to complete such Remediation, and all Costs incurred in connection therewith shall be paid by Tenant and/or the same in good faith Lease Guarantors. Any Cost so paid by Landlord, together with interest at the Default Rate, shall be deemed to be a Monetary Obligation hereunder (and by appropriate proceedings not Rent) and shall be immediately due from Tenant and/or the right Lease Guarantors to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4.

Remediation. IfIf Tenant becomes aware of the presence or release of any Hazardous Material in, at on or under the Leased Property or any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on property affected by the Leased Property, subject in a quantity sufficient to Tenant's right to contest the same in accordance with Article 8, Tenant shall take require remediation or shall cause Manager to take all actions and incur reporting under any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Environmental Law, (iii) transmit or where remediation is otherwise necessary to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and prevent the value of the Leased Property is not from being materially and adversely affected, or if Tenant, Landlord, the Leased Property or any property affected thereby. Tenant's liability and obligations pursuant by the Leased Property becomes subject to any order of any court or federal, state or local agency to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise clean up the Leased Property or any property affected by the Leased Property, except to the terms extent that such remediation is required to address releases of Hazardous Materials caused solely by actions of the Landlord, Tenant shall, at its sole expense, carry out and complete any required response, action, investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Leased Property or any property affected by the Leased Property in compliance with applicable laws and prevailing industry practices and standards. Tenant shall provide Landlord with documentation reasonably acceptable to Landlord evidencing that all work or other action required hereunder has been properly and lawfully completed (including a certificate addressed to Lessor from an environmental consultant reasonably acceptable to Landlord in such detail and form as Landlord may reasonably require). If Tenant fails to implement and diligently pursue any such repair, closure, detoxification, decontamination, response, action, remediation or other cleanup of the Leased Property, or any property affected by the Leased Property in a timely manner and in compliance with applicable laws and prevailing industry standards, Landlord shall have the right (in addition to any other rights of Landlord under this Section 4.3.1 are subject Lease), but not the obligation, to the provisions carry out such action and to recover all of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4actual, documented costs and expenses (including, without limitation, reasonable attorneys' and consultants' fees and costs) from Tenant as Additional Rent.

Remediation. IfIf any investigation, at site monitoring, containment, remediation, removal, restoration or other remedial work of any kind or nature (the “Remedial Work”) is reasonably desirable (in the case of an operation and maintenance program or similar monitoring or preventative programs) or necessary, both as determined by an independent environmental consultant selected by Mortgagee under any applicable federal, state or local law, regulation or ordinance, or under any judicial or administrative order or judgment, or by any governmental person, board, commission or agency, because of or in connection with the current or future presence, suspected presence, release or suspected release of a Hazardous Substance into the air, soil, groundwater, or surface water at, on, about, under or within the Mortgaged Premises or any portion thereof, Mortgagor shall within thirty (30) days after written demand by Mortgagee for the performance (or within such shorter time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required under applicable law, regulation, ordinance, order or agreement), commence and thereafter diligently prosecute to completion all such Remedial Work to the extent required by any Government Agency, law. All Remedial Work shall be performed by contractors approved in advance by Mortgagee and under the supervision of a consulting engineer approved in advance by Mortgagee (awhich approval in each case shall not be unreasonably withheld or delayed). All costs and expenses of such Remedial Work (including without limitation the reasonable fees and expenses of Mortgagee’s counsel) incurred in connection with monitoring or review of the Remedial Work shall be paid by Xxxxxxxxx. If Mortgagor shall fail or neglect to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release timely commence or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required cause to be filed by Tenant with respect commenced, or shall fail to diligently prosecute to completion, such Remedial Work, Mortgagee may (but shall not be required to) cause such Remedial Work to be performed; and all costs and expenses thereof, or incurred in connection therewith (including, without limitation, the Leased Property pursuant to XXXX Title III or any other Applicable Law, (iii) transmit to Landlord copies reasonable fees and expenses of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"Mortgagee’s counsel), which Environmental Notice requires shall be paid by Mortgagor to Mortgagee forthwith after demand and shall be a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value part of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4indebtedness secured hereby.

Remediation. IfSolely with respect to any Contamination existing on, at in or under the Property as of the close of escrow under the Purchase Agreement (and which is not exacerbated (as described above) by any time prior to the termination activities or negligent omissions of this Agreement, Hazardous Substances Veritas (or its assignee or affiliate) or any future Owner Entities or any third party other than those maintained Fairchild or any of Fairxxxxx'x xxxnts, employees, contractors or subcontractors, provided that construction or other development activities by Veritas on the Property that are performed in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant due care shall take or shall cause Manager to take all actions and incur any and all expenses, as may not be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing considered "exacerbation" of any material change in pre-existing Contamination), Fairchild shall have the nature obligation and responsibility to either perform (at Fairxxxxx'x xxxt) or extent of Hazardous Substances to cause Raytheon Company to perform (at the Leased PropertyRaytheon's cost) all investigation, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant monitoring, remediation, cleanup, removal, or other environmental response action with respect to the Leased Contamination existing on or beneath the Property or in any building or improvement located on the Property as of the date of this Agreement which currently is or may in the future be required of Raytheon Company, Fairchild or of or any other Owner Entity by any federal, state, or local agency, court, or tribunal, with Fairchild or Raytheon Company to be named on all permits and manifests for any materials removed from the Property pursuant to XXXX Title III such remediation or any other Applicable Law, (iii) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto clean up (collectively, "Environmental NoticeRemedial Action"). All Remedial Action shall be performed on the Property in a good, safe, professional, and workmanlike manner, in compliance with all applicable laws, ordinances and regulations and after obtaining all requisite permits and licenses, and in a manner which Environmental Notice requires does not interfere unreasonably with any Owner Entity's use of the property. Fairchild shall, following completion of such Remedial Action, restore or cause to be restored the Property as close as practicable to the condition in which it existed prior to the performance of the Remedial Action, Nothing in this Paragraph 3 above shall constitute a written response waiver or release of Fairxxxxx'x xxxhts or remedies available to it under the 1997 Raytheon Agreement or any other agreement pursuant to which Fairchild acquired Raytheon Semiconductor, Inc. if any Contamination is discovered on or under the Property, or any portion thereof, following the date hereof and such Contamination is covered by the 1997 Raytheon Agreement, then, Fairchild shall have no liability to Veritas or any Owner Entity under paragraph 1 or 2 of this Agreement so long as Raytheon Company is performing its obligations under the 1997 Raytheon Agreement with respect to such discovered Contamination. Veritas and all Owner Entities shall provide Fairchild and/or Raytheon Company and their consultants and contractors reasonable access to the Property to maintain and operate all remedial systems. Maintenance and operation of such remedial systems shall not unreasonably interfere with the use and operation of the Property by Veritas or any Owner Entity where reasonableness is determined by the conduct of a reasonable, prudent person responsible for both the operations of the business and the conduct of the remedial activities; provided, however, in Veritas and all Owner Entities agree not to take any action to be taken and/or if such Environmental Notice gives notice of and/or presents that would result in a material risk breach or default of any material violation of the Grantee's obligations under the 1997 Raytheon Agreement, provided that such actions shall not include Veritas' reasonable activities relating to its development of the Property as a corporate campus facility. Veritas and the Owner Entities agree to indemnify, defend and hold harmless Fairchild and its agents, employees, directors, officers, shareholders, affiliates, successors and assigns, from and against any and all damages, losses, claims, liabilities, actions, causes of action, costs and expenses (including, without limitation, attorneys' fees and costs) arising out of or related to any breach or default by Veritas or any of the Owner Entities of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. TenantGrantee's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4the 1997 Raytheon Agreement.

Remediation. IfIf any Hazardous Material in a quantity sufficient to require remediation or reporting under any Environmental Law is released, or disposed of, in, on or under the Leased Property at any time during the Term hereof or was released, or disposed of, in, on or under the Leased Property at any time prior to the termination Commencement Date (i.e., irrespective of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on whether the same occurred during Tenant's or Tenant's affiliate's ownership or possession of the Leased Property), subject to or if Tenant's right to contest the same in accordance with Article 8, Tenant shall take Landlord, or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereonbecomes subject to any order of any federal, (b) state or local agency to contain and prevent any further release investigate, remove, remediate, repair, close, detoxify, decontaminate or threat of release of Hazardous Substances on or about otherwise clean up the Leased Property and (c) to use good faith efforts to eliminate as a result of any further release or threat of release of Hazardous Substances disposal in, on or about under the Leased Property occurring at any time during the Term hereof or prior to the Commencement Date (i.e., irrespective of whether the same occurred during Tenant's or Tenant's affiliate's ownership or possession of the Leased Property. ), Tenant shall promptly: (i) upon receipt of notice or knowledgeshall, notify Landlord in writing of at its sole expense, carry out and complete any material change in the nature or extent of Hazardous Substances at the Leased Propertyrequired investigation, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or any other Applicable Lawremoval, (iii) transmit to Landlord copies of any citationsremediation, ordersrepair, notices closure, detoxification, decontamination or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value cleanup of the Leased Property is not materially and adversely affected therebyin material compliance with all applicable Environmental Laws; provided, however, that Tenant shall have no responsibility for any investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Leased Property necessitated by actions of Landlord. Subject to Tenant's liability and obligations rights to contest pursuant to Article 12 hereof, if Tenant fails to implement and diligently pursue any such repair, closure, detoxification, decontamination or other cleanup of the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 Leased Property in a timely manner and 5.1.4 and Landlord's in material compliance with its funding obligations under Section 5.1.4all applicable Environmental Laws, Landlord shall have the right, but not the obligation, to carry out such action and to recover all of the reasonable costs and expenses from Tenant as Additional Charges.

Remediation. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) Except as provided in subsection (b) below, if Lessee becomes aware of a violation of any Legal Requirement relating to clean up and remove from and about any Hazardous Substance in, on or under the Leased Property all or any Capital Additions or any adjacent property thereto, or if Lessee, Lessor or the Leased Property or any Capital Additions becomes subject to any order of any federal, state or local agency to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property and any Capital Additions, Lessee shall immediately notify Lessor of such event and, at its sole cost and expense with respect to any such Hazardous Substances thereonin, on or under the Leased Property (b) to contain and prevent but not adjacent thereto unless caused by Lessee), cure such violation or effect such repair, closure, detoxification, decontamination or other remediation; provided, however, that Lessor shall be responsible for any further release or threat of release of Hazardous Substances on in, on, under or about the Leased Property as of the Commencement Date. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation, Lessor shall have the right, but not the obligation, to carry out such action and to recover from Lessee all of Lessor's costs and expenses incurred in connection therewith. (cb) Notwithstanding anything to use good faith efforts the contrary in this Lease, if Lessor becomes aware of a violation of any Legal Requirement relating to eliminate any further release or threat of release of Hazardous Substances on Substance in, on, under or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice Property or knowledge, notify Landlord in writing of any material change in Capital Additions or any adjacent property thereto resulting from the nature or extent presence of Hazardous Substances at the Leased Propertyin, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to on, under or about the Leased Property pursuant to XXXX Title III as of the Commencement Date, or if Lessee, Lessor or the Leased Property or any other Applicable Law, (iii) transmit Capital Additions becomes subject to Landlord copies any order of any citationsfederal, ordersstate or local agency to repair, notices close, detoxify, decontaminate or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectivelyotherwise remediate the Leased Property and any Capital Additions, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating to resulting from the use, maintenance and disposal presence of Hazardous Substances and all orders in, on, under or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of about the Leased Property as of the Commencement Date, Lessor shall immediately notify Lessee of such event and, at its sole cost and expense (subject to Lessor's right to seek indemnification or contribution from other Persons), cure such violation or effect such repair, closure, detoxification, decontamination or other remediation. If Lessor fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or other remediation for which Lessor is not materially and adversely affected thereby. Tenant's liability and obligations responsible pursuant to this subsection (b), Lessee shall have the terms right, but not the obligation, to carry out such action and to recover from Lessor all of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 Lessee's costs and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4expenses incurred in connection therewith.

Remediation. IfIf any Hazardous Material in a quantity sufficient to require remediation or reporting under any Environmental Law is released, or disposed of, in, on or under the Subleased Property at any time during the Term hereof or was released, or disposed of, in, on or under the Subleased Property at any time prior to the termination Commencement Date (i.e., irrespective of this Agreementwhether the same occurred during Subtenant's or Subtenant's affiliate's ownership or possession of the Subleased Property), Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on or if Subtenant, Sublandlord, or the Leased Property, Subleased Property becomes subject to Tenantany order of any federal, state or local agency to investigate, remove, remediate, repair, close, detoxify, decontaminate or otherwise clean up the Subleased Property as a result of any release or disposal in, on or under the Subleased Property occurring at any time prior to the Commencement Date (i.e., irrespective of whether the same occurred during the Term hereof or during Subtenant's right or Subtenant's affiliate's ownership or possession of the Subleased Property), Subtenant shall, at its sole expense, carry out and complete any required investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Subleased Property in material compliance with all applicable Environmental Laws; provided, however, that Subtenant shall have no responsibility for any investigation, removal, remediation, repair, closure, detoxification, decontamination or other cleanup of the Subleased Property necessitated by actions of Sublandlord. Subject to Subtenant's rights to contest the same in accordance with Article 8, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about the Leased Property. Tenant shall promptly: (i) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant with respect to the Leased Property pursuant to XXXX Title III or Article 12 hereof, if Subtenant fails to implement and diligently pursue any other Applicable Lawsuch repair, (iii) transmit to Landlord copies of any citationsclosure, ordersdetoxification, notices decontamination or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires cleanup of the Subleased Property in a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a timely manner and in material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply compliance with all Applicable Laws relating applicable Environmental Laws, Sublandlord shall have the right, but not the obligation, to the use, maintenance carry out such action and disposal of Hazardous Substances and to recover all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially reasonable costs and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4expenses from Subtenant as Additional Charges.

Remediation. If, at any time prior Except to the termination extent caused by any intentional or negligent act of this AgreementLessor or Lessor’s agents or Affiliates, or after the Term, if Lessee becomes aware of a material violation of any Legal Requirement relating to any Hazardous Substance or the presence of any Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on that pose a risk to human health or the Leased Propertyenvironment in, subject to Tenant's right to contest the same in accordance with Article 8on, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on under or about the Leased Property or any Capital Additions, or if Lessee, Lessor or the Leased Property (or any portion thereof) or any Capital Additions becomes subject to any material order of any Governmental Authority pursuant to Environmental Law or other Legal Requirement to repair, close, detoxify, decontaminate or otherwise remediate the Leased Property (or any portion thereof) and any Capital Additions, Lessee shall notify Lessor within fifteen (c15) days of such event and, at its sole cost and expense, cure such violation or effect such repair, closure, detoxification, decontamination or other remediation to use good faith efforts the extent required by any Environmental Law or as reasonably necessary to eliminate respond to a threat to human health or a risk of property damage related thereto. Upon the Lessee becoming aware of any further release material Mold or threat of release of Hazardous Substances on Mold Conditions in or about the Leased Property. Tenant Property (or any portion thereof) or any Capital Additions, Lessee shall promptly: (i) upon receipt also reasonably promptly notify Lessor of notice or knowledgesuch event and, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Propertyits sole cost and expense, (ii) transmit to Landlord hire a copy of any Community Right to Know report which is required to be filed by Tenant with respect to trained and experienced Mold remediation contractor(s)to clean-up and remove from the Leased Property pursuant to XXXX Title III and any Capital Additions all Mold or any other Applicable Law, (iii) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"), which Environmental Notice requires a written response or any action to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply Mold Conditions in strict compliance with all Applicable Laws relating Mold Remediation Requirements. If Lessee fails to implement and diligently pursue any such cure, repair, closure, detoxification, decontamination or otherremediation, Lessor shall have the useright, maintenance but not the obligation, to carry out such action and disposal to recover from Lessee all of Hazardous Substances Lessor’s out-of-pocket costs and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment or other disposition thereof, and (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same expenses incurred in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4connection therewith.

Remediation. If(a) Subject to Sellers’ indemnity in the last sentence of Section 8.2(a), at any time prior to after the termination Closing, as part of this Agreement, Hazardous Substances the applicable Purchaser Entities’ assumption of all Environmental Liabilities (other than those maintained the Excluded Environmental Liabilities), the Purchaser Entities shall assume and be solely responsible for any remediation activities of Sellers or their Affiliates related to the Assets, the YELP Assets, or the YPLC Assets, including any requirements under the Corrective Action Orders, and shall take, or, in accordance with Applicable Lawsthe case of the YELP Assets and the YPLC Assets, use its reasonable efforts to cause YELP and YPLC to take, all prudent measures to maintain the integrity of any caps and other remediation measures, where remediation activities are being performed or have been completed, and to prevent the disturbance of any residual Hazardous Substances remaining after remediation activities have been completed. Should any Purchaser Entity, YELP, or YPLC determine that any of the Assets, the YELP Assets, or the YPLC Assets (as applicable) are discovered on no longer intended to be used for the Leased Propertyactivities as they exist at the Closing, subject then the Purchaser Entities covenant and agree to Tenant's right to contest the same in accordance with Article 8execute and complete, Tenant shall take or shall cause Manager to take all actions and incur any and all expenses, as may be reasonably necessary and as may be required by any Government Agency, (a) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, (b) to contain and prevent any further release or threat of release of Hazardous Substances on or about the Leased Property and (c) to use good faith their reasonable efforts to eliminate cause YELP and YPLC to execute and complete, all assessment and remediation activities in compliance with any Applicable Law which will lead to a “no further release action”, acknowledgement, registration, or threat of release of Hazardous Substances on confirmation that any such Asset, YELP Asset, or about the Leased PropertyYPLC Asset (as applicable) has been remediated to a specific standard for future use. Tenant shall promptly: (i) upon receipt of notice or knowledgeFurthermore, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at the Leased Property, (ii) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant except with respect to the Leased Property pursuant Excluded Environmental Liabilities, the Purchaser Entities shall, where applicable, seek, or use its reasonable efforts to XXXX Title III cause YELP or YPLC to seek, regulatory closure of Environmental Matters with respect to any of the Assets, the YELP Assets, or the YPLC Assets and ensure that such closure will extend to benefit Sellers and their Affiliates. The Purchaser Entities shall use commercially reasonable efforts to ensure that this Section 15.8 shall be binding on the Purchaser Entities’ assignees, transferees, or successors, or future purchasers of any of the Assets, the YELP Interests, or the YPLC Interests and agrees to insert provisions similar to, and having the same effect as, those set forth in this Section 15.8 in any deed, lease, or other instrument conveying all or part of the Assets, the YELP Interests, or the YPLC Interests, to the maximum extent permitted by Applicable Law, . (iiib) transmit to Landlord copies Without limiting any of any citations, orders, notices Purchaser Entities’ obligations in Section 10.1(c) or other governmental communications received by Tenant or its agents or representatives with respect thereto (collectively, "Environmental Notice"Section 15.8(a), which Environmental Notice requires a written response or any action the Parties shall cooperate to be taken and/or if such Environmental Notice gives notice of and/or presents a material risk of any material violation of any Applicable Law and/or presents a material risk of any material cost, expense, loss or damage (an "Environmental Obligation"), (iv) observe and comply with all Applicable Laws relating obtain the transfer to the use, maintenance and disposal applicable Purchaser Entity of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating EMOC’s Liabilities related to the use or maintenance or requiring remediation activities at the removal, treatment, containment or other disposition thereof, and Helena Terminal managed by RELLC under the RELLC Agreements (v) pay or otherwise dispose of any fine, charge or Imposition related thereto, unless Tenant shall contest the same in good faith and by appropriate proceedings and the right to use and the value of the Leased Property is not materially and adversely affected thereby. Tenant's liability and obligations pursuant to the terms of this Section 4.3.1 are subject to the provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with its funding obligations under Section 5.1.4“Helena Terminal Remediation”).