Common use of Restriction on Use, Etc Clause in Contracts

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable Laws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any 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 nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.3.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.4.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any accordance with Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article VIII, Tenant shall nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsEnxxxxnmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.5.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.5 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.5.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, each an “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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable LawsLaws in all material respects. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other similar Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto to Hazardous Substances violations or alleged violations of Applicable Law (collectively, each an “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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied with) all material Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any accordance with Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article VIII, Tenant shall nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsEnviroxxxxtal Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.5.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.5 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.5.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable Laws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any accordance with Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article VIII, Tenant shall nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsEnvironxxxxal Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.5.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.5 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.5.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ), subject to the provisions of Article 8, observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of Article 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto (collectively, “Environmental Notice”"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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s 's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous SubstanceMaterials, except that Tenant may store, transfer and dispose of Hazardous Materials in compliance with all Applicable Environmental Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall use commercially reasonable efforts to cause Manager to maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance Materials (except such Hazardous Materials as are maintained in compliance with all Applicable Environmental Laws). Tenant shall promptly: promptly (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances Materials at any Propertythe Leased Property of which Tenant has notice or actual knowledge, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsEnvironmental Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Materials received by Tenant or any Manager or their respective 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 could give rise to a material risk of any material violation of any Applicable Laws Environmental Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) use commercially reasonable efforts to cause Manager to observe and comply with (or cause to be observed and complied with) all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances Materials and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance thereof or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to Section 4.3.2, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use use, and the value of any of of, the Leased Property is not materially and adversely affected thereby. If, at thereby in any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered on any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertysubstantial manner.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous SubstanceMaterials, except that Tenant may store, transfer and dispose of Hazardous Materials in compliance with all Applicable Environmental Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall use commercially reasonable efforts to cause Manager to maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance Materials (except such Hazardous Materials as are maintained in compliance with all Applicable Environmental Laws). Tenant shall promptly: promptly (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances Materials at any Propertythe Leased Property of which Tenant has notice or actual knowledge, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsEnvironmental Law, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Materials received by Tenant or any Manager or their respective its agents or representatives with respect thereto (collectively, “Environmental Notice”"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 could give rise to a material risk of any material violation of any Applicable Laws Environmental Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) use commercially reasonable efforts to cause Manager to observe and comply with (or cause to be observed and complied with) all Applicable Environmental Laws relating to the use, maintenance and disposal of Hazardous Substances Materials and all orders or directives from any official, court or agency of competent jurisdiction relating to the use or maintenance thereof or requiring the removal, treatment, containment or other disposition thereof, and (e) subject to Section 4.3.2, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use use, and the value of any of of, the Leased Property is not materially and adversely affected therebythereby in any substantial manner. If, If at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Materials are discovered in violation of Environmental Laws on any the Leased Property, subject to Tenant’s right to contest the same in accordance with Article 8, Section 4.3.2 Tenant shall exercise commercially reasonable efforts to cause Manager to take (and shall cause to be taken) all actions and incur any and all expensesexpenses (which actions and expenses shall be subject to Landlord's prior approval, not to be unreasonably withheld, conditioned or delayed except in Emergency Situations, in which case Landlord's prior approval shall not be required) as are may be necessary or as may be required by any Government Agency and by Applicable Laws, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances Materials thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances Materials on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances Materials on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, each an “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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any accordance with Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article VIII, Tenant shall nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsEnvironmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.5.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.5 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.5.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies Landlorx xxpies of any citations, orders, notices or other governmental communications com munications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable Laws, (c) transmit to Landlord copies of any citations, ; orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX SXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, each an “Environmental NoticeENVIRONMENTAL 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental ObligationENVIRONMENTAL OBLIGATION”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable Laws, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their its respective 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 Laws and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or and cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. -29- 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 any Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, “Environmental Notice”each an "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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s 's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and dispose of Hazardous Substances in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property the Collective Leased Properties at all times free of any Hazardous Substance (except such Hazardous Substances as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Propertyof the Collective Leased Properties, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any Property of the Collective Leased Properties pursuant to XXXX Title SARA Xxxle III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Substances received by Tenant or any Manager or their respective its agents or representatives with respect thereto (collectively, “Environmental Notice”"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 could give rise to a material risk of any material violation of any Applicable Laws Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. If, If at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered in violation of Applicable Laws on any Property, subject to Tenant’s right to contest of the same in accordance with Article 8Collective Leased Properties, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be necessary or as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such Property Leased Properties all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property Leased Properties and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such PropertyLeased Properties.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in quantities that are customary in normal operation and maintenance of hotel properties, and then only in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such Property at all times free of any Hazardous Substance (except in quantities that are customary in normal operation and maintenance of hotel properties, and then only in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know or similar report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, and any release notifixxxxon form filed by Tenant or the Manager with respect to the Leased Property pursuant to CERCLA or any other Applicable Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior to the termination of this Agreement, Hazardous Substances in amounts or concentrations requiring investigation or cleanup (other than those maintained in accordance with Applicable Laws) are discovered on any the Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause direct the Manager to be takentake) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ), subject to the provisions of Article 8, observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of Article 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant Tenant, MSLS or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant Tenant, MSLS or any Manager or their respective agents or representatives with respect thereto (collectively, “Environmental Notice”"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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or and cause to be observed and complied withcomplied) 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant Tenant, MSLS or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and MSLS's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and dispose of Hazardous Substances in material compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property the Collective Leased Properties at all times free of any Hazardous Substance (except such Hazardous Substances as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, of the Collective Leased Properties to the extent such change violates Applicable Laws; (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any Property of the Collective Leased Properties pursuant to XXXX Title III or any other Applicable Laws, Law; (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 could give rise to a material risk of any material violation of any Applicable Laws Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “"Environmental Obligation”"), ; (d) observe and comply in all material respects with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest of the same Collective Leased Properties in accordance with Article 8violation of Applicable Law, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such Property the Collective Leased Properties all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property the Collective Leased Properties and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertythe Collective Leased Properties.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Property, Tenant shall notnot store on, and shall not permit any Person to, store, release or spill upon, dispose of or transfer to or from such the Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Property, Tenant shall maintain (or and shall cause direct the Tenant Manager to be maintainedmaintain) such the Property at all times free of any Hazardous Substance (except for those which are customarily used at other hotels like the Hotel and are in compliance with all Applicable Environmental Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Tenant Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Property pursuant to XXXX Title III the Emergency Planning and Community Right-to-Know Act or any other Applicable LawsEnvironmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Environmental Law (collectively, “Environmental Notice”an "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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”)damage, (d) subject to the provisions of ARTICLE 8, observe and comply with (or cause to be observed and complied with) all Applicable Environmental Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant to Hazardous Substances or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value violations of any of the Leased Property is not materially and adversely affected therebyEnvironmental Law. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Lawspermitted under this Agreement) are discovered on any the Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Governmental Agency and by Applicable LawsEnvironmental Law, (xi) to clean up and remove from and about such the Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such the Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such the Property.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any 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 nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord tx Xxndlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.3.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.4 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.4.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto (collectively, “Environmental Notice”"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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) observe and comply with (or and cause to be observed and complied withcomplied) 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and dispose of Hazardous Substances in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property the Collective Leased Properties at all times free of any Hazardous Substance (except such Hazardous Substan es as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Propertyof the Collective Leased Properties, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any Property of the Collective Leased Properties pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Substances received by Tenant or any Manager or their respective 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 could give rise to a material risk of any material violation of any Applicable Laws Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. If, If at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered in violation of Applicable Laws on any Property, subject to Tenant’s right to contest of the same in accordance with Article 8Collective Leased Properties, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be necessary or as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such Property Leased Properties all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property Leased Properties and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such PropertyLeased Properties.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto (collectively, “Environmental Notice”"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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) ), subject to the provisions of ARTICLE 8, observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of ARTICLE 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord Landxxxx copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ), subject to the provisions of Article 8, observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of Article 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time ------------------------ that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ------------------------ observe and comply (and direct the Manager to observe and comply) with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any officialof ficial, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment contain ment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant --------- shall take (and shall cause direct the Manager to be takentake) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Property, Tenant shall notnot store on, and shall not permit any Person to, store, release or spill upon, dispose of or transfer to or from such the Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Property, Tenant shall maintain (or and shall cause direct the Tenant Manager to be maintainedmaintain) such the Property at all times free of any Hazardous Substance (except for those which are customarily used at other hotels like the Hotel and are in compliance with all Applicable Environmental Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Tenant Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Property pursuant to XXXX Title III the Emergency Planning and Community Right-to-Know Act or any other Applicable LawsEnvironmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Environmental Law (collectively, “an "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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”)damage,(d) subject to the provisions of Article 8, (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant to Hazardous Substances or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value violations of any of the Leased Property is not materially and adversely affected therebyEnvironmental Law. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Lawspermitted under this Agreement) are discovered on any the Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Governmental Agency and by Applicable LawsEnvironmental Law, (xi) to clean up and remove from and about such the Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such the Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such the Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord Lanxxxxd copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or and cause to be observed and complied withcomplied) 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other anx xther Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications com munications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Property, Tenant shall notnot store on, and shall not permit any Person to, store, release or spill upon, dispose of or transfer to or from such the Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Property, Tenant shall maintain (or and shall cause direct the Tenant Manager to be maintainedmaintain) such the Property at all times free of any Hazardous Substance (except for those which are customarily used at other hotels like the Hotel and are in compliance with all Applicable Environmental Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Tenant Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Property pursuant to XXXX Title III the Emergency Planning and Community Right-to-Know Act or any other Applicable LawsEnvironmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Environmental Law (collectively, an “Environmental NoticeENVIRONMENTAL 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”)damage, (d) subject to the provisions of ARTICLE 8, observe and comply with (or cause to be observed and complied with) all Applicable Environmental Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant to Hazardous Substances or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value violations of any of the Leased Property is not materially and adversely affected therebyEnvironmental Law. If, at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Lawspermitted under this Agreement) are discovered on any the Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Governmental Agency and by Applicable LawsEnvironmental Law, (xi) to clean up and remove from and about such the Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such the Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such the Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any 39 -32- citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause direct the Manager to be takentake) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in 41 -32- compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title SARA Xxxle III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ), subject to the provisions of Article 8, observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of Article 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.shall

Restriction on Use, Etc. During the Term and any other time that ------------------------ Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall cause the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall cause the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any "Community Right to Know" report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and cause ------------------------ the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.same

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any accordance with Environmental Laws) are discovered on the Leased Property, Tenant subject to Lessee's right to contest the same in accordance with Article VIII, Lessee shall nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable LawsSubstances on or about the Leased Property. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant Lessee shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord Lessor in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord Lessor a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager Lessee with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsExxxxonmental Law, (c) transmit to Landlord Lessor copies of any citations, orders, notices or other governmental communications received by Tenant Lessee or any Manager or their respective 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager Lessee shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall cause the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall cause the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any "Community Right to Know" report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective agents or representatives with respect thereto (collectively, “Environmental Notice”"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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), (d) observe and comply (and cause the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to the exceptions set forth in clauses (i) and (ii) of SECTION 4.3.2 and subject to Tenant’s 's and the Manager's right to contest any Claim with respect to the same in accordance with Article ARTICLE 8, Tenant shall take (and shall cause the Manager to be takentake) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other ------------------------ time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ), subject to the provision s of Article 8, ------------------------ observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of Article 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any --------- fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and --------- all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, “each an "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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable LawsLaws in all material respects. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other similar Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto to Hazardous Substances violations or alleged violations of Applicable Law (collectively, each an “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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied with) all material Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.and

Restriction on Use, Etc. During the Term and any other time ------------------------ that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager ------------------------ to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause --------- direct the Manager to be takentake) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsApplicxxxx Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause direct the Manager to be takentake) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Property any Hazardous Substance, except that Tenant may store, transfer and dispose of Hazardous Substances in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such the Property at all times free of any Hazardous Substance (except such Hazardous Substances as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, at Landlord's request notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Property, ; (b) at Landlord=s request transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Property pursuant to XXXX Title III or any other Applicable Laws, Law; (c) transmit to Landlord copies of any citations, orders, notices of responsibility or other governmental communications received by Tenant or any Manager or their respective its agents or representatives with respect thereto to Hazardous Materials (collectively, “Environmental Notice”"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 and copies of any material reports or other information detailing any Hazardous Substance on the Property, which identify or could give rise to a violation of any Applicable Laws Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage exceeding $50,000 (an “Environmental Obligation”"ENVIRONMENTAL OBLIGATION"), ; (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same Property in accordance with Article 8violation of Applicable Law, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Property.

Restriction on Use, Etc. During If, at any time prior to the Term and any termination of this Agreement, Hazardous Substances (other time that Tenant shall be than those maintained in possession of any accordance with Environmental Laws) are discovered on the Leased Property, subject to Tenant's right to contest the same in accordance with Article VIII, Tenant shall nottake all actions and incur any and all expenses, as may be reasonably necessary and shall not permit as may be required by any Person toGovernment Agency, store(i) to clean up and remove from and about the Leased Property all Hazardous Substances thereon, spill upon, dispose (ii) to contain and prevent any further release or threat of release of Hazardous Substances on or transfer about the Leased Property and (iii) to use good faith efforts to eliminate any further release or from such Property any threat of release of Hazardous Substance, except in compliance with all Applicable Laws. During Substances on or about the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice Notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsExxxxonmental Law, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Environmental Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied with) all Applicable Environmental 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. If, at any time prior Tenant's liability and obligations pursuant to the termination terms of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) Section 4.5.1 are discovered on any Property, subject to Tenant’s right to contest the same in accordance provisions of Sections 5.1.3 and 5.1.5 and Landlord's compliance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertyits funding obligations under Section 5.1.5.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and dispose of Hazardous Substances in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property the Collective Leased Properties at all times free of any Hazardous Substance (except such Hazardous Substances as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Propertyof the Collective Leased Properties, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any Property of the Collective Leased Properties pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any demand letters, complaints or other documents initiating legal action, citations, orders, notices or other governmental material communications asserting claims by private parties or government agencies with respect to Hazardous Substances received by Tenant or any Manager or their respective 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 could give rise to a material risk of any material violation of any Applicable Laws Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. If, If at any time prior to the termination of this Agreement, Hazardous Substances (other than those maintained in accordance with Applicable Laws) are discovered in violation of Applicable Laws on any Property, subject to Tenant’s right to contest of the same in accordance with Article 8Collective Leased Properties, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be necessary or as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such Property Leased Properties all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property Leased Properties and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such PropertyLeased Properties.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledge, promptly notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant Tenant, MSLS or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord Landxxxx copies of any citations, orders, notices or other governmental communications received by Tenant Tenant, MSLS or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or and cause to be observed and complied withcomplied) 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant Tenant, MSLS or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and MSLS's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, storestore on, release or spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly (and shall direct any Manager to promptly: ): (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective agents or representatives with respect thereto to Hazardous Substances or violations or alleged violations of Applicable Law (collectively, each an “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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied with) all Applicable Laws relating to the use, storage, maintenance and disposal of Hazardous Substances and all orders or directives from any official, court or agency of competent jurisdiction relating to the use use, storage or maintenance maintenance, or requiring the removal, treatment, containment or other disposition thereofof Hazardous Substances, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related theretoto Hazardous Substances or violations of Applicable Law for which Tenant or any Person claiming by, through or under Tenant and/or Landlord are legally liable, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further discharge, release or threat of discharge or release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or and cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications com munications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property the Collective Leased Properties any Hazardous Substance, except that Tenant may store, transfer and dispose of Hazardous Substances in material compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property the Collective Leased Properties at all times free of any Hazardous Substance (except such Hazardous Substances as are maintained in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, of the Collective Leased Properties to the extent such change violates Applicable Laws; (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any Property of the Collective Leased Properties pursuant to XXXX SARA Title III or any other Applicable Laws, Law; (c) transmit to xx Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 could give rise to a material risk of any material violation of any Applicable Laws Law and/or presents a material risk of could give rise to any material cost, expense, loss or damage (an “"Environmental Obligation”"), ; (d) observe and comply in all material respects with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Collective Leased Property Properties is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest of the same Collective Leased Properties in accordance with Article 8violation of Applicable Law, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such Property the Collective Leased Properties all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property the Collective Leased Properties and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Propertythe Collective Leased Properties.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant The Borrower Parties shall not, and shall not permit any other Person to, store, spill upon, dispose of or transfer to or from such any Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant The Borrower Parties shall maintain (or shall cause to be maintained) such each Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant The Borrower Parties shall promptly: (a) upon receipt of notice or knowledge, notify Landlord Lender in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord Lender a copy of any report which is required to be filed by Tenant any of the Borrower Parties or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord Lender copies of any citations, orders, notices or other governmental communications received by Tenant any of the Borrower Parties or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an ““ Environmental Obligation”), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant the Borrower Parties or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased affected Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable Laws, (x) to clean up and remove from and about such Property all Hazardous Substances thereon, (y) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (z) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or shall cause to be maintained) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies cxxxxs of any citations, orders, notices or other governmental communications com munications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any the Leased Property pursuant to XXXX SARA Title III or any other anx xxher Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) ), subject to the provisions of Article 8, observe and comply with (or cause to be observed and complied 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 (e) subject to the provisions of Article 8, pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX SARA Title III or any other Applicable LawsLaw, (c) transmit to Landlord Landlxxx copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply with (or and cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Property, subject to Tenant’s 's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.

Restriction on Use, Etc. During the Term and any other time ----------------------- that Tenant shall be in possession of any the Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such the Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any the Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such the Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any the Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any the Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager ------------------------ to observe and comply) with (or cause to be observed and complied with) all Applicable Laws relating to the use, maintenance and disposal of Hazardous Substances and all orders or directives from any officialof ficial, court or agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment contain ment or other disposition thereof, and (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any the Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause --------- direct the Manager to be takentake) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such the Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such the Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall not, not (and shall direct the Manager not permit any Person to, ) store, spill upon, dispose of or transfer to or from such any Leased Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Leased Property, Tenant shall maintain (or and shall cause direct the Manager to be maintainedmaintain) such each Leased Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: : (a) upon receipt of notice or knowledgeknowledge and shall direct the Manager upon receipt of notice or knowledge promptly to, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Leased Property, (b) transmit to Landlord a copy of any Community Right to Know report which is required to be filed by Tenant or any the Manager with respect to any Leased Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any the Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “"Environmental Obligation”"), (d) observe and comply (and direct the Manager to observe and comply) with (or cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any the Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any Leased Property, subject to Tenant’s 's and the Manager's right to contest the same in accordance with Article 8, Tenant shall take (and shall cause direct the Manager to be takentake) all actions and incur any and all expenses, as are may be reasonably necessary and as may be required by any Government Agency and by Applicable LawsAgency, (xi) to clean up and remove from and about such the Leased Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Leased Property and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Leased Property.

Restriction on Use, Etc. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall not, and shall not permit any Person to, store, spill upon, dispose of or transfer to or from such Property any Hazardous Substance, except in compliance with all Applicable Laws. During the Term and any other time that Tenant shall be in possession of any Property, Tenant shall maintain (or shall cause to be maintained) such Property at all times free of any Hazardous Substance (except in compliance with all Applicable Laws). Tenant shall promptly: (a) upon receipt of notice or knowledge, notify Landlord in writing of any material change in the nature or extent of Hazardous Substances at any Property, (b) transmit to Landlord a copy of any report which is required to be filed by Tenant or any Manager with respect to any Property pursuant to XXXX Title III or any other Applicable LawsLaw, (c) transmit to Landlord copies of any citations, orders, notices or other governmental communications received by Tenant or any Manager or their respective 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 Laws Law and/or presents a material risk of any material cost, expense, loss or damage (an “Environmental Obligation”), (d) observe and comply with (or and cause to be observed and complied 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 (e) pay or otherwise dispose (or cause to be paid or otherwise disposed) of any fine, charge or Imposition related thereto, unless Tenant or any Manager shall contest the same in good faith and by appropriate proceedings and the right to use and the value of any of the Leased Property is not materially and adversely affected thereby. 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 any PropertyProperty (in violation of Applicable Laws), subject to Tenant’s right to contest the same in accordance with Article 8, Tenant shall take (and shall cause to be taken) all actions and incur any and all expenses, as are required by any Government Agency and by Applicable LawsLaw, (xi) to clean up and remove from and about such Property all Hazardous Substances thereon, (yii) to contain and prevent any further release or threat of release of Hazardous Substances on or about such Property (in violation of Applicable Laws) and (ziii) to use good faith efforts to eliminate any further release or threat of release of Hazardous Substances on or about such Property.