Common use of Storage Tanks Clause in Contracts

Storage Tanks. Tenant shall, throughout the Term and at its sole cost and expense, maintain and monitor any and all underground storage tanks, aboveground storage tanks, any subsurface containment structures, clarifiers, oil-water separators, and all related systems (including dispensers) and equipment located on the Premises and used, at any time, to collect or store Hazardous Materials (collectively, “Storage Tanks”) in compliance with all applicable Laws. Within ninety (90) days of the expiration or earlier termination of this Lease (provided that such 90-day period may be extended to the extent necessary to obtain permits or authorizations required by Environmental Law to remove the Storage Tanks), Landlord may, at Landlord’s sole cost and expense, (A) cause the complete removal of all Storage Tanks from the Premises, which removal shall be performed in compliance with all applicable Laws, and (B) take any and all actions necessary to close out the registration of the Storage Tanks in compliance with all applicable Laws and procure a Certificate of Closure (or equivalent governmental certification or confirmation) from the applicable governmental authority, confirming that the Storage Tanks are no longer registered as such with the applicable State. In the event Hazardous Materials related to Tenant’s operations of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law (the “Contamination”), Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contamination, provided Tenant shall not be liable for any releases of Hazardous Materials caused by or related to Landlord’s removal of the Storage Tanks. Any remediation of the Storage Tanks shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheld.

Storage Tanks. Tenant shall, throughout the Term and at its sole cost and expense, maintain and monitor any and all underground storage tanks, aboveground storage tanks, any subsurface containment structures, clarifiers, oil-water separators, and all related systems (including dispensers) and equipment located on the Premises and used, at any time, to collect or store Hazardous Materials (collectively, “Storage Tanks”) in compliance with all applicable Laws. Within ninety (90) days of the expiration or earlier termination of this Lease (provided that such 90-day period may be extended to the extent necessary to obtain permits or authorizations required by Environmental Law to remove the Storage Tanks), Landlord may, at Landlord’s sole cost and expense, (A) cause the complete removal of all Storage Tanks from the Premises, which removal shall be performed in compliance with all applicable Laws, and (B) take any and all actions necessary to close out the registration of the Storage Tanks in compliance with all applicable Laws and procure a Certificate of Closure (or equivalent governmental certification or confirmation) from the applicable governmental authority, confirming that the Storage Tanks are no longer registered as such with the applicable State. In the event Hazardous Materials related to Tenant’s operations of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law (the “Contamination”), Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contamination, provided Tenant shall not be liable for any releases of Hazardous Materials caused by or related to Landlord’s removal of the Storage Tanks. Any remediation of the Storage Tanks shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by TenantXxxxxx, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheld.

Storage Tanks. Tenant shall(1) The Lessee shall not use any of the underground or above ground storage tanks installed in the Premises as of the Lease Commencement Date and its or their 209 appurtenances, throughout pipes, lines, fixtures and other related equipment (which tanks and appurtenances, pipes, lines, fixtures and equipment are hereinafter collectively called the Term "Existing Tanks" and singularly called an "Existing Tank"). In the event that notwithstanding the foregoing the Lessee shall use any of the Existing Tanks, then such use shall be subject to all of the terms and conditions of this Section. For the purpose of the foregoing, "use" shall not include the removal or abandonment of any Tanks performed as part of the Redevelopment Work. (2) Each Existing Tank used by the Lessee and all underground storage tanks and all above ground storage tanks installed in the Premises during the term of the letting hereunder or during the letting or use of the Premises by the Lessee under any previous agreement, and its or their appurtenances, pipes, lines, fixtures and other related equipment are hereinafter collectively called the "Lessee's Tanks" and singularly called a "Lessee Tank". Notwithstanding any other facts or circumstances to the contrary including without limitation any vesting of title to the Lessee's Tanks in the City of New York pursuant to any construction or alteration application or otherwise, the Lessee hereby agrees that title and ownership of the Lessee's Tanks shall be and remain in the Lessee, that all Lessee's Tanks shall be registered by the Lessee in the name of the Lessee as operator and owner and that the Lessee shall have full and sole responsibility for all the Lessee's Tanks, and shall release and relieve the Port Authority from all costs and responsibility for the Lessee's Tanks. The Port Authority has made no representations or warranties with respect to the Lessee's Tanks or their location and shall assume no responsibility for the Lessee's Tanks. All Lessee's Tanks installed by the Lessee shall be installed pursuant to the terms and conditions of the Lease including without limitation Section 33 hereof entitled "Other Construction by the Lessee" and nothing in this Section shall or shall be deemed to be permission or authorization to install any Lessee's Tanks. (b) Without limiting the generality of any of the provisions of the Lease, the Lessee agrees that it shall be solely responsible for maintaining, testing and repairing the Lessee's Tanks. The Lessee shall not perform any servicing, repair or non-routine maintenance to the Lessee's Tanks without the prior written approval of the Port Authority. In addition, the Lessee, at its sole cost and expense, maintain shall make all modifications to the Lessee's Tanks and monitor any take all other actions so that the Lessee's Tanks shall at all times comply with all applicable Environmental Requirements. (1) The Lessee shall remove all the Lessee's Tanks from the Premises on or before the expiration of the Lease (unless the Lessee shall have received the prior written approval of the Port Authority to have abandoned a tank in place and such abandonment continues to meet all underground storage tanks, aboveground storage tanks, any subsurface containment structures, clarifiers, oil-water separators, and all related systems (including dispensersapplicable Environmental Requirements) and equipment located on the Lessee agrees to dispose of the Lessee's Tanks off the Airport in accordance with all applicable Environmental Requirements. (2) Any removal of the Lessee's Tanks shall be performed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority's approval and in connection with such removal, the Lessee shall restore the Premises to the same condition existing prior to the installation of the Lessee's Tanks, shall perform such testing of the Lessee's Tanks and of the soil, sub-soil and ground water in the vicinity of the 210 Lessee's Tanks as shall be required by the Port Authority and shall clean-up and remediate any Discharge disclosed by said testing. In the event the Lessee does not remove the Lessee's Tanks as required by subparagraph (l) above, the Port Authority may enter upon the Premises and usedeffect the removal and disposal of the Lessee's Tanks, restoration of the Premises and such remediation and the Lessee hereby agrees to pay all costs and expenses of the Port Authority arising out of such removal, disposal, restoration and remediation. (d) Without limiting the generality of any other term or provision of the Lease, the Lessee shall at any time, to collect or store Hazardous Materials (collectively, “Storage Tanks”) in compliance its cost and expense comply with all Environmental Requirements applicable Lawsto the Lessee's Tanks, including without limitation any modifications or closures required thereby, and any Discharge (as defined in paragraph (i) hereof) including without limitation testing the Lessee's Tanks and registering the Lessee's Tanks in the name of the Lessee as owner and operator, submitting all required clean-up plans, bonds and other financial assurances, performing all required clean-up and remediation of Discharges and filing all reports, making all submissions to, providing all information required by, and complying with all requirements of, all Governmental Authorities pursuant to all such Environmental Requirements. Within ninety Nothing in the foregoing shall be construed as a submission by the Port Authority to the application to itself of the Environmental Requirements, provided, however, no immunity or exemption of the Port Authority from the Environmental Requirements shall excuse the compliance therewith by the Lessee or shall be grounds for non-compliance therewith by the Lessee. (901) days Without limiting the terms and provisions of Section 2 hereof entitled "Construction by the Lessee" and Section 13 hereof entitled "Indemnity and Liability Insurance", the Lessee hereby assumes all risks arising out of or in connection with the Lessee's Tanks and all Discharges whether or not foreseen or unforeseen and shall indemnify and hold harmless the Port Authority, its Commissioners, officers, agents and employees from and against (and shall reimburse the Port Authority for their costs and expenses including without limitation penalties, fines, liabilities, settlements, damages, attorney and consultant fees, investigation and laboratory fees, clean-up and remediation costs, court costs and litigation expenses), all claims and demands, just or unjust, of third persons (such claims and demands being hereinafter in this Section referred to as "Claims" and singularly referred to as a "Claim") including but not limited to those for personal injuries (including death), property damages, or environmental impairment, arising or alleged to arise out of or in any way related to, the failure of the Lessee to comply with each and every term and provision of the Lease relating to the Lessee's Tanks or to any Discharge, or the Lessee's Tanks, or any Discharge, or any lawsuit brought or threatened, settlement reached or any governmental order relating to the Lessee's Tanks or a Discharge, or any violation of any Environmental Requirement or demands of any Governmental Authority based upon or in any way related to the Lessee's Tanks or a Discharge, and whether such arise out of the acts or omissions of the Lessee or of the contractors of the Lessee or of third persons or out of the acts of God or the public enemy or otherwise including Claims by the City of New York against the Port Authority pursuant to the provisions of the Basic Lease whereby the Port Authority has agreed to indemnify the City against claims. It is understood the foregoing indemnity shall cover all claims, demands, penalties, settlements, damages, fines, costs and expenses of or imposed by any Governmental Authority under the aforesaid Environmental Requirements. 211 (2) If so directed the Lessee shall at its expense defend any suit based upon any such Claim (even if such Claim is groundless, false or fraudulent) and in handling such it shall not without first having express advance permission from the General Counsel of the Port Authority raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority or the provisions of any statutes respecting suits against the Port Authority. (3) The terms and conditions of this paragraph (e) are intended to allocate obligations and responsibilities between the Lessee and the Port Authority only, and nothing in this paragraph (e) shall limit, modify or otherwise alter the rights and remedies which the Port Authority or the Lessee may have against third parties at law, equity or otherwise. (f) Without limiting or affecting the terms and provisions of Section 23 hereof entitled "Survival of the Obligations of the Lessee", the Lessee's obligations under this Section shall survive the expiration or earlier termination of this the Lease as provided in Section 56 hereof. (provided that such 90-day period may be extended g) In addition to the extent necessary requirements of Section 6 hereof entitled "Compliance with Governmental Regulations" and paragraph (d) of this Section, the Port Authority shall have the right upon notice to obtain permits or authorizations required by Environmental Law the Lessee to remove direct the Storage Tanks), Landlord mayLessee, at Landlord’s the Lessee's sole cost and expense, (Ai) cause to perform such reasonable testing of the complete removal Lessee's Tanks as the Port Authority shall direct and to perform such testing of all Storage Tanks from the Premisessoil, subsoil and ground water of the Premises and of such surrounding area as the Port Authority shall direct, and (ii) to clean-up and remediate any Discharge, regardless of whether any Environmental Requirement or Governmental Authority shall require such testing, clean-up or remediation, which removal testing, clean-up and remediation shall be performed in compliance with all applicable Lawspursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority's approval. (h) In the Lessee's use and operation of the Lessee's Tanks, the Lessee shall not permit any Hazardous Substance from entering the ground including without limitation (subject to Section 33 hereof entitled "Other Construction by the Lessee") by the Lessee installing appropriate spill and overfill devices and placing an impervious material, such as asphalt or concrete, over the ground area above or under, as the case shall be, and (B) take any and all actions necessary to close out in the registration vicinity of the Storage Tanks Lessee's Tanks. (i) As used in compliance with all applicable Laws and procure a Certificate this Section, "Discharge" shall mean the presence, pumping, pouring, venting, emitting, emptying, leakage, deposit, spill, discharge or other release of Closure (or equivalent governmental certification or confirmation) Hazardous Substances from the applicable governmental authorityLessee's Tanks or in connection with their use, confirming that the Storage Tanks are no longer registered as such with the applicable State. In the event Hazardous Materials related to Tenant’s operations of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law (the “Contamination”)operation, Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contaminationmaintenance, provided Tenant shall not be liable for any releases of Hazardous Materials caused by testing or related to Landlord’s removal of the Storage Tanks. Any remediation of the Storage Tanks shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheldrepair.

Storage Tanks. Tenant shall, throughout the Term (a) All aboveground storage tanks and at its sole cost and expense, maintain and monitor any and all underground storage tanks, if any, installed in the premises as of the effective date of Supplement No. 17 to this Lease and its or their appurtenances, pipes, lines, fixtures and other related equipment, together with all aboveground storage tankstanks and underground storage tanks installed in the premises during the term of the letting subsequent to the said date and its or their appurtenances, pipes, lines, fixtures and other related equipment are hereinafter collectively called the 'Tanks' and singularly called a 'Tank'. The Lessee hereby agrees that title and ownership of the Tanks shall be and remain in the Lessee, notwithstanding anything to the contrary in any subsurface containment structuresconstruction or alteration application. The Port Authority has made no representations or warranties with respect to the Tanks or their location and shall assume no responsibility for the Tanks. All Tanks installed subsequent to said date shall be installed pursuant to the terms and conditions of the Lease including without limitation Section 23 hereof and nothing in this Section 95 shall or shall be deemed to be permission or authorization to install any Tanks. (b) Without limiting the generality of any of the provisions of the Lease, clarifiersthe Lessee agrees that it shall be solely responsible for maintaining, oiltesting and repairing the Tanks. The Lessee shall not perform any servicing, repairs or non-water separatorsroutine maintenance to the Tanks without the prior written approval of the Port Authority. (c) It is hereby agreed that title to and ownership of the Tanks shall remain in the Lessee until the earlier to occur of (1) receipt by the Lessee of notice from the Port Authority that title to the Tanks shall vest in the Port Authority or in the City of Newark or (2) receipt by the Lessee of notice from the Port Authority that the Port Authority waives its right to require the Lessee to remove the Tanks from the premises as set forth in paragraph (i) below. The vesting of title to the Tanks in the Port Authority or in the City of Newark, if at all, in accordance with the foregoing item (1) shall in no event relieve the Lessee from the obligation to remove the Tanks from and restore the premises in accordance with paragraph (i) below. (d) Without limiting the generality of any other term or provision of the Lease, the Lessee shall at its cost and expense comply with all Environmental Requirements pertaining to the Tanks and any presence, pumping, pouring, venting, emitting, emptying, leakage, deposit, spill, discharge or other release of Hazardous Substances from the Tanks or in connection with their use, operation, maintenance, testing or repair (any such presence, pumping, pouring, venting, emitting, emptying, leakage, deposit, spill, discharge or other release during the period the Lessee shall use or occupy the premises or use the Tanks being hereinafter called a 'Discharge') including without limitation registering and testing the Tanks, submitting all required clean-up plans, bonds and other financial assurances, performing all required clean-up and remediation of a Discharge and filing all reports, making all submissions to, providing all information required by, and complying with all related systems requirements of, all governmental authorities pursuant to the Environmental Requirements. Nothing in the foregoing shall be construed as a submission by the Port Authority to the application to itself of the Environmental Requirements, provided, however, no immunity or exemption of the Port Authority from the Environmental Requirements shall excuse the compliance therewith by the Lessee or shall be grounds for non-compliance therewith by the Lessee. (e) Without limiting the terms and provisions of Section 18 of the Lease, the Lessee hereby assumes all risks arising out of or in connection with the Tanks and all Discharges whether or not foreseen or unforeseen and shall indemnify and hold harmless the Port Authority, its Commissioners, officers, agents and employees from and against (and shall reimburse the Port Authority for their costs and expenses including without limitation penalties, fines, liabilities, settlements, damages, attorney and consultant fees, investigation and laboratory fees, clean-up and remediation costs, court costs and litigation expenses), all claims and demands, just or unjust, of third persons (such claims and demands being hereinafter in this Section 95 referred to as 'Claims' and singularly referred to as a 'Claim') including but not limited to those for personal injuries (including dispensersdeath), property damages, or environmental impairment, arising or alleged to arise out of or in any way related to, the failure of the Lessee to comply with each and every term and provision of the Lease, or the Tanks, or any Discharge, or any lawsuit brought or threatened, settlement reached or any governmental order relating to the Tanks or a Discharge, or any violation of any Environmental Requirements or demands of any governmental authority based upon or in any way related to the Tanks or a Discharge, and whether such arise out of the acts or omissions of the Lessee or of customers or contractors of the Lessee or of third persons or out of the acts of God or the public enemy or otherwise including claims by the City of Newark against the Port Authority pursuant to the provisions of the Basic Lease (as defined in the Lease) whereby the Port Authority has agreed to indemnify the City against claims. It is understood the foregoing indemnity shall cover all claims, demands, penalties, settlements, damages, fines, costs and expenses of or imposed by any governmental authority under the Environmental Requirements. If so directed the Lessee shall at its expense defend any suit based upon any such Claim (even if such Claim is groundless, false or fraudulent) and equipment located on in handling such it shall not without first having express advance permission from the Premises and usedGeneral Counsel of the Port Authority raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, at the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority or the provisions of any time, to collect or store Hazardous Materials statutes respecting suits against the Port Authority. (collectively, “Storage Tanks”f) in compliance with all applicable Laws. Within ninety (90) days of The Lessee's obligations under this Section 95 shall survive the expiration or earlier termination of this Lease the Lease. (provided that such 90-day period may be extended g) In addition to the extent necessary requirements of Section 10 of the Lease and paragraph (d) hereof, the Port Authority shall have the right upon notice to obtain permits or authorizations required by Environmental Law the Lessee to remove direct the Storage Tanks), Landlord mayLessee, at Landlord’s the Lessee's sole cost and expense, (Ai) cause to perform such reasonable testing of the complete removal Tanks as the Port Authority shall direct and to perform such testing of all Storage the soil, subsoil and ground water of the premises and of such surrounding area as the Port Authority shall direct, and (ii) to clean-up and remediate any Discharge, regardless of whether any Environmental Requirement or governmental authority shall require such testing, clean-up or remediation, which testing, clean-up and remediation shall be performed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority's approval. (h) In the Lessee's use and operation of the Tanks, the Lessee shall not permit any Hazardous Substance from entering the ground including without limitation (subject to Section 23 hereof) installing appropriate spill and overfill devices and placing an impervious material, such as asphalt or concrete, over the ground area above and in the vicinity of the Tanks. (1) The Lessee shall remove the Tanks from the Premisespremises on or before the applicable expiration date of the Lease and dispose of the Tanks off the Airport in accordance with all Environmental Requirements. (2) Without limiting the foregoing or any other term or provision of this Agreement, which any removal of the Tanks shall be performed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority's approval and, in compliance connection with all applicable Lawssuch removal, and (B) take any and all actions necessary the Lessee shall restore the premises to close out the registration same condition existing prior to the installation of the Storage Tanks, shall perform such testing of the Tanks and of the soil, sub-soil and ground water in compliance with all applicable Laws the vicinity of the Tanks as may be required by the Port Authority and procure a Certificate of Closure (or equivalent governmental certification or confirmation) from the applicable governmental authority, confirming that the Storage Tanks are no longer registered as such with the applicable Stateshall clean-up and remediate contamination disclosed by said testing. In the event Hazardous Materials related to Tenant’s operations the Lessee does not remove the Tanks as required by subparagraph (1) above, the Port Authority may enter upon the premises and effect the removal and disposal of the Storage Tanks is confirmed above Tanks, restoration of the premises and such remediation and the Lessee hereby agrees to pay all costs and expenses of the Port Authority arising out of such removal, disposal, restoration and remediation. (j) Notwithstanding the foregoing or any other provision of the Lease to the contrary, (i) the costs of remediation of any Non- Hydrocarbon Contamination (as defined in Section 12(p) hereof) resulting from a Discharge from any Tank which was not installed by the Lessee shall count towards the Non-Hydrocarbon Obligation Amount (as defined in Section 12(p) hereof) except to the extent the substance(s) causing such costs was placed on or introduced to the premises by the Lessee, and the standard for remediation thereof shall be the applicable industrial use standards allowed standard as required under Law Environmental Requirements and, in the event that any Environmental Requirement sets forth more than one standard, the standard to be applied shall be that which requires the lowest level of a Hazardous Substance unless the Port Authority consents to a different standard being applied; and (ii) the “Contamination”), Tenant Lessee shall reimburse Landlord for all reasonable and documented out-of-pocket costs have no obligation or liability with respect to investigate and remediate the Contamination, provided Tenant shall not be liable for cost of remediation of any releases of Hazardous Materials Discharge caused by the acts or related to Landlord’s removal omissions of the Storage Tanks. Any remediation of Port Authority, and the Storage Tanks Port Authority shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (responsible therefor; provided, however, that the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant Port Authority does not approve the Submittals hereby waive any claims or provide comments within ten (10) business days rights which it may have against any third parties with respect to such costs of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheldremediation.

Storage Tanks. Tenant (a) All storage tanks, if any, installed in the premises as of the Commencement Date as defined in Section 2 hereof, together with all storage tanks installed in the premises during the term of the letting subsequent to the Commencement Date and its or their appurtenances, pipes, lines, fixtures and other related equipment are hereinafter collectively called the "Storage Tanks" and singularly called a "Storage Tank". The Lessee hereby agrees that title and ownership of the Storage Tanks shall be and remain in the Lessee, notwithstanding anything to the contrary in the Lease or any construction or alteration application. The Port Authority has made no representations or warranties with respect to the Storage Tanks or their location and shall assume no responsibility for the Storage Tanks. All Storage Tanks installed subsequent to said Commencement Date shall be installed pursuant to the terms and conditions of the Lease including without limitation Section 6 thereof and nothing in this Section shall or shall be deemed to be permission or authorization to install any Storage Tanks. (b) Without limiting the generality of any of the provisions of the Lease, the Lessee agrees that it shall be solely responsible for maintaining, testing and repairing the Storage Tanks. The Lessee shall not perform any servicing, repairs or non-routine maintenance to the Storage Tanks without the prior written approval of the Port Authority. (c) It is hereby agreed that title to and ownership of the Storage Tanks shall remain in the Lessee until the earlier to occur of (1) receipt by the Lessee of notice from the Port Authority that title to the Storage Tanks shall vest in the Port Authority or in the City of New York or (2) receipt by the Lessee of notice from the Port Authority that the Port Authority waives its right to require the Lessee to remove the Storage Tanks from the premises as set forth in paragraph (i) below. The vesting of title to the Storage Tanks in the Port Authority or in the City of New York, if at all, in accordance with the foregoing item (1) shall in no event relieve the Lessee from the obligation to remove the Storage Tanks from and restore the premises in accordance with paragraph (i) below. (d) Without limiting the generality of any other term or provision of the Lease, the Lessee shall, throughout the Term and at its sole cost and expense, maintain comply with all Environmental Requirements pertaining to the Storage Tanks and monitor any presence, pumping, pouring, venting, emitting, emptying, leakage, deposit, spill, discharge or other release of Hazardous Substances from the Storage Tanks or in connection with their use, operation, maintenance, testing or repair (any such presence, pumping, pouring, venting, emitting, emptying, leakage, deposit, spill, discharge or other release during the period the Lessee shall use or occupy the premises or use the Storage Tanks being hereinafter called a "Discharge") including without limitation registering and testing the Storage Tanks, submitting all required clean-up plans, bonds and other financial assurances, performing all required clean-up and remediation of a Discharge and filing all reports, making all submissions to, providing all information required by, and complying with all requirements of, all governmental authorities pursuant to the Environmental Requirements. Nothing in the foregoing shall be construed as a submission by the Port Authority to the application to itself of the Environmental Requirements, provided, however, no immunity or exemption of the Port Authority from the Environmental Requirements shall excuse the compliance therewith by the Lessee or shall be grounds for non-compliance therewith by the Lessee. (e) Without limiting the terms and provisions of Section 15 of the Lease, the Lessee hereby assumes all risks arising out of or in connection with the Storage Tanks and all underground storage tanksDischarges whether or not foreseen or unforeseen and shall indemnify and hold harmless the Port Authority, aboveground storage tanksits Commissioners, officers, agents and employees from and against (and shall reimburse the Port Authority for their costs and expenses including without limitation penalties, fines, liabilities, settlements, damages, attorney and consultant fees, investigation and laboratory fees, clean-up and remediation costs, court costs and litigation expenses), all claims and demands, just or unjust, of third persons (such claims and demands being hereinafter in this Section referred to as "Claims" and singularly referred to as a "Claim") including but not limited to those for personal injuries (including death), property damages, or environmental impairment, arising or alleged to arise out of or in any subsurface containment structuresway related to, clarifiersthe failure of the Lessee to comply with each and every term and provision of the Lease, oil-water separatorsor the Storage Tanks, or any Discharge, or any lawsuit brought or threatened, settlement reached or any governmental order relating to the Storage Tanks or a Discharge, or any violation or any Environmental Requirements or demands of any governmental authority based upon or in any way related to the Storage Tanks or a Discharge, and whether such arise out of the acts or omissions of the Lessee or of customers or contractors of the Lessee or of third persons or out of the acts of God or the public enemy or otherwise including claims by the City of New York against the Port Authority pursuant to the provisions of the Basic Lease (as defined in the Lease) whereby the Port Authority has agreed to indemnify the City against claims. It is understood the foregoing indemnity shall cover all related systems claims, demands, penalties, settlements, damages, fines, costs and expenses of or imposed by any governmental Authority under the Environmental Requirements. If so directed the Lessee shall at its expense defend any suit based upon any such Claim (including dispenserseven if such Claim is groundless, false or fraudulent) and equipment located on in handling such it shall not without first having express advance permission from the Premises and usedGeneral Counsel of the Port Authority raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, at the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority or the provisions of any time, to collect or store Hazardous Materials statutes respecting suits against the Port Authority. (collectively, “Storage Tanks”f) in compliance with all applicable Laws. Within ninety (90) days of The Lessee's obligations under this Section shall survive the expiration or earlier termination of this Lease the Lease. (provided that such 90-day period may be extended g) In addition to the extent necessary requirements of Section 8 of the Lease and paragraph (d) hereof, the Port Authority shall have the right upon notice to obtain permits or authorizations required by Environmental Law the Lessee to remove direct the Storage Tanks), Landlord mayLessee, at Landlord’s the Lessee's sole cost and expense, (Ai) cause to perform such reasonable testing of the complete removal Storage Tanks as the Port Authority shall direct and to perform such testing of all the soil, subsoil and ground water of the premises and of such surrounding areas as the Port Authority shall direct, and (ii) to clean- up and remediate any Discharge, regardless of whether any Environmental Requirement or governmental authority shall require such testing, clean-up or remediation, which testing, clean- up and remediation shall be performed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority's approval. (h) In the Lessee's use and operation of the Storage Tank, the Lessee shall not permit any Hazardous Substance from entering the ground including without limitation (subject to Section 6 hereof) installing appropriate spill and overfill devices and placing an impervious material, such as asphalt or concrete, over the ground area above and in the vicinity of the Storage Tanks. (1) The Lessee shall remove the Storage Tanks from the Premises, which removal shall be performed in compliance with all applicable Laws, premises on or before the expiration of the Lease and (B) take any and all actions necessary to close out the registration dispose of the Storage Tanks off the Airport in compliance accordance with all applicable Laws and procure a Certificate Environmental Requirements. (2) Without limiting the foregoing or any other term or provision of Closure (or equivalent governmental certification or confirmation) from the applicable governmental authoritythis Agreement, confirming that the Storage Tanks are no longer registered as such with the applicable State. In the event Hazardous Materials related to Tenant’s operations of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law (the “Contamination”), Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contamination, provided Tenant shall not be liable for any releases of Hazardous Materials caused by or related to Landlord’s removal of the Storage Tanks. Any remediation of the Storage Tanks shall be conducted under applicable nonperformed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority's approval and, in connection with such removal, the Lessee shall restore the premises to the same condition existing prior to the installation of the Storage Tanks, shall perform such testing of the Storage Tanks and of the soil, sub-residential use soil and ground water in the vicinity of the Storage Tanks as shall be required by the Port Authority and shall clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”)and remediate contamination disclosed by said testing. In the event Landlord determines that remediation is required for Contamination from the Lessee does not remove the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheld.required by

Storage Tanks. Tenant shallThe Lessee shall not use any of the underground or above ground storage tanks installed in the Premises on the Effective Date and its or their appurtenances, throughout pipes, lines, fixtures and other related equipment (which tanks and appurtenances, pipes, lines, fixtures and equipment are hereinafter collectively called the Term “Existing Tanks” and singularly called an “Existing Tank”). In the event that notwithstanding the foregoing the Lessee shall use any of the Existing Tanks, then such use shall be subject to all of the following terms and conditions: (a) Each Existing Tank used by the Lessee and all underground storage tanks and all above ground storage tanks installed in the Premises during the term of the letting hereunder or during the letting or use of the Premises by the Lessee under any previous agreement, and its or their appurtenances, pipes, lines, fixtures and other related equipment are hereinafter collectively called the “Lessee’s Tanks” and singularly called a “Lessee Tank”. Notwithstanding any other facts or circumstances the contrary including without limitation any vesting of title to the Lessee’s Tanks in the City of New York pursuant to any construction or alteration application or otherwise, the Lessee hereby agrees that title and ownership of the Lessee’s Tanks shall be and remain in the Lessee, that all Lessee’s Tanks shall be registered by the Lessee in the name of the Lessee as operator and owner and that the Lessee shall have full and sole responsibility for all the Lessee’s Tanks, and shall release and relieve the Port Authority from all costs and responsibility for the Lessee’s Tanks. The Port Authority has made no representations or warranties with respect to the Lessee’s Tanks or their location and shall assume no responsibility for the Lessee’s Tanks. All Lessee’s Tanks installed by the Lessee shall be installed pursuant to the terms and conditions of the Lease including without limitation Section 33 hereof entitled “Other Construction by the Lessee” and nothing in this Section shall or shall be deemed to be permission or authorization to install any Lessee’s Tanks. (b) Without limiting the generality of any of the provisions of the Lease, the Lessee agrees that it shall be solely responsible for maintaining, testing and repairing the Lessee’s Tanks. The Lessee shall not perform any servicing, repair or non-routine maintenance to the Lessee’s Tanks without the prior written approval of the Port Authority. In addition, the Lessee, at its sole cost and expense, maintain shall make all modifications to the Lessee’s Tanks and monitor any take all other actions so that the Lessee’s Tanks shall at all times comply with all applicable Environmental Requirements. (1) The Lessee shall remove all the Lessee’s Tanks from the Premises on or before the expiration of the Lease (unless the Lessee shall have received the prior written approval of the Port Authority to have abandoned a tank in place and such abandonment continues to meet all underground storage tanks, aboveground storage tanks, any subsurface containment structures, clarifiers, oil-water separators, and all related systems (including dispensersapplicable Environmental Requirements) and equipment located on the Lessee agrees to dispose of the Lessee’s Tanks off the Airport in accordance with all applicable Environmental Requirements. (2) Any removal of the Lessee’s Tanks shall be performed pursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority’s approval and in connection with such removal, the Lessee shall restore the Premises to the same condition existing prior to the installation of the Lessee’s Tanks, shall perform such testing of the Lessee’s Tanks and of the soil, sub-soil and ground water in the vicinity of the Lessee’s Tanks as shall be required by the Port Authority and shall clean-up and remediate any contamination disclosed by said testing. In the event the Lessee does not remove the Lessee’s Tanks as required by subparagraph (l) above, the Port Authority may enter upon the Premises and usedeffect the removal and disposal of the Lessee’s Tanks, restoration of the Premises and such remediation and the Lessee hereby agrees to pay all costs and expenses of the Port Authority arising out of such removal, disposal, restoration and remediation. (d) Without limiting the generality of any other term or provision of the Lease, the Lessee shall at its cost and expense comply with all Environmental Requirements applicable to the Lessee’s Tanks, including without limitation any timemodifications or closures required thereby, and any Discharge (as defined in paragraph (i) hereof) including without limitation testing the Lessee’s Tanks and registering the Lessee’s Tanks in the name of the Lessee as owner and operator, submitting all required clean-up plans, bonds and other financial assurances, performing all required clean-up and remediation of Discharges and filing all reports, making all submissions to, providing all information required by, and complying with all requirements of, all Governmental Authorities pursuant to collect all such Environmental Requirements. Nothing in the foregoing shall be construed as a submission by the Port Authority to the application to itself of the Environmental Requirements, provided, however, no immunity or store Hazardous Materials exemption of the Port Authority from the Environmental Requirements shall excuse the compliance therewith by the Lessee or shall be grounds for non-compliance therewith by the Lessee. (collectively1) Without limiting the terms and provisions of Section 2 hereof entitled “Construction by the Lessee” and Section 13 hereof entitled “Indemnity and Liability Insurance”, the Lessee hereby assumes all risks arising out of or in connection with the Lessee’s Tanks and all Discharges whether or not foreseen or unforeseen and shall indemnify and hold harmless the Port Authority, its Commissioners, officers, agents and employees from and against (and shall reimburse the Port Authority for their costs and expenses including without limitation penalties, fines, liabilities, settlements, damages, attorney and consultant fees, investigation and laboratory fees, clean-up and remediation costs, court costs and litigation expenses), all claims and demands, just or unjust, of third Persons (such claims and demands being hereinafter in this Section referred to as “Storage TanksClaims” and singularly referred to as a “Claim”) including but not limited to those for personal injuries (including death), property damages, or environmental impairment, arising or alleged to arise out of or in compliance any way related to, the failure of the Lessee to comply with each and every term and provision of the Lease relating to the Lessee’s Tanks or to any Discharge, or the Lessee’s Tanks, or any Discharge, or any lawsuit brought or threatened, settlement reached or any governmental order relating to the Lessee’s Tanks or a Discharge, or any violation of any Environmental Requirement or demands of any Governmental Authority based upon or in any way related to the Lessee’s Tanks or a Discharge, and whether such arise out of the acts or omissions of the Lessee or of the contractors of the Lessee or of third Persons or out of the acts of God or the public enemy or otherwise including Claims by the City of New York against the Port Authority pursuant to the provisions of the Basic Lease whereby the Port Authority has agreed to indemnify the City against claims. It is understood the foregoing indemnity shall cover all applicable Laws. Within ninety claims, demands, penalties, settlements, damages, fines, costs and expenses of or imposed by any Governmental Authority under the aforesaid Environmental Requirements. (902) days If so directed the Lessee shall at its expense defend any suit based upon any such Claim (even if such Claim is groundless, false or fraudulent) and in handling such it shall not without first having express advance permission from the General Counsel of the Port Authority raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority or the provisions of any statutes respecting suits against the Port Authority. (3) The terms and conditions of this paragraph (e) are intended to allocate obligations and responsibilities between the Lessee and the Port Authority only, and nothing in this paragraph (e) shall limit, modify or otherwise alter the rights and remedies which the Port Authority or the Lessee may have against third parties at law, equity or otherwise. (f) Without limiting or affecting the terms and provisions of Section 23 hereof entitled “Survival of the Obligations of the Lessee”, the Lessee’s obligations under this Section shall survive the expiration or earlier termination of this Lease the Lease. (provided that such 90-day period may be extended g) In addition to the extent necessary requirements of Section 6 hereof entitled “Compliance with Governmental Regulations” and paragraph (d) of this Section, the Port Authority shall have the right upon notice to obtain permits or authorizations required by Environmental Law the Lessee to remove direct the Storage Tanks), Landlord mayLessee, at Landlordthe Lessee’s sole cost and expense, (Ai) cause to perform such reasonable testing of the complete removal Lessee’s Tanks as the Port Authority shall direct and to perform such testing of all Storage Tanks from the Premisessoil, subsoil and ground water of the Terminal and of such surrounding area as the Port Authority shall direct, and (ii) to clean-up and remediate any Discharge, regardless of whether any Environmental Requirement or Governmental Authority shall require such testing, clean-up or remediation, which removal testing, clean-up and remediation shall be performed in compliance with all applicable Lawspursuant to an alteration application prepared by the Lessee and submitted to the Port Authority for the Port Authority’s approval. (h) In the Lessee’s use and operation of the Lessee’s Tanks, the Lessee shall not permit any Hazardous Substance from entering the ground including without limitation (subject to Section 33 hereof entitled “Other Construction by the Lessee”) installing appropriate spill and overfill devices and placing an impervious material, such as asphalt or concrete, over the ground area above or under, as the case shall be, and (B) take any and all actions necessary to close out in the registration vicinity of the Storage Tanks Lessee’s Tanks. (i) As used in compliance with all applicable Laws and procure a Certificate this Section, “Discharge” shall mean the presence, pumping, pouring, venting, emitting, emptying, leakage, deposit, spill, discharge or other release of Closure (or equivalent governmental certification or confirmation) Hazardous Substances from the applicable governmental authorityLessee’s Tanks or in connection with their use, confirming that the Storage Tanks are no longer registered as such with the applicable State. In the event Hazardous Materials related to Tenant’s operations of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law (the “Contamination”)operation, Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contaminationmaintenance, provided Tenant shall not be liable for any releases of Hazardous Materials caused by testing or related to Landlord’s removal of the Storage Tanks. Any remediation of the Storage Tanks shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheldrepair.

Storage Tanks. (a) Notwithstanding anything to the contrary in Paragraph 7.5 hereof, Tenant shall not install storage tanks of any size or shape in the Premises, above or below ground, without the consent of the Landlord which can be withheld in Landlord's sole discretion. If Landlord elects to grant its consent, Landlord shall have the right to condition its consent upon Tenant agreeing to give to Landlord such assurances that Landlord, in its sole discretion, deems necessary to protect itself against potential problems concerning the installation, use, removal and contamination of the Premises as a result of the installation and/or use of such tank, including but not limited to the installation of a concrete encasement for said tank. Tenant shall comply at its expense with all applicable permit and/or registration requirements and repair any damage caused by the installation, maintenance or removal of such tank. Upon termination of the Lease, Tenant shall, throughout the Term and at its sole cost and expense, maintain remove any tank from the Premises, remove and monitor replace any contaminated soil or materials (and all underground storage tanks, aboveground storage tanks, any subsurface containment structures, clarifiers, oil-water separators, and all related systems (including dispenserscompact or treat the same as then required by law) and equipment located on repair any damage or change to the Premises and usedcaused by said installation and/or removal. Nothing contained herein shall be construed to diminish or reduce Tenant's obligations under Paragraph 48. (b) Landlord shall have the right to employ experts and/or consultants, at any timeTenant's expense, to collect or store Hazardous Materials advise Landlord with respect to the installation, operation, monitoring, maintenance and removal and restoration of any such tank. (collectivelyc) Landlord hereby consents to the Tenant's installation of an above-ground diesel fuel storage tank of not to exceed 600 gallons having a design and location as shown on Exhibit "C" solely for the purpose of serving a diesel-operated emergency generator; provided that (i) such storage tank is installed, “Storage Tanks”) maintained, operated and removed in compliance accordance with all applicable Laws. Within ninety (90) days of the expiration or earlier termination requirements of this Lease (provided that such 90-day period may be extended to the extent necessary to obtain permits or authorizations required by Environmental Law to remove the Storage Tanks), Landlord may, and at Landlord’s Tenant's sole cost and expense, (Aii) cause Landlord may require the complete installation of a concrete encasement for such tank at Tenant's sole cost and expense and (iii) Tenant removes such tank prior to expiration or earlier termination of the term of this Lease. Tenant shall provide Landlord with copies of all licenses and permits required by Applicable Law in connection with Tenant's installation, operation, maintenance and removal of all Storage Tanks from the Premises, which removal shall be performed in compliance with all applicable Laws, and (B) take any and all actions necessary to close out the registration of the Storage Tanks in compliance with all applicable Laws and procure a Certificate of Closure (or equivalent governmental certification or confirmation) from the applicable governmental authority, confirming that the Storage Tanks are no longer registered as such with the applicable State. In the event Hazardous Materials related to Tenant’s operations of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law (the “Contamination”), Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contamination, provided Tenant shall not be liable for any releases of Hazardous Materials caused by or related to Landlord’s removal of the Storage Tanks. Any remediation of the Storage Tanks shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheldtank.

Storage Tanks. (a) During the Term, subject to the approval of PAID in accordance with the CCRs, Tenant shallshall be permitted to install and operate at its sole expense, throughout nitrogen and carbon dioxide gas storage tanks (“Storage Tanks”) in an appropriate location outside of the Term Building, but on the Property, designated by Landlord and reasonably acceptable to Tenant, which location shall be provided to Tenant by Landlord for no additional Minimum Annual Rent (but subject to the reimbursement by Tenant of any applicable and reasonable third-party costs actually incurred by Landlord with respect to the Storage Tanks). Tenant shall comply with the provisions of Sections 10, 12 and 13 of this Lease with respect to the installation and alteration of, and improvements to, the Storage Tanks, and the size, location and installation of such Storage Tanks shall be subject to reasonable review and approval of Landlord. The Storage Tanks shall be screened from view, at Tenant’s sole cost. Such screening shall be designed by the base building architect and shall be otherwise reasonably acceptable to Landlord. Tenant shall maintain the Storage Tanks in good order and condition at its sole cost and expense, maintain and monitor any and . Tenant shall comply at all underground storage tanks, aboveground storage tanks, any subsurface containment structures, clarifiers, oil-water separators, and all related systems (including dispensers) and equipment located on the Premises and used, at any time, to collect or store Hazardous Materials (collectively, “Storage Tanks”) in compliance with all applicable Laws. Within ninety (90) days of the expiration or earlier termination of this Lease (provided that such 90-day period may be extended to the extent necessary to obtain permits or authorizations required by Environmental Law to remove the Storage Tanks), Landlord may, at Landlord’s sole cost and expense, (A) cause the complete removal of all Storage Tanks from the Premises, which removal shall be performed in compliance with all applicable Laws, and (B) take any and all actions necessary to close out the registration of the Storage Tanks in compliance times with all applicable Laws and procure a Certificate of Closure (or equivalent governmental certification or confirmation) from the applicable governmental authority, confirming that with respect to the Storage Tanks are no longer registered as such and its installation, maintenance, operation and removal. Tenant shall obtain all necessary approvals for the Storage Tanks from all governmental authorities having jurisdiction over the installation and operation of the same, including without limitation the aforementioned approval of PAID in accordance with the applicable StateCCRs. In Landlord agrees to reasonably cooperate with Tenant, at no cost to Landlord, in connection with the event Hazardous Materials related to Tenant’s operations installation of the Storage Tanks is confirmed above applicable industrial use standards allowed under Law Tanks. (b) Tenant covenants and agrees that neither Tenant nor its agents, employees or contractors will cause any damage to the “Contamination”)Building during the installation, Tenant shall reimburse Landlord for all reasonable and documented out-of-pocket costs to investigate and remediate the Contaminationoperation, provided Tenant shall not be liable for any releases of Hazardous Materials caused by Maintenance or related to Landlord’s removal of the Storage Tanks. Any remediation At the expiration or sooner termination of the Term, Tenant shall remove the Storage Tanks at its own cost and shall repair any damage to the affected portions of the Building or Property caused by such operation or removal; provided, however, that at Landlord’s request Tenant shall leave the Storage Tanks in place and upon expiry it automatically shall become the property of Landlord. Tenant shall take all necessary steps to ensure that all necessary approvals for the Storage Tanks, as obtained by Tenant pursuant to Section 36(a) above, are timely modified, reissued and transferred, as necessary, to reflect the Storage Tanks becoming the property of Landlord. If Tenant does not remove the Storage Tanks as set forth above and Landlord does not elect to have Tenant leave the Storage Tanks in place, Tenant hereby authorizes Landlord to remove and dispose of the same and charge Tenant for all reasonable costs and expenses incurred. Tenant’s indemnification of Landlord pursuant to Section 8(e) of this Lease also applies to the Storage Tanks and Tenant’s use of any portion of the Property therefor. The permission granted in this Section 36 for Tenant to install and operate the Storage Tanks shall be conducted under applicable non-residential use clean-up standards allowed pursuant to applicable Laws (the “Cleanup Standards”). In the event Landlord determines that remediation is required for Contamination from the Storage Tanks and Landlord seeks reimbursement from Tenant for the cost thereof in accordance with the provisions of this Section 9.3, prior to the submission of any documents, reports or other correspondence to any government agency (“Submittals”), Landlord shall provide draft copies to Tenant and allow Tenant at least ten (10) business days for Tenant’s review and approval, which approval shall not be unreasonably denied, conditioned or delayed. Landlord shall incorporate any reasonable comments proposed by Tenant, provided that such comments are received within ten (10) business days of Tenant’s receipt of the Submittals. Further, if Tenant does not approve the Submittals or provide comments within ten (10) business days of Tenant’s receipt of same, Tenant shall be deemed to have approved such Submittals. Tenant’s liability related to any investigation or remediation make the portion of the Contamination shall terminate upon the procurement and delivery to Landlord of a so-called “No Further Action” letter or its equivalent from the applicable governmental authority. If the jurisdiction in which the Contamination is located does not routinely issue a “No Further Action” letter or its equivalent, Tenant’s liability related to any investigation or remediation Property affected thereby part of the Contamination shall terminate upon achieving compliance with applicable Cleanup Standards as such compliance is reasonably determined by Tenant, acting in good faith, which determination by Tenant shall be subject to Landlord’s approval, which approval shall not be unnecessarily withheldPremises for any purpose under this Lease.